POLITICAL LAW REVIEWER
LOCAL GOVERNMENT LAW
Table of Contents
Chapter I. Basic Principles..........................258
I. Nature and Status .............................258
A. Definition .......................................258
B. Dual Nature...................................258
II. Principles of Local Government Law 259
A. State Policy, Principles of
Decentralization.....................................259
B. Local Autonomy ............................259
C. Decentralization ............................259
C. Devolution .....................................260
III. The Local Government Code ............260
A. Effectivity.......................................260
B. Scope............................................260
C. Rules of Interpretation ..................260
Chapter II. Creation and Dissolution of LGUs
.......................................................................261
I. Creation.............................................261
A. General Provisions .......................261
B. Specific Requirements..................261
C. Authority to Create Local Government
Units 262
D. Creation and Conversion of LGUs 263
E. Plebiscite.......................................264
F. Beginning of Corporate Existence 264
II. Division and Merger; Abolition ..........266
A. Division and Merger ......................266
B. Abolition ........................................266
III. Settlement of Boundary Disputes .267
A. Jurisdictional Responsibility
Settlement of Boundary Dispute............267
B. Appeal...........................................267
C. Maintenance of the Status Quo ....267
Chapter III. General Powers and
Attributes of LGUs .......................................268
I. Powers in General ...............................268
A. Sources of Powers of LGUs..............268
B. Classification of Powers of LGUs......268
C. Execution of Powers .........................268
II. Political and Corporate Nature of LGUs
268
III. Governmental Powers ....................269
A. General Welfare ................................269
1. Police Power .................................269
2. Limitations.....................................270
3. Abatement of Nuisance ................271
4. Closure of Roads ..........................271
B. Power to Generate Revenue ............272
C. Eminent Domain................................273
D. Basic Services and Facilities ............275
E. Reclassification of Lands ..................276
F. Corporate Powers .............................277
G. Local Legislative Power ....................278
TABLE of CONTENTS
Chapter IV. Local Initiative and Referendum
....................................................................... 283
A. Definition ........................................... 283
B. Requirements.................................... 283
C. Procedure ......................................... 283
D. Effectivity of Local Propositions ........ 283
E. Limitations on Initiatives.................... 283
F. Limitations Upon Local Legislative
Bodies ........................................................ 284
Chapter V. Municipal Liability..................... 285
A. Specific Provisions making LGUs Liable
285
B. Liability for Torts, Violation of the Law
and Contracts ............................................ 285
C. Personal Liability of Public Official.... 286
256
Chapter VI. Intergovernmental Relations –
LOCAL GOVERNMENT LAW
National Government and LGUs................. 287
I. Executive Supervision....................... 287
A. 1987 Constitution, Art. X, Sec. 2 and
4 287
B. Administrative Code of 1987, Title XII
Chapter I................................................ 287
II. Consultations .................................... 288
LGC Sec. 2(c), 26, 27 ........................... 288
A. Declaration of Policy..................... 288
B. Maintenance of Ecological Balance
288
for C. Prior Consultation ......................... 288
III. Relations with Philippine National
Police 289
LGC, Sec. 28 ........................................ 289
IV. Other Relations............................. 290
A. Inter-local Relations ...................... 290
B. Relations with Non-Governmental
organizations ......................................... 290
Chapter VII. Local Officials ......................... 291
I. Elective Local Officials ....................... 291
A. Qualifications .................................... 291
B. Disqualifications ...............................292`
C. Manner of Election ............................ 294
D. Term of Office ................................... 294
E. Rules on Succession ........................ 296
F. Recall ................................................ 299
G. Discipline........................................... 300
1. Administrative Action .................... 300
2. Penalties ....................................... 302
3. Power of Tribunals........................ 303
II. Appointive Officials............................. 304
A. Appointments .................................... 304
B. Discipline........................................... 306
C. Removal ............................................ 306
POLITICAL LAW REVIEWER TABLE of CONTENTS

D. Officials Common to All Municipalities,

Cities and Provinces ..................................306
III. Provisions Applicable to Elective and
Appointive Officials .....................................307
A. Prohibited Interests ...........................307
LGC Sec. 89 ..............................................307
B. Practice of Profession .......................307
C. Prohibition against Appointment .......308
IV. Local Boards and Councils ................308
A. Local School Board ...........................308
B. Local Health Board............................309
C. Local Development Council ..............309
D. Local Peace and Order Council ........309

Chapter VIII. Local Government Units .......310

A. The Barangay....................................310
1. Katarungang Pambarangay..........310
2. Sangguniang Kabataan ................311
B. The Municipality ................................311
C. The City .............................................312
D. The Province .....................................313
257
Chapter IX. Miscellaneous and Final

LOCAL GOVERNMENT LAW

Provisions .....................................................314
A. Posting and Publication of Ordinances
with Penal Sanctions .................................314
B. Penalties for Violation of Tax
Ordinances.................................................314
C. Provisions for Implementation...........314

Chapter X. Application of LGC to

Autonomous Regions and Other Entities..315
I. The Autonomous Region in Muslim
Mindanao ...................................................315
II. Cordillera Administrative Region.......315
III. The Metropolitan Manila Development
Authority.....................................................316
POLITICAL LAW REVIEWER Chapter I. BASIC PRINCIPLES

LOCAL GOVERNMENT LAW TEAM

Chapter I. Basic Principles

LOCAL GOVERNMENT LAW

Prof. Gisella Dizon-Reyes
Faculty Editor
I. NATURE AND STATUS
A. Definition
Sherwin Ebalo B. Dual Nature
Lead Writer II. PRINCIPLES OF LOCAL GOVERNMENT LAW
Paulyne Caspillan A. State Policy, Principles of Decentralization
Karlo Noche B. Decentralization
Writers C. Devolution
III. THE LOCAL GOVERNMENT CODE
POLITICAL LAW A. Effectivity
Jennifer Go B. Scope
Subject Editor C. Rules of Interpretation

ACADEMICS COMMITTEE
I. Nature and Status
Kristine Bongcaron
Michelle Dy A. Definition
Patrich Leccio
Editors-in-Chief A Local Government Unit (LGU) is a political
subdivision of the State which is constituted by
PRINTING & DISTRIBUTION law and possessed of substantial control over its
Kae Guerrero own affairs. Remaining to be an intra sovereign
DESIGN & LAYOUT
subdivision of a sovereign nation, but not 258
intended to be an imperium in imperio, the LGU

LOCAL GOVERNMENT LAW

Pat Hernandez is autonomous in the sense that it is given more
Viktor Fontanilla powers, authority, responsibilities and resources.
Rusell Aragones [ Alvarez vs Guingona (1996)]
Romualdo Menzon Jr.
Rania Joya
“Local government” is interchangeable with
LECTURES COMMITTEE “municipal corporation.
 The City of Manila, being a mere municipal
Michelle Arias
Camille Maranan corporation, has no right to impose taxes.
Angela Sandalo [Basco vs PAGCOR (1991)]
Heads
Katz Manzano Mary Rose Beley Municipal Corporation vs Quasi-municipal
Sam Nuñez Krizel Malabanan corporation
Arianne Cerezo Marcrese Banaag  A municipal corporation exists by virtue of,
Volunteers
and is governed by, its charter. A quasi-
MOCK BAR COMMITTEE municipal corporation operates directly as
an agency of the state to help in the
Lilibeth Perez administration of public functions. [Singco,
BAR CANDIDATES WELFARE (1955)]

Dahlia Salamat
B. Dual Nature
LOGISTICS
Sec. 15, LGC. Every LGU created or recognized
Charisse Mendoza under this Code is a body politic and
corporate endowed with powers to be exercised
SECRETARIAT COMMITTEE
by it in conformity with law. As such, it shall
Jill Hernandez exercise powers as a political subdivision of the
Head national government and as a corporate entity
Loraine Mendoza Faye Celso representing the inhabitants of its territory.
Mary Mendoza Joie Bajo
Members
 The obligations of the old City of Manila
survives the cession of the Phil. to the U.S.
because of the corporate nature of the city.
[Villas vs Manila (1921)]

 As a body politic with governmental

functions, the LGU has the duty to ensure
POLITICAL LAW REVIEWER
the quality of the environment (S16, LGC). It
cannot claim exemption from PD 158 which
imposes the same duty. [Republic vs Davao
(2002)]
II. Principles of Local Government Law
A. State Policy, Principles of
Decentralization
Art. X, 1987 Constitution
Sec. 2. The territorial and political subdivisions shall
enjoy local autonomy.
Sec. 3. The Congress shall enact a local government
code which shall
o provide for a more responsive and accountable
local government structure
 instituted through a system of
decentralization
 with effective mechanisms of recall, initiative,
and referendum,
o allocate among the different local government
units their powers, responsibilities, and
resources,
o and provide for the qualifications, election,
appointment and removal, term, salaries, powers
and functions and duties of local officials,
o and all other matters relating to the organization
and operation of the local units.
Sec. 4. The President of the Philippines shall
exercise general supervision over local
governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays
 shall ensure that the acts of their component
units are within the scope of their prescribed
powers and functions.
Sec. 5. Each local government unit shall have the
power to create its own sources of revenues and to
levy taxes, fees and charges,
 subject to such guidelines and limitations as the
Congress may provide,
 consistent with the basic policy of local
autonomy.
Such taxes, fees, and charges shall accrue
exclusively to the local governments.
Local Government Code (RA 7160)
Sec. 2 (c) It is likewise the policy of the State to
require all national agencies and offices to conduct
periodic consultations with:
 appropriate local government units,
 nongovernmental and people's organizations,
 and other concerned sectors of the community
before any project or program is implemented in
their respective jurisdictions.
Chapter I. BASIC PRINCIPLES
B. Local Autonomy
 The principle of local autonomy under the
1987 Constitution simply means
decentralization (discussed below). [Basco
vs PAGCOR (1991)]
Illustrations
 The CSC cannot declare the provision “upon
recommendation of the local chief executive
concerned” as merely directory. Such
provision is in consonance with local
autonomy. [San Juan vs CSC (1991)]
 An A.O. may not compel LGUs to reduce
their total expenditures. Supervising officials
may not lay down or modify the rules. These
rules were made in furtherance of local
autonomy. [Pimentel vs Aguirre (2000)]
 HOWEVER, the Constitution did not intend,
for the sake of local autonomy, deprive the
legislature of all authority over LGUs, in
particular, concerning discipline. [Ganzon vs 259
CA (1991)]
LOCAL GOVERNMENT LAW
C. Decentralization
NOTE: Decentralization is a means to achieve
local autonomy.
Autonomy is either (1) decentralization of
administration or (2) decentralization of power.
There is decentralization of administration
when the central government delegates
administrative powers to political subdivisions in
order to broaden the base of government power.
 Purpose: to relieve the central government
of the burden of managing local affairs and
enable it to concentrate on national
concerns.
 The President exercises "general
supervision" over them, but only to
"ensure that local affairs are
administered according to law." He has
no control over their acts in the sense that
he can substitute their judgments with his
own. [Limbona v. Mangelin (1989)]
Cf. Decentralization of power is the abdication
of political power in favor of LGUs declared to be
autonomous. There is self-immolation where
autonomous government is accountable, not to
the central government, but to its constituents.
(Note: not allowed by our Constitution.)
 Sec. 1 of AO 372 (Adoption of Economy
Measures in Government for FY 1998),
insofar as it “directs” LGUs to reduce
expenditures by at least 25%, is a valid
exercise of the President’s power of general
POLITICAL LAW REVIEWER Chapter I. BASIC PRINCIPLES

supervision over LGUs as it is advisory only.  Construed liberally in favor of taxpayer

Supervisory power, when contrasted with  Tax exemption, incentive or relief is
control, is the power of mere oversight over construed strictly against person
an inferior body; it does not include any claiming it
restraining authority over such body. 3. General welfare provisions
[Pimentel v. Aguirre, supra]  Liberally interpreted to give more
powers to LGU in accelerating economic
C. Devolution development and upgrading quality of
life for the people of the community
(asked in 1999) 4. Rights and obligations existing on effectivity
of LGC:
 Refers to the act by which the national
 Arising from contracts or other source
government confers power and authority
 Shall be governed by
upon the various local government units to
 original terms and conditions of
perform specific functions and
contract, OR
responsibilities (Sec. 17, LGC); the transfer
 law in force at the time the rights
of power and authority from the National
were vested
Government to LGUs to enable them to
5. Resolution of controversies under the LGC:
perform specific functions and
 Where no legal provision or
responsibilities (Art. 24, IRR of the LGC).
jurisprudence applies
 Resort to customs and traditions in the
place where the controversies take
260
III. The Local Government Code place

LOCAL GOVERNMENT LAW

A. Effectivity
LGC, Sec. 536
 January 1, 1992, unless otherwise provided;
 After complete publication in at least one (1)
newspaper of general circulation.

B. Scope
RA 7160 (LGC), Sec. 4
The LGC shall apply to:
 provinces
 cities
 municipalities
 barangays
 other political subdivisions as may be
created by law; and
 to the extent herein provided, to officials,
offices, or agencies of the national
government.

C. Rules of Interpretation
LGC, Sec. 5
Sec. 5. Rules of Interpretation. - In the
interpretation of the provisions of this Code, the
following rules shall apply:

1. In case of doubt on any provision on a

power of an LGU:
 Liberal interpretation
 in favor of devolution of powers
 in favor of existence of power
2. In case of doubt on any tax ordinance or
revenue measure:
 Construed strictly against LGU
POLITICAL LAW REVIEWER
Chapter II. Creation and Dissolution of
LGUs
I. CREATION
A. GENERAL PROVISIONS
B. SPECIFIC REQUIREMENTS
1. METROPOLITAN POLITICAL
SUBDIVISIONS
2. HIGHLY URBANIZED CITIES AND
INDEPENDENT COMPONENT CITIES
3. AUTONOMOUS REGIONS
C. AUTHORITY TO CREATE LGUS
D. CREATION AND CONVERSION OF LGUS
E. PLEBISCITE
F. BEGINNING OF CORPORATE EXISTENCE
II. DIVISION AND MERGER; ABOLITION
A. DIVISION AND MERGER
B. ABOLITION
III. SETTLEMENT OF BOUNDARY DISPUTES
A. JURISDICTIONAL RESPONSIBILITY FOR
SETTLEMENT OF BOUNDARY DISPUTE
B. APPEAL
C. MAINTENANCE OF THE STATUS QUO
I. Creation
(Art. X, 1987 Consti.)
A. General Provisions
Sec. 10. 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 and
 subject to approval by a majority of the votes cast
in a plebiscite in the political units directly
affected.
Sec. 13. Local government units may:
 group themselves,
 consolidate or coordinate their efforts, services,
and resources
for purposes:
 commonly beneficial to them
 in accordance with law.
Sec. 14. The President shall provide for regional
development councils or other similar bodies
composed of local government officials, regional
heads of departments and other government offices,
and representatives from non-governmental
organizations within the regions:
 for purposes of administrative decentralization
 to strengthen the autonomy of the units therein
and
 to accelerate the economic and social growth and
development of the units in the region.
Chapter II. CREATION and DISSOLUTION of LGUs
B. Specific Requirements
1) Metropolitan Political Subdivisions
Sec. 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof.
The component cities and municipalities:
 shall retain their basic autonomy and
 shall be entitled to their own local executive and
legislative assemblies.
The jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic services
requiring coordination.
2) Highly Urbanized Cities and Independent
Component Cities
Sec.12. Cities that are highly urbanized, as
determined by law, and component cities whose
charters prohibit their voters from voting for
provincial elective officials, shall be independent
of the province.
The voters of component cities within a province,
whose charters contain no such prohibition, shall not
be deprived of their right to vote for elective provincial 261
officials.
LOCAL GOVERNMENT LAW
3) Autonomous Regions
Sec. 15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras consisting
of provinces, cities, municipalities, and geographical
areas sharing common and distinctive historical
and cultural heritage, economic and social
structures, and other relevant characteristics
 within the framework of this Constitution and the
national sovereignty as well as territorial integrity
of the Republic of the Philippines.
Sec. 16. The President shall exercise general
supervision over autonomous regions to ensure that
laws are faithfully executed.
Sec. 17. All powers, functions, and responsibilities not
granted by this Constitution or by law to the
autonomous regions
 shall be vested in the National Government.
Sec.18. The Congress shall enact an organic act for
each autonomous region with the assistance and
participation of the regional consultative commission
composed of representatives appointed by the
President from a list of nominees from multi-sectoral
bodies.
The organic act shall define the basic structure of
government for the region consisting of the
executive department and legislative assembly,
both of which shall be elective and representative of
the constituent political units.
The organic acts shall likewise provide for special
courts with personal, family, and property law
jurisdiction consistent with the provisions of this
Constitution and national laws.
POLITICAL LAW REVIEWER
C. Authority to Create Local Government
Units
LGC, Sec. 6
A local government unit may be
o created, divided, merged, abolished, or its
boundaries substantially altered
 either by law enacted by Congress in the
case of a province, city, municipality, or any
other political subdivision, OR
 by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod
concerned in the case of a barangay located
within its territorial jurisdiction,
o subject to such limitations and requirements
prescribed in this Code.
 The authority to create municipal
corporations is essentially legislative in
nature [Pelaez v. Auditor General (1965)]
 The enactment of a LGC is not a
condition sine qua non for the creation of
a municipality, and before the enactment of
such code, the power remains plenary
except that the creation should be approved
by the people concerned in a plebiscite
called for the purpose. [Torralba v. Sibagat
(1987)]
 The SC held that sec. 19 of RA 9054 insofar
as it grants ARMM Regional Assembly the
power to create provinces and cities is void.
(Constitution allows delegation of creating
municipalities and barangays only.) [Bai
Sema v. COMELEC (2008)]
Creations under Sec. 68, Admin Code
 The alleged power of the President to create
municipalities under Sec. 68 of the Admin
Code amounts to an undue delegation of
legislative power. The authority to create
municipal corporations is essentially
legislative in nature. The power of control of
the President over executive departments,
bureaus or offices implies no more than the
authority to assume directly the functions
thereof or to interfere in the exercise of
discretion by its officials. It does not include
the authority either to abolish or create such.
[Pelaez v. Auditor General (1965)]
 Effect if created under Sec 68, Admin Code:
The municipality is non-existent. It cannot be
a party to any civil action [Mun. of Kapalong
v. Moya (1988)]
De Facto Corporations
De facto municipal corporation: There is defect
in creation; legal existence has been recognized
and acquiesced publicly and officially.
Chapter II. CREATION and DISSOLUTION of LGUs
Requisites: (LACA)
(a) valid law authorizing incorporation;
(b) attempt in good faith to organize it;
(c) colorable compliance with law; and
(d) assumption of corporate powers.
 There can be no color of authority in an
unconstitutional statute. An unconstitutional
act confers no rights, imposes no duties,
affords no protection, and creates no office.
However, even if the EO was invalid, it does
not mean that the acts done by the
municipality of Balabagan in the exercise of
its corporate powers are a nullity. This is
because the existence of the EO is ‘an
operative fact which cannot justly be
ignored.’ [Malabanan v Benito (1969)]
 The Municipality of Sinacban1 possesses
legal personality. Where a municipality
created as such by executive order is later
impliedly recognized and its acts are 262
accorded legal validity, its creation can no
LOCAL GOVERNMENT LAW
longer be questioned.
Sinacban has attained de jure status2 by
virtue of the Ordinance appended to the
1987 Constitution, apportioning legislative
districts throughout the country, which
considered Sinacban part of the Second
District of Misamis Occidental. Above all,
Sec. 442(d) of the LGC of 1991 must be
deemed to have cured any defect in the
creation of Sinacban.
Since Sinacban had attained de facto
status at the time the 1987 Constitution took
effect on February 2, 1987, it is not subject
to the plebiscite requirement. This
requirement applies only to new
municipalities created for the first time
under the Constitution.
Attack Against Validity of Incorporation
 When the inquiry is focused on the legal
existence of a body politic, the action is
reversed to the state in a proceeding for quo
1
Sinacban was created by EO 258 of then President Elpidio
Quirino, pursuant to Sec. 68 of the Revised Administrative
Code of 1917.
2
De jure: by virtue of the ordinance appended to the 1987
Constitution; Sec. 442 (d), LGC curative.
Sec. 442(d), LGC: Municipalities existing as of the date of
the effectivity of this Code shall continue to exist and operate
as such. Existing municipal districts organized pursuant to
presidential issuances or executive orders and which have
their respective set of elective municipal officials holding
office at the time of the effectivity of this Code shall
henceforth be considered as regular municipalities.
POLITICAL LAW REVIEWER
warranto or any other direct proceeding.
Collateral attacks shall not lie.
 Proceeding must be: (RST)
1. Brought in the name of the
Republic of the Philippines
2. Commenced by the Sol Gen or the
fiscal when directed by the president
3. Timely raised [Municipality of San
Narciso v Mendez (1994)]
 The municipality can still be considered to
have attained at least a status closely
approximating that of a de facto corporation
despite the invalidity of the EO creating it.
This is because the State itself recognized
the continued existence of San Andres when
th
it classified it as a 5 class municipality.
And, more importantly, Sec.442(d) of the
LGC cured whatever defect there was in its
creation. [Municipality of San Narciso v.
Mendez]
Municipal Corporation by Prescription
Existence is presumed where the community
has claimed and exercised corporate functions
with the knowledge and acquiescence of the
legislature, and without interruption or objection
for a period long enough to afford title by
prescription. [Martin, Public Corporations (1977)]
 The municipality was created under a void
law (S68, AC). But it should be considered a
de jure personality because it existed 1 year
before the Pelaez case, and various
governmental acts indicate the State’s
recognition of its existence. [Mun. of
Candijay v. CA (1995)]
D. Creation and Conversion of LGUs
Requirements
1. In accordance with the criteria established in
the LGC
2. Majority of the votes cast in a plebiscite in
the political units directly affected.
 Purpose of plebiscite: to prevent
gerrymandering (i.e. the practice of
creating legislative districts to favor a
particular candidate or party) and
creation or abolition of units for purely
political purposes.
Criteria
LGC, Sec. 7
As a general rule, the creation of a local
government unit or its conversion from one level
to another level shall be based on verifiable
indicators of viability and projected capacity to
provide services, to wit: (IPL)
1. Income. - must be sufficient, based on
Chapter II. CREATION and DISSOLUTION of LGUs
acceptable standards, to provide for all
essential government facilities and services
and special functions commensurate with
the size of its population.
2. Population. - total number of inhabitants
within the territorial jurisdiction of the local
government unit cozncerned.
3. Land Area. - must be:
 Contiguous
o unless it comprises two or more
islands or is separated by a LGU
independent of the others;
 Properly identified by metes and bounds
with technical descriptions; and
 Sufficient to provide for such basic
services and facilities to meet the
requirements of its populace.
 Compliance attested to by:
 Department of Finance (DOF)
 National Statistics Office (NSO)
 Lands Management Bureau (LMB) of 263
the Department of Environment and
LOCAL GOVERNMENT LAW
Natural Resources (DENR).
Illustrations
 The requirement on metes and bounds was
meant merely as a tool in the establishment
of LGUs. So long as the territorial jurisdiction
of a city may be reasonably ascertained, the
intent behind the law (i.e., the
determination of the territorial jurisdiction
over which governmental powers may be
exercised) has been sufficiently served. A
cadastral type description is not necessary.
[Mariano v. COMELEC (1995)]
NOTE: The ruling in Mariano is an exception
to the general rule of proper identification
because of its peculiar facts: (1) the
legislature deliberately omitted the
description in metes and bounds because of
the pending litigation between Makati and
Taguig over Fort Bonifacio; (2) RA 7854
provided that the territory of the City of
Makati will be the same as that of the
Municipality of Makati, thus making the
territorial jurisdiction of Makati ascertainable
(subject, of course, to the result of the
unsettled boundary dispute).
 Compliance with population OR land area, in
addition to income, is sufficient to satisfy the
requirements in the creation of a city.
[Samson v. Aguirre (1999)]
 Internal Revenue Allocations (IRAs) form
part of the income of LGUs. The funds
generated from local taxes, IRAs and
national wealth utilization proceeds accrue
POLITICAL LAW REVIEWER
to the general fund of the LGU and are used
to finance its operations subject to specified
modes of spending the same as provided for
in the LGC and its implementing rules and
regulations.
 As such, for purposes of budget preparation,
which budget should reflect the estimates of
the income of the LGU, among others, the
IRAs and the share in the national wealth
utilization proceeds are considered items of
income. [Alvarez v. Guingona (1996)]
NOTES:
 For provinces and cities, the income
requirement must be satisfied; and EITHER
population OR territory.
 In the creation of barangays, there is no
minimum requirement for area and income.
 As to the income requirement, average
annual income shall include the income
accruing to the general fund, exclusive of
special funds, transfers, and non-recurring
income.
E. Plebiscite
LGC, Sec. 10
 No creation, division, merger, abolition, or
substantial alteration of boundaries of local
government units shall take effect unless
there is:
 Law or ordinance
 Approved by a majority of the votes cast
in a plebiscite called for the purpose
in the political unit or units directly
affected.
 Said plebiscite shall be conducted by
the commission on elections
(COMELEC)
- Within one hundred twenty (120) days from
the date of effectivity of the law or ordinance
effecting such action, unless said law or
ordinance fixes another date.
Illustrations
 When the law states that the plebiscite shall
be conducted “in the political units
directly affected”, it means that the
residents of the political entity who would be
Chapter II. CREATION and DISSOLUTION of LGUs
economically dislocated by the
separation of a portion thereof have the
right to vote in said plebiscite. What is
contemplated by the phrase “political units
directly affected” is the plurality of political
units which would participate in the
plebiscite. [Padilla v. COMELEC (1992)]
 The downgrading of Santiago City from an
ICC to a component city falls within the
meaning of creation, division, merger,
abolition, or substantial alteration of
boundaries; hence, ratification in a plebiscite
is necessary. There is material change in
the political and economic rights of the
LGUs directly affected as well as the budget
preparation, which budget should reflect the
estimates of people therein. It is therefore
but reasonable to require the consent of the
people to be affected.
Effects of downgrading: (ART) 264
(a) the city mayor will be placed under the
LOCAL GOVERNMENT LAW
Administrative supervision of the
governor;
(b) resolutions and ordinances will have to
be Reviewed by the provincial board;
(c) Taxes will have to be shared with the
province. [Miranda v. Aguirre (1999)]
 The creation of a separate congressional
district of Mandaluyong is not a subject
separate and distinct from the subject of its
conversion into a highly-urbanized city but is
a natural and logical consequence of its
conversion…The Court found no need for
the people of San Juan to participate in the
plebiscite. They had nothing to do with the
change of status of neighboring
Madaluyong. [Tobias v. Abalos (1994)]
F. Beginning of Corporate Existence
LGC, Sec. 14
Sec. 14. When a new local government unit is
created,
 its corporate existence
o shall commence upon the election and
qualification of its chief executive and a
majority of the members of its sanggunian,
o unless some other time is fixed therefor by
the law or ordinance creating it.
POLITICAL LAW REVIEWER Chapter II. CREATION and DISSOLUTION of LGUs

Summary: Creation of Specific LGUs3

Requirements Province City Municipality Barangay

LGC 460-461 RA 9009 (2001) LGC 441-442 LGC 385-386
Income Average annual Average annual Average annual No minimum
income, as income, as income, as certified requirement for
certified by the certified by the by the provincial income
Department of Department of treasurer, of at
Finance, of not Finance, of at least least
less than P100,000,000 for P2,500,000.00 for
P20,000,000 the last 2 the last two
based on 1991 consecutive years consecutive years
constant prices based on 2000 based on 1991
constant prices constant prices

Population 250,000 150,000 25,000 inhabitants 2,000 inhabitants

inhabitants inhabitants 5,000 inhabitants, in
cities and
municipalities within
MM and other
metropolitan political
subdivisions or in 265
highly urbanized cities

LOCAL GOVERNMENT LAW

Territory contiguous contiguous territory contiguous territory No minimum
2 2
territory of at least of at least 100 km of at least 50 km requirement for area
2
2,000 km

territory need not requirement on requirement on Territory need not be

be contiguous if it land area shall not land area shall not contiguous if it
comprises 2 or apply where the apply where the comprises 2 or more
more islands or is city proposed to be municipality islands
separated by a created is proposed to be
chartered city or composed of 1 or created is
cities which do more islands; the composed of 1 or
not contribute to territory need not more islands;
the income of the be contiguous if it territory need not
province comprises 2 or be contiguous if it
more islands comprises 2 or
more islands
Manner of By an Act of By an Act of By an Act of By law or by an
Creation Congress Congress Congress ordinance of the
sangguniang
panlalawigan or
panlungsod; In case of
the creation of
barangays by the
sangguniang
panlalawigan, the
recommendation of
the sangguniang
bayan concerned shall
be necessary

3
For creation of specific LGUs, please check LGC 385-386, 441-442, 449-450, 460-461
POLITICAL LAW REVIEWER Chapter II. CREATION and DISSOLUTION of LGUs

Requirements Province City Municipality Barangay

LGC 460-461 RA 9009 (2001) LGC 441-442 LGC 385-386
By an Act of
Congress, to enhance
the delivery of basic
services in the
indigenous cultural
communities
Plebiscite Approval must be Approval must be Approval must be Approval must be by
(in LGUs by majority of the by majority of the by majority of the majority of the votes
directly votes cast; except votes cast; except votes cast; except cast; plebiscite shall
affected) otherwise otherwise provided otherwise provided be held within such
provided in the in the Act of in the Act of period of time as may
Act of Congress, Congress, the Congress, the be determined by the
the plebiscite plebiscite shall be plebiscite shall be law or ordinance
shall be held held within 120 held within 120 creating said
within 120 days days from days from effectivity barangay.
from effectivity of effectivity of the of the law or
the law or law or ordinance ordinance effecting
ordinance effecting such such action
effecting such action
action 266

LOCAL GOVERNMENT LAW

II. Division and Merger; Abolition
A. Division and Merger
LGC, Sec. 8.
 Division and merger of existing local
government units shall comply with the
same requirements herein prescribed for
their creation:
 Provided, however, That such division
shall not reduce the income, population,
or land area of the local government unit
or units concerned to less than the
minimum requirements prescribed in
this Code:
 Provided, further, That the income
classification of the original local
government unit or units shall not fall
below its current classification prior to
such division.
 The income classification of local
government units shall be updated within six
(6) months from the effectivity of this Code
to reflect the changes in their financial
position resulting from the increased
revenues as provided herein.
Effects of Merger
1. Legal existence of LGU to be annexed is
dissolved
2. Laws and ordinance of the annexing LGU
prevails
3. The right of office in the annexed LGU is
terminated
4. Title to property is acquired by the annexing LGU
5. Debts are assumed by the annexing LGU [Martin,
supra]
Effects of division
1. The legal existence of the original
municipality is extinguished
2. Property, rights and powers are acquired by
the dividing LGUs [Martin, supra]
B. Abolition
LGC, Sec. 9
 A local government unit may be abolished:
 when its income, population, or land
area has been irreversibly reduced to
less than the minimum standards
prescribed for its creation under Book III
of this Code, as certified by the national
agencies mentioned in Section 7 hereof
to Congress or to the sangguniang
concerned, as the case may be.
 The law or ordinance abolishing a local
government unit shall specify the province,
city, municipality, or barangay with which
the local government unit sought to be
abolished will be incorporated or
merged.
When there is no dissolution
1. Non-user or surrender of charter
2. Failure to elect municipal officers
3. Change of sovereignty
4. Change of name
POLITICAL LAW REVIEWER Chapter II. CREATION and DISSOLUTION of LGUs

III. Settlement of Boundary Disputes appeal within one (1) year from the filing
thereof. Pending final resolution of the
(asked in 2005)
disputed area prior to the dispute shall be
LGC, Sec. 118-119 maintained and continued for all legal
 Boundary dispute—when a portion or the purposes.
whole of the territorial area of an LGU is
claimed by two or more LGUs. C. Maintenance of the Status Quo
 Policy: Boundary disputes between or
among LGUs shall, as much as possible, be IRR of LGC, Sec. 18
settled amicably. Pending final resolution of the dispute: status of
the affected area prior to the dispute shall be
maintained and continued for all purposes.
A. Jurisdictional Responsibility for
Settlement of Boundary Dispute  The power of provincial boards to settle
boundary disputes is limited to implementing
LGC, Sec. 118
the law creating a municipality. Thus,
If the LGUs involved Boundary disputes provincial boards do not have the authority
are: shall be referred for to approve agreements which in effect
settlement to: amend the boundary stated in the creating
two (2) or more sangguniang statute [Municipality of Jimenez v. Baz
barangays in the same panlungsod or (1996)]
city or municipality sangguniang bayan
concerned.
 The conduct of plebiscites, to determine 267
whether or not a barangay is to be created,

LOCAL GOVERNMENT LAW

two (2) or more sangguniang should be suspended or cancelled in view of
municipalities within panlalawigan a pending boundary dispute between two
the same province concerned. local governments. Precisely because
territorial jurisdiction is an issue raised in the
municipalities or jointly referred to the pending boundary dispute, until and unless
component cities of sanggunians of the such issue is resolved with finality, to define
different provinces provinces concerned. the territorial jurisdiction of the proposed
barangays would only be an exercise in
a component city or jointly referred for futility. [City of Pasig v. COMELEC(1999)]
municipality on the one settlement to the
hand and a highly respective
urbanized city on the sanggunians of the
other; or two (2) or parties.
more highly urbanized
cities,

 In the event the sanggunian fails to effect an

amicable settlement within sixty (60) days
from the date the dispute was referred
thereto, it shall issue a certification to that
effect.
 Thereafter, the dispute shall be formally tried
by the sanggunian concerned which shall
decide the issue within sixty (60) days from
the date of the certification referred to
above.

B. Appeal
LGC, Sec. 119.
 Within the time and manner prescribed by
the Rules of Court, any party may elevate
the decision of the sanggunian concerned to
the proper Regional Trial Court having
jurisdiction over the area in dispute.
 The Regional Trial Court shall decide the
POLITICAL LAW REVIEWER
Chapter III. General Powers
Attributes of LGUs
I. POWERS IN GENERAL
A. SOURCES
B. CLASSIFICATION
C. EXECUTION OF POWERS
II. POLITICAL AND CORPORATE NATURE OF
LGUs
III. GOVERNMENTAL POWERS
A. GENERAL WELFARE (POLICE POWERS)
B. POWER TO GENERATE REVENUE
(POWER TO TAX)
C. EMINENT DOMAIN
D. BASIC SERVICES AND FACILITIES
E. RECLASSIFICATION OF LANDS
F. CORPORATE POWERS
G. LOCAL LEGISLATIVE POWER
I. Powers in General
A. Sources of Powers of LGUs
 1987 Consti., Sec. 25, Art. II ; Sec. 5-7, Art.
X o Real or personal property
 Statutes, e.g. LGC
 Charter (particularly of cities)
 Doctrine of the right of self-government, but
applies only in States which adhere to the
doctrine
B. Classification of Powers of LGUs
 Express, Implied, Inherent
 Public or Governmental, Private
Proprietary
 Intramural, Extramural
 Mandatory, Directory; Ministerial,
Discretionary
C. Execution of Powers
 Where statute prescribes the manner of
exercise, the procedure must be followed
 Where statute is silent, LGUs have
discretion to select reasonable means and
methods of exercise
II. Political and Corporate Nature of
LGUs
LGC Sec.18
 Local government units shall have the power
and authority to generate and apply
resources
 Establish an organization responsible for
implementation of development plans,
program objectives, and priorities.
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
 Own sources of revenues (Sec.5, Art.X,
and Constitution; Sec.18 LGC) which include:
 Power to create own sources
 Levy taxes, fees and charges
o Shall accrue exclusively for their
own use and disposition
o Limitation: guidelines Congress may
provide
 Just share in national taxes (Sec.6,
Art.X, Constitution; Sec.18 LGC)
o Determined by law
o Automatically and directly released
 Equitable share in utilization and
development of national wealth (Sec.7,
Art.X Constitution; Sec.18 LGC)
o Within respective territorial
jurisdictions
o In the manner provided by law
o Sharing with inhabitants by way of
direct benefits
 Acquire, develop, lease, encumber,
alienate, or otherwise dispose of 268
property (Sec.18 LGC)
LOCAL GOVERNMENT LAW
o Made in a proprietary capacity
 Apply resources and assets (Sec.18
LGC)
o Purpose: productive, development,
or welfare purposes
o In the exercise of their governmental
or proprietary powers and functions
Municipal Corporations
or LGC Sec. 14. Beginning of Corporate Existence
 The election and qualification of
 chief executive AND
 majority of the members of the
Sanggunian
 unless some other time is fixed therefore by
the law or ordinance creating it.
Note: Art.14 applies when the law creating it is
SILENT as to the beginning of its corporate
existence.
LGC Sec. 15. Political and Corporate Nature of Local
Government Units
 Local government unit created or recognized
under this Code is a
 Body politic AND
 Corporate endowed with powers to be
exercised by it in conformity with law
 Exercise of power (as a):
 Political subdivision of the national
government AND
 Corporate entity representing the
inhabitants of its territory
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

Implications 2. Local police shall be organized,

 A municipal corporation performs twin
functions. Firstly, it serves as an
instrumentality of the State in carrying out
the functions of a government. Secondly, it
acts as an agency of the community in the
administration of local affairs. It is in the
latter character that it is a separate entity
acting for its own purposes and not a
subdivision of the state. [Lidasan v
COMELEC (1967)]
 The holding of a town fiesta is a proprietary
function, though not for profit, for which a
rd
municipality is liable for damages to 3
persons ex contractu or ex delicto. [Torio v
Fontanilla (1978)]
Difference Between the Political Nature and
Corporate Nature of LGUs
Political/ Corporate/
Governmental Municipal
Political subdivision of Corporate entity
maintained, supervised and utilized in
accordance with applicable laws.
 Defense and security of regions (Sec.21,
Art.X, Constitution)
o Responsibility of National Government
 General Welfare Clause (Sec.16 LGC)
1. Powers expressly granted
2. Powers necessarily implied
3. Powers necessary, appropriate or
incidental for efficient and effective
governance
4. Powers essential to the promotion of
general welfare
5. Shall ensure and support:
 Preservation and enrichment of
culture
 Promotion of health and safety
 Enhancement of the right of the
people to a balance ecology
 Development of self reliant scientific
and technological capabilities 269
 Improvement of public morals

LOCAL GOVERNMENT LAW

national government representing inhabitants
of its territory  Economic prosperity and social
Includes the legislative, Includes those which justice
judicial, public and are ministerial, private  Promotion of full employment
political and corporate among residents
LGU cannot be held Can be held liable ex  Maintenance of peace and order
liable except: contractu or ex delicto  Preservation of the comfort and
o If statute provides convenience of inhabitants
otherwise
Art.2189, Civil Code Nature
Examples: Examples:  The police power of a municipal corporation
 Regulations against  Municipal waterworks extends to all the great public needs, and, in
fire, disease  Slaughterhouses a broad sense includes all legislation and
 Preservation of public  Markets almost every function of the municipal
peace  Stables government. Public purpose is not
 Maintenance of  Bathing unconstitutional merely because it
municipal plaza establishments incidentally benefits a limited number of
 Establishment of  Wharves persons. The drift is towards social welfare
schools, post offices,  Fisheries legislation geared towards state policies to
etc.  Maintenance of parks, provide adequate social services, the
golf courses, promotion of general welfare and social
cemeteries, airports justice [Binay v Domingo (1991)]
III. Governmental Powers
 To constitute “public use”:
 The public in general should have equal
A. General Welfare or common rights to use the land or
LGC Sec.16 facility involved on the same terms
 The number of users is not the yardstick
This includes: Police Power, Abatement of in determining whether property is
Nuisance and Closure of Roads properly reserved for public use or
1. Police Power public benefit [Republic v. Gonzales]

 Preservation of peace and order within 2 Branches of the GWC

respective regions (Sec.21, Art. X,  The General Welfare Clause has 2
Constitution) branches:
1. Responsibilities of local police agencies (1) the general legislative power which
authorizes municipal councils to enact
POLITICAL LAW REVIEWER
ordinances and make regulations not
repugnant to law as may be necessary
to carry into effect and discharge the
powers and duties conferred upon it by
law;
(2) the police power, which authorizes the
municipality to enact ordinances as may
be proper and necessary for the health
and safety, prosperity, morals, peace,
good order, comfort and convenience of
the municipality and its inhabitants, and
for the protection of their property.
 Here, the ordinances imposing the licenses
and permits for any business
establishments, for purposes of regulation
enacted by the municipal council of Makati,
st
falls under the 1 branch. [Rural Bank of
Makati, Inc v Municipality of Makati (2004)]
2. Limitations
1. The General Welfare Clause cannot be used
to justify an act that is not specifically
authorized by law.
2. Powers of the LGUs under the general
welfare clause (LGC Sec.16)
 Powers expressly granted to the LGU
 Power necessarily implied therefrom
 Powers necessary, appropriate, or
incidental for its efficient and effective
governance
3. For ordinance to be valid exercise of police
power [Tatel v. Mun. of Virac (1992)]:
1. Not contrary to the Constitution
and/or statute
2. Not unfair or oppressive
3. Must not be partial or discriminatory
4. Not prohibit but may regulate trade
5. General and consistent with public
policy
6. Not unreasonable
Illustrations: Police Power Applies
 A municipal ordinance prescribing the
zonification and classification of
merchandise and foodstuff sold in the public
market [Eboňa v Municipality of Daet (1950)]
 A proclamation reserving parcels of the
public domain for street widening and
parking space purposes [Republic v
Gonzales]
 Condemnation and demolition of buildings
found to be in a dangerous or ruinous
condition within the authority provided for by
municipal ordinances [Chua Huat vs CA
(1991)]
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
 Regulation and operation of tricycles-for-hire
and to grant franchises for the operation
thereof. However, this power is still subject
to the guidelines prescribed by the DOTC.
Moreover, the newly delegated powers
pertain to the franchising and regulatory
powers therefore exercised by the LTFRB.
[LTO vs City of Butuan (2000)]
 The declaration of an area as a commercial
zone through a municipal ordinance.
Corollary thereto, the state may interfere
with personal liberty with property, business,
and occupations. [Patalinhug vs CA (1994)]
 Demolition of stalls causing traffic and
deteriorated sanitation [Villanueva vs
Castaneda (1987)]
 Deny an application for permit or avoid the
injury to the health of residents. [Technology
Developers vs CA (1991)] 270
LOCAL GOVERNMENT LAW
 Provide for burial assistance to the poor.
[Binay vs Domingo, supra]
 Abatement of a public nuisance because
stored inflammable materials created a
danger to the people within the
neighbourhood [Tatel vs Mun. of Virac
(1992)]
 Rescind contracts [Tamin vs CA (1994)]
 Enforcement of fishery laws in municipal
waters including the conservation of
mangroves. [Tano vs Socrates (1997)]
Illustrations: Police Power Does Not Apply
 The LGU has no power to prohibit the
operation of night clubs, a lawful trade or
pursuit of occupation. It may only regulate.
[De La Cruz vs Paras (1983)]
 “Anxiety, uncertainty and restiveness”
among stallholders and traders cannot be a
ground to revoke the mayor’s permit. The
General Welfare claim is too amorphous.
[Greater Balanga vs Mun. of Balanga
(1994)]
 Butuan city board passes an ordinance
requiring that the sale of tickets to movies,
exhibitions or other performances to children
between 7-12 years of age should be at half
price. The said ordinance was declared
void. The theater operators are merely
conducting their legitimate business.
POLITICAL LAW REVIEWER
There is nothing immoral or injurious in
charging the same price for both children
and adults. In fact, no person is under
compulsion to purchase a ticket. [Balacuit v
CFI (1988)]
 The power of the municipal government to
issue fishing privileges is only for revenue
purposes. BUT the power of the LLDA to
grant permits is for the purpose of effectively
regulating and monitoring activities in the
lake region and is in the nature of police
power. [Laguna Lake Development Authority
v. CA (1995)]
3. Abatement of Nuisance
LGC sec.447 and 458
Sangguniang Bayan and Sangguniang
Panlungsod have:
 Power to regulate activities relative to the
use of land, buildings and structures within
their jurisdiction
 To promote the general welfare and
 For said purpose declare, prevent or
abate any nuisance
Coverage
 Respondents cannot seek cover under the
General Welfare Clause authorizing the
abatement of nuisances without judicial
proceedings. That tenet applies to a
nuisance per se, or one which affects the
immediate safety of persons and property
and may be summarily abated under the
undefined law of necessity [Monteverde v
Generoso (1928)].
NOTES:
The provisions of the Code DO NOT make a
distinction between nuisance per se and
nuisance per acccidens, thus creating a
presumption that LGUs can abate all kinds of
nuisances without need of a judicial order.
However, the jurisprudence holds that LGUs
can abate extrajudicially only nuisances per
se.
4. Closure of Roads
LGC Sec.21
 What roads are subject, those within
jurisdiction of LGU
 Local road
 Alley
 Park
 Square
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
 Permanently close or open
 Ordinance: Vote of at least 2/3 of all
members of the Sanggunian
 When necessary, an adequate
substitute for the public facility should be
provided
 Make provision for public safety
 If permanently withdrawn from public
use
 May be used or conveyed for any
purpose for which other real property
belonging in LGU may be lawfully used
or conveyed
 Freedom park: must have provision for
relocation to new site
 Temporary close or open
 Ordinance
 May be done:
 During actual emergency
 Fiesta celebrations
 Public rallies 271
 Agricultural or industrial fairs
LOCAL GOVERNMENT LAW
 Undertaking of public works and
highways, telecommunications, and
waterworks projects
 Duration specified in written order by
local chief executive
 If for athletic, cultural, or civic activities:
must be officially sponsored,
recognized, or approved by LGU.
 Temporary closure and regulation of any
local street, road, thoroughfare, or any other
public place
 By any city, municipality, or barangay
 Where shopping malls, Sunday, flea or
night markets, or shopping areas may
be established
 Where goods, merchandise, foodstuffs,
commodities, or articles of commerce
may be sold
Illustrations
 A public street is property for public use
hence, outside the commerce of man. It may
not be the subject of lease or other contract.
Such leases are null and void for being
contrary to law. The right of the public to use
the city street may not be bargained away
through contract. The authorization given for
the use of the city street as a vending area
for stallholders who were granted licenses
by the City Government contravenes the
general law that reserves city streets and
roads for public use. It may not infringe upon
the vested right of the public to use city
streets for the purpose they were intended
to serve. [Dacanay vs Asistio (1992)]
POLITICAL LAW REVIEWER
 The provincial council has the authority to
determine whether or not a certain property
(in this case a provincial road) is still
necessary for public use [Cabrera vs CA
(1991)]
 The power of the LGU to enact zoning
ordinances for the general welfare prevails
over the deed of restrictions. [Sangalang vs
IAC(1989)]
 The closure of roads under police power is
not eminent domain. No grant of damages
are awarded. [Cabrera vs CA (1991)]
 Effect: The determination of the location of
the camino vecinal through an ordinance will
defeat the testimonies of witnesses as to the
location of said passageway. [Pilapil vs CA
(1992)]
 The MMDA does not have police power, but
the LGUs do. There should have been an
ordinance by the LGU to effect an opening
of roads. [MMDA vs Bel Air (2000)]
B. Power to Generate Revenue
LGC Sec.18
Sources of LGU funds: (O-TIU)
1. Own sources of revenues
2. Taxes, fees and charges: which shall accrue
exclusively for their use and disposition and
which shall be retained by them
3. Just share in national taxes which shall be
automatically and directly released to them
without need for any further action (Internal
Revenue Allotments)
4. Equitable share in the proceeds from the
utilization and development of the national
wealth and resources within their respective
territorial jurisdictions including sharing the
same with the inhabitants by way of direct
benefits
Fundamental principles governing the exercise
of the taxing and other revenue-raising powers
of LGUs LGC Sec 130
(PE-PUB)
1. Taxation shall be uniform in each LGU;
2. Taxes, fees, charges and other impositions
shall be equitable and based as far as
practicable on the taxpayer’s ability to
pay; levied and collected only for public
purposes; not unjust, excessive,
oppressive, or confiscatory; not contrary
to law, public policy, national economic
policy, or in restraint of trade;
3. The collection of local taxes, fees, charges
and other imposition shall in no case be left
to any private person;
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
4. The revenue shall inure solely to the
benefit of, and be subject to disposition
by, the LGU, unless otherwise specifically
provided herein; and
5. Each LGU shall, as far as practicable,
evolve a progressive system of taxation.
Common Limitations on the Taxing Powers of
LGUs Sec 133. LGC
1. Income tax (except when levied on banks
and financial institutions)
2. Documentary stamp tax
3. Estate tax
4. Customs duties, registration fees of vessels
and all other kinds of customs fees and
charges
5. Taxes, fees and charges and other
impositions upon goods carried in or out of,
or passing through, the territorial jurisdiction
of local government units in the guise of
charges for wharfage, tolls for bridges or
otherwise, or other taxes, fees or charges in 272
any form whatsoever upon such goods or
LOCAL GOVERNMENT LAW
merchandise
6. Taxes, fees or charges on agricultural and
aquatic products when sold by marginal
farmers or fishermen
7. Taxes on business enterprises certified by
the BOI as pioneer or non-pioneer for a
period of 6 and 4 years, respectively, from
date of registration
8. Excise taxes
9. Percentage taxes or VAT
10. Taxes on the gross receipts of transportation
contractors and persons engaged in the
transportation of passengers or freight, and
common carriers
11. Taxes on premiums paid by way of
reinsurance or retrocession
12. Taxes, fees, charges for the registration of
motor vehicles and for the issuance of all
kinds of licenses or permits for the driving
thereof, except tricycles
13. Taxes, fees, or other charges in Phil.
products actually exported, except as
otherwise provided therein
14. Taxes, fees or charges, on Countryside and
Barangay Enterprises and cooperatives duly
registered under RA 6810 and the
Cooperative Code
15. Taxes, fees, or charges of any kind on the
National Government, its agencies and
instrumentalities
POLITICAL LAW REVIEWER
Fundamental principles governing the financial
affairs, transactions and operations of LGUs
LGC sec 305
1. No money shall be paid out of the local
treasury except in pursuance of an
appropriations ordinance or law;
2. Local government funds and monies shall
be spent solely for public purposes;
3. Local revenue is generated only from
sources expressly authorized by law or
ordinance, and collection thereof shall at all
times be acknowledged properly;
4. All monies officially received by a local
government officer in any capacity or on any
occasion shall be accounted for as local
funds, unless otherwise provided by law;
5. Trust funds in the local treasury shall not be
paid out except in fulfillment of the purpose
for which the trust was created or the funds
received;
6. Every officer of the LGU whose duties
permit or require the possession or custody
of local funds shall be properly bonded, and
such officer shall be accountable and
responsible for said funds and for the
safekeeping thereof in conformity with the
provisions of law;
7. Local governments shall formulate sound
financial plans, and the local budgets shall
be based on functions, activities, and
projects, in terms of expected results;
8. Local budgets shall operationalize approved
local development plans;
9. LGUs shall ensure that their respective
budgets incorporate the requirements of
their component units and provide for
equitable allocation of resources among
these component units;
10. National planning shall be based on local
planning to ensure that the needs and
aspirations of the people as articulated by
the local government units in their respective
local development plans are considered in
the formulation of budgets of national line
agencies or offices;
11. Fiscal responsibility shall be shared by all
those exercising authority over the financial
affairs, transactions, and operations of the
local government units; and
12. The LGU shall endeavor to have a balanced
budget in each fiscal year of operation
Cases
 Sec 234 withdrew all exemptions from real
property taxes, even GOCCs when the
beneficial use of the property has been
granted to a taxable person for
consideration or otherwise. MCIAA is a
GOCC and an instrumentality, therefore,
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
RPT exemption granted under its charter is
withdrawn [MCIAA vs Marcos (1997)]
 Tax exemption of property owned by the
Republic refers to properties owned by the
Government and by its agencies which do
not have separate and distinct personalities
(unincorporated entities). The properties of
NDC belong to the Government. [NDC vs
Cebu, (1992)]
 LGUs, in addition to administrative
autonomy, also enjoy fiscal autonomy. LGUs
have the power to create their own sources
and revenue, in addition to their equitable
share in the national taxes as well as the
power to allocate resources in accordance
with their own priorities. A basic feature of
local fiscal autonomy is the automatic
release of the shares of the LGUs in the
national internal revenue. This is mandated
by no less than the constitution. Any
retention is prohibited. [Pimentel v Aguirre
(2000)] 273
LOCAL GOVERNMENT LAW
C. Eminent Domain
LGC Sec.19
Eminent Domain -- It is the ultimate right of the
sovereign power to appropriate not only public
but private property of citizens within the
territorial sovereignty to public purpose [Charles
River Bridge vs. Warren Bridge, (1837)]
Requisites for a Valid Exercise of Eminent
Domain (COP-JO)
a. Through the Chief Executive of LGU
b. Acting pursuant to an ordinance
c. For the purposes of:
 Public use or welfare
 For the benefit or the poor and the
landless
d. Payment of just compensation
 Amount determined by proper court
 Based on fair market value at the time of
the taking
e. Valid and definite offer made
Right by the State to immediately take
possession:
 Upon filing of expropriation proceedings
 Upon deposit with proper court of at least
15% of the fair market value of the property
Article 35 IRR of LGC
 Offer to buy private property for public use
or purpose shall be in WRITING. It shall
specify the property sought to be acquired,
the reasons for the acquisition, and the price
offered.
POLITICAL LAW REVIEWER
 If the owner’s accept the offer in its entirety,
a contract of sale shall be executed and
payment made
 If the owner/s are willing to sell their property
but at a price higher than that offered to
them, the local chief executive shall call
them to a conference for the purpose of
reaching an agreement on the selling price.
The chairman of the appropriation or finance
committee of the Sanggunian, or in his
absence, any member of the Sanggunian
duly chosen as its representative, shall
participate in the conference. When an
agreement is reached by the parties, a
contract of sale shall be drawn and
executed.
 The contract of sale shall be supported by
the following documents:
 Resolution of the Sanggunian
authorizing the local chief executive to
enter into a contract of sale. The
resolution shall specify the terms and
conditions to be embodied in the
contract.
 Ordinance appropriating the amount
specified in the contract, and
 Certification of the local treasurer as to
availability of funds together with a
statement that such fund shall not be
disturbed or spent for any purpose other
than to pay for the purchase of the
property involved.
Illustrations of Eminent Domain
 There is no need to get DAR approval
before expropriation [Camarines Sur vs CA
(1993)]
 There must be genuine necessity of a public
character. There is no genuine necessity if
another road more ideal is available.
[Meycauyan vs IAC (1988)]
 The ordinance which requires cemeteries to
set aside a portion of their lots to paupers is
not an exercise of police power, but a taking
without compensation. [QC vs Ericta (1983)]
 Eminent domain may be exercised over
easements (property rights), not just lands
or personal property. [NPC vs Jocson
(1992)]
 Necessity does not contemplate the
economic relief of a few families devoid of
any other public advantage [Manila vs
Arellano (1950)]
 Eminent domain requires an ordinance, not
just a resolution. Res judicata does not
apply to expropriation cases [Paranaque vs
VM Realty (1998)]
 Just compensation shall be determined at
the time of taking, NOT at the time of filing
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
complaint Although the general rule in
determining just compensation in eminent
domain is the value of the property as of the
date of filing of the complaint, the rule
admits of an exception: where the SC fixed
the value of the property as of the date it
was taken and not at the date of the
commencement of the expropriation
proceedings. Finally, while sec.4, Rule 67 of
the Rules of Court provides that just
compensation shall be determined at the
time of the filing of the complaint for
expropriation, such law cannot prevail over
the Local Government Code, which is
substantive law. [Cebu vs Apolonio (2002)]
 It is possible that the purpose for
expropriation is changed after such is
granted. [Republic vs CA (2002)]
Immediate Entry by the LGU
Requisites for immediate entry of LGU: 274
1. Filing of complaint for expropriation sufficient
LOCAL GOVERNMENT LAW
in form and substance
2. The deposit of the amount equivalent to
15% of the fair market value of the property
to be expropriated based on the current tax
declaration [Bardilion v Masili (2003)]
 Upon compliance with the requirements
for immediate entry, the issuance of a
writ of possession becomes ministerial.
No hearing is required for the
issuance of the writ. The LGC did not
put a time limit as to when a LGU may
immediately take possession of the
property. As long as the expropriation
proceedings have been commenced
and the deposit made, the LGU cannot
be barred from praying for the issuance
of writ of possession. [City of Iloilo v
Legaspi (2004)]
Socialized Housing
 The UDHA and the Expropriation by the
LGUs i.e. Sec.9 of the Urban Land and
Housing Act, which speaks of PRIORITIES
in acquisition) should be read in connection
with Sec.10 (MODES of acquisition).
 If the land sought to be expropriated is
located in urban areas and fall under the
UDHA, the LGU must allege compliance
with Secs.9 and 10 for their suit to prosper.
Otherwise, it would be premature.
Cases
 Under the Urban Land and Housing Act,
there is a priority in expropriation of which
the properties of the government or any of
its subdivision rank number one and
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

privately owned properties ranked last. Also,
the said act provides that expropriation
should be the last alternative, giving way to
other modes of acquisition like community
mortgage and swapping. Otherwise it would
be deprivation of property. [Filstream
International Inc v CA (1998)]
 The UDHA introduced a limitation on the
size of the land sought to be expropriated for
socialized housing. It exempted “small
property owners”. The elements of small
property owners are: 1. Those owners of
real property which consists of residential
lands with an area of not more than 300
sq.meters in highly urbanized cities (800 in
other urban cities); 2. They do not own real
property other than the same. [City of
Manadaluyong v Aguilar (2001)]

D. Basic Services and Facilities

LGC Sec . 17

Barangay Municipality Province City

Agricultural support Agriculture and fishery Agricultural extension See municipality and
services extension and on-site and on-site research province
research services and services and facilities;
facilities organization of farmers
and fishermen’s
cooperatives 275
Health services Same; health centers Same, including See municipality and

LOCAL GOVERNMENT LAW

and clinics hospitals and tertiary province
health services
Social welfare services Same Same, including rebel See municipality and
returnees and province
evacuees,relief
operations population
development services
General hygiene and Same See municipality and
sanitation province
Solid waste collection Solid waste disposal
system or
environmental
management system
Katarungang N/A N/A N/A
Pambarangay
Maintenance of roads, Road, bridges, Similar to those for See municipality and
bridges and water communal irrigation, municipality province
supply systems artesian wells, drainage,
flood control
Infrastructure facilities Municipal buildings, See municipality and
(e.g. plaza, multi- cultural centers, public province
purpose hall) parks
Information and reading Information services, tax Upgrading and See municipality and
center and marketing modernization of tax province
information systems and information and
public library collection services
Satellite or public Public markets, See municipality and
market slaughterhouses province
Implementation of Enforcement of forestry See municipality and
community-based laws, limited to province
forestry projects community-based
forestry projects,
pollution control law,
small-scale mining law,
mini-hydroelectric
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

Barangay Municipality Province City

projects for local
purposes
School Buildings See municipality and
province
Public cemetery See municipality and
province
Tourism facilities Tourism development See municipality and
and promotion province
programs
Police, fire station, jail Same Same
Industrial research and Same
development services
Low cost housing and Same
other mass dwellings
Investment support Same
services
Inter-municipal Adequate
telecommunication communication and
services transportation facilities.

 By the President
276
E. Reclassification of Lands
 When public interest so requires

LOCAL GOVERNMENT LAW

LGC Sec. 20
 By a City or Municipality
 Through an ordinance passed by
Sanggunian
 After conducting public hearings
 Provide manner of disposition
 Land ceases to be economically
feasible and sound for agricultural
purposes as determined by the
Department of Agriculture
 Land shall have substantially
greater economic value
residential, commercial, or industrial
purposes, as determined by the
Sanggunian
 Limited to the following percentage of
the total agricultural land area at the
time of passage of the ordinance
 For highly urbanized and
independent component cities: 15%
 For component cities and first to the
third class of municipalities: 10%
 For fourth to sixth class
municipalities: 5%
 Limited by RA 6657 or
“Comprehensive Agrarian Reform Law”
 Agricultural lands distributed to
agrarian reform beneficiaries shall
not be affected
 Conversion into other purposes
governed by sec.56 RA6657
 Nothing repealing, amending or
modifying RA6657
 Upon recommendation of the NEDA
 May authorize a city or municipality to
reclassify lands in excess of the limits
 Approval of national agency
 When required, shall not be
unreasonably withheld
 Failure to act: deemed approval
 Within 3 mos. from receipt
 Proper and complete application for
reclassification
for  Comprehensive Land Use Plans
 Enacted through zoning ordinances
 Shall be the primary and dominant
bases for the future use of land
resources
 Factors to consider-requirements for
o Food production
o Human settlements
o Industrial expansion
NOTES:
 Land use conversion: the act or process of
changing the current use of a piece of
agricultural land into some other use as
the
approved by the DAR
 Reclassification: designation of intended
use of land within the territory. The land is
not currently used as agricultural, although it
is classified as such
Requisites for Reclassification of Land:
(PAO)
1. Ordinance passed by Sanguniang Bayan or
Panglungsod after public hearings
conducted for the purpose
POLITICAL LAW REVIEWER
2. Agricultural land must either:
a. cease to be economically feasible
and sound for agricultural purposes as
determined by the Department of
Agriculture, OR
b. have substantially greater economic
value for residential, commercial, or
industrial purposes, as determined by
the Sanggunian concerned
3. Reclassification shall be limited to the
percentages of the total agricultural land
area at the time of the passage of the
ordinance as prescribed by the LGC
Take note however, of:
o LGU need not obtain approval of DAR to
convert or reclassify land from agri to non-
agri [Fortich v Corona (1998)]
o DAR is mandated to approve or disapprove
applications for conversion [Roxas v CA
(1999)]
F. Corporate Powers
LGC Sec 22
 Every LGU, as a corporation has the
following powers: (SC-PCSO)
a. To have continuous succession in its
corporate name
b. To sue and be sued
c. To have and use a corporate seal
d. To acquire and convey real or personal
property
e. To enter into contracts
f. To exercise such other powers as are
granted to corporations
 Limitations: as provided in LGC and
other laws
 Corporate Seal
 LGUs may continue using, modify, or
change their existing corporate seals
 Newly established LGUs or those
without corporate seals
 May create own corporate seals
 Registered with the DILG
 Change of corporate seal shall be
registered with the DILG
 Contract entered into by local chief
executive un behalf of LGU
 Prior authorization by Sanggunian
 Legible copy of contract posted at a
conspicuous place in the
 Provincial capitol or
 City, municipal or barangay hall
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
Cases
 The authority of a municipality to fix and
collect rents for water supplied by its
waterwork system is expressly granted by
law. However, even without these provisions
the authority of the municipality to fix and
collect fees from its waterworks would be
justified from its inherent power to
administer what it owns privately. [NAWASA
v Dator (1967)]
 If the property is owned by the municipality
in its public and governmental capacity, the
property is public and Congress has
absolute control over it; if the property is
owned in its private or proprietary capacity,
then it is patrimonial and Congress has no
absolute control. In which case, the
municipality cannot be deprived of it without
due process and payment of just
compensation. [Province of Zamboanga v
City of Zamboanga (1968)] 277
LOCAL GOVERNMENT LAW
Authority to Negotiate and Secure Grants
LGC Sec.23
 Who may negotiate:
 Local Chief Executive (upon authority of
Sanggunian)
 What are negotiated
 Financial grants or donations in kind in
support of basic services or facilities
 From local and foreign assistance
agencies
 Approval by national agency concerned
 No necessity of securing clearance from
national agency
 IF with national security implications
 Shall be approved by national
agency concerned
 Failure to act on request for
approval within 30 days from
receipt: deemed approved
 Reporting duty: local chief executive shall
report to both Houses of Congress and the
President
 Nature
 Amount
 Terms
 Within 30 days upon signing of grant
agreement or deed of donation
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

G. Local Legislative Power  Parliamentary procedures (including

the conduct of members during
LGC Sec.48-59
sessions)
 Exercised by (Sec.48)  Discipline of members for disorderly
 Sangguniang panlalawigan for the behavior and absences (without
province justifiable cause for 4 consecutive
 Sangguniang panglungsod for the city sessions)
 Sangguniang bayan for the municipality  Penalty: censure, reprimand, or
 Sangguniang barangay for the barangay exclusion from the session,
suspension for not more than 60
 Presided by (Sec.49): days or expulsion
o Suspension or expulsion:
 Vice-governor or vice-mayor or punong
requires concurrence of at least
barangay will vote only in case of a tie
2/3 vote of all Sanggunian
because he is not a member of the
members
Sanggunian. [Perez vs Dela Cruz
o A member convicted by final
(1969)]
judgment to imprisonment of at
least 1 year for any crime
 The incumbent local chief executive
involving moral turpitude shall
acting as the chief executive may not
be automatically expelled from
preside over the sessions of the
the Sanggunian
Sanggunian. Why? To ensure better 278
 Other rules as the
delivery of public services and provide a
Sanggunian may adopt

LOCAL GOVERNMENT LAW

system of checks and balances between
the executive and legislative. [Gamboa  Quorum (Sec.53)
vs Aguirre]  Quorum. Majority of all members of the
Sanggunian who have been elected and
 Inability of the above: members present qualified
and constituting a quorum shall elect  Questions of quorum is raised: the
from among themselves a temporary presiding officer shall immediately
presiding officer proceed to call the roll of the members
and announce the results
 Who shall certify within 10 days from the  No quorum: the presiding officer may
passage of the ordinances enacted and declare a recess until such time as a
resolutions adopted by the sanggunian quorum is constituted
in the session over which he temporarily  OR a majority of the members
presided present may adjourn from day to
day and may compel the immediate
 Internal Rules of Procedure (Sec.50):
attendance of any member absent
 Adopted/update on the 1
st
regular
without justifiable cause by arresting
session following election of its
the absent member and present him
members- within 90 days
at the session
 Provides for:  No business shall be transacted
 Organization of the Sanggunian and
the election of its officers  Sessions (Sec.52)
 Standing Committees  Regular sessions: fixed by resolution on
st
o Creation (Including the 1 day of the session immediately
committees on appropriations, following the election of its members
women and family, human  Minimum numbers of regular
rights, youth and sports sessions: once a week
development, environmental (panlalawigan, panlungsod, bayan)
protection, and cooperatives; and twice a month for the
the general jurisdiction of each Sangguniang Barangay
committee  Special session: may be called by the
o Election of the chairman and local chief executive or by a majority of
members of each committee the members of the Sanggunian-cause:
 Order and calendar of when public interest demands
business for each session  Written notice: served personally at
 Legislative process the member’s usual place of
POLITICAL LAW REVIEWER
residence at least 24 hours before
the session
 Unless otherwise concurred in by
2/3 vote of the Sangguniang
members present, there being a
quorum, no other matters may be
considered except those stated in
the notice
 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 reasons
of secrecy, decency or morality
 No 2 sessions may be held in a single
day
 Journal and record of its proceedings
which may be published upon resolution
of the Sanggunian concerned
How many votes required
 General Rule: Majority of the members
constituting a quorum
 When the enactment itself specifies the
number of votes required, such
requirement will govern over the general
rule specified in the charter or the LGC,
when such enactment is to be amended.
Why? Because the municipal authorities
are in a better position to determine the
votes required. [Casino vs CA (1991)]
 Approval, Veto and Review of Ordinances
 Every ordinance shall be presented to
the governor or mayor, as the case may
be
 Approves: affix his signature on
each and every page
 Disapproves: veto it and return the
same with his objections to the
Sanggunian
o Override: 2/3 vote of all its
members making the ordinance
effective even without the
approval of the local chief
executive concerned
o Veto communicated to the
Sanggunian within 15 days in
the case of a province, and 10
days in the case of a city or a
municipality; otherwise, the
ordinance shall be deemed
approved
 Veto (Sec.55): local chief executive may
veto any ordinance on the ground that it
is ultravires or prejudicial to the public
welfare, stating his reasons for writing
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
 Veto an ordinance or resolution only
once
 Local chief executive (except the
punong barangay) power to veto
any particular item or items
o An appropriations ordinance
o Ordinance or resolution
adopting a local development
plan and public investment
program
o Ordinance directing the
payment of money or creating
liability
o (where the veto shall not affect
the item or items which are not
subjected to)
 Review of (component) City or
Municipal Ordinances
o Within 3 days after approval, the
secretary shall forward to the
Sangguniang Panlalawigan for
review, copies of approved 279
ordinances and the resolutions
LOCAL GOVERNMENT LAW
approving the local development
plans and public investment
programs formulated by the
local development councils
o Within 30 days after the receipt
of copies, the Sangguniang
Panlalawigan shall examine the
documents or transmit them to
the provincial attorney, or if
there be none, to the provincial
prosecutor for examination.
Provincial attorney or prosecutor
shall: within 10 days from
receipt, inform the Sanggunian
in writing of his comments or
recommendations
 Finding: beyond the power
conferred, it shall declare such
ordinance or resolution invalid in
whole or in part--action entered in
the minutes and shall advise the
corresponding city or municipal
authorities of the action—(sec 58).
Any attempt to enforce any
ordinance or any resolution
approving the local development
plan and public investment program,
after the disapproval, shall be
sufficient ground for the suspension
or dismissal of the official or
employee
o No action within 30 days after
submission: presumed
consistent with the law and valid
 Ordinance enacted by the Sangguniang
barangay shall upon approval by the
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

majority of all its members, be signed by o No action for 30 days from receipt:
the punong barangay ordinance shall be deemed
 Review by Sangguniang Panglungsod approved
or Bayan o Finding: inconsistent with law or city
o Within 10 days after its enactment, or municipal ordinances—the
the sangguniang barangay shall sanggunian shall, within 30 days
furnish copies to from receipt, return the same with its
o The sangguniang panglungsod or comments and recommendations to
sangguniang bayan concerned for the sangguniang barangay for
review as to whether the ordinance adjustment, amendment, or
is consistent with law and city or modification
municipal ordinances  Effectivity: suspended until such time as
the revision called for is effected
Summary of Review of Ordinances

Component City or Municipality Barangay Ordinances

Ordinances and Resolutions
Reviewed by Sangguniang panlalawigan Sangguniang panglungsod or
sangguniang bayan
Furnish copies of 3 days after approval of ordinance or 10 days after enactment of ALL
ordinances or resolution resolution approving the local ordinances 280
within development plans and public

LOCAL GOVERNMENT LAW

investment programs formulated by the
local development councils

Period to examine 30 days after receipt of copies, after
documents which the ordinance or resolution is
presumed valid if no action is taken.
Within 30 days, it may also be
transmitted to the provincial attorney or
prosecutor for examination; said atty. or
prosecutor shall give his written
recommendations within 10 days from
receipt of document
Ground to invalidate Ordinance or resolution is beyond the
ordinance or resolution power conferred upon the Sanggunian
concerned
30 days after receipt of copies,
after which ordinance is
presumed valid if no action is
taken
Ordinance is inconsistent with
law and city or municipal
ordinances
In such case, the sangguniang
barangay may adjust, amend or
modify the ordinance within 30
days from receipt from the
sangguniang panglungsod or
sangguninang bayan
POLITICAL LAW REVIEWER
 Effectivity of Ordinances or Resolutions Sec
59
 General rule: the same shall take effect
after 10 days from the date a copy is posted
 Exception: unless otherwise stated in
the ordinance or the resolution
approving the local development and
public investment program
 Ordinances with penal sanctions: gist
shall be published in a newspaper of
general circulation within the province
where the local legislative body
concerned belongs
 Absence of any newspaper: posting
shall be made in all municipalities and
cities of the province where the
sanggunian of origin is situated.
 Highly urbanized and independent
component cities: the main features of
the ordinance or resolution in addition to
being posted, shall be published in a
local newspaper of general circulation
within the city
 Absence of local newspaper: any
newspaper of general circulation
 Full disclosure of Financial and Business
Interests of Sanggunian Members
* Conflict of interest
Sec 50
 Upon assumption of office, make a full
disclosure of:
 His business and financial interests
 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 which relationship may
result in conflict of interest including:
 Ownership of stock or capital, or
investment, in the entity or firm to
which the ordinance or resolution
may apply
 Contracts or agreements with any
person or entity which the ordinance
or resolution under consideration
may affect conflict of interest.
TEST: 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 considerations that
may tend to affect his judgment to the prejudice
of the service or the public
Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
Cases
The LGC does not mandate that no other
business may be transacted on the first regular
session except to take up the matter of adopting
or updating rules. All that the law requires is that
“on the 1” regular session…the sanggunian
concerned shall adopt or update its existing
rules or procedures”. Until the completion of the
adopted or updated rules, the rules of the
previous year may be used. [Malonzo v Zamora
(1999)]
 Disclosure shall be made in writing and
submitted to the secretary of the sanggunian
 Form part of the record of the proceedings
and shall be made in the following manner:
 Made before the member participates in
the deliberations on the ordinance or
resolution under consideration
o If the member did not participate
during the deliberations, the
disclosure shall be made before 281
voting on the ordinance or resolution
LOCAL GOVERNMENT LAW
on second and third readings
o Made when a member takes a
position or makes a privilege speech
on a matter that may affect the
business interest, financial
connections, or professional
relationship
 Updated rules, the rules of the previous year
may be used.
 The signature of the mayor is not a
mere ministerial act, but involves the
exercise of discretion on the part of the
local chief executive. [Delos Reyes v
Sandiganbayan (1997)]
Incidents of Law-Making (Legislative) Power:
 Posting and Publication of:
 Tax ordinances and Revenue measures
Sec188
 Within 10 days after approval
 Certified true copies of all provincial,
city, or municipal tax ordinances or
revenue measures
 Published in full for 3 consecutive
days
 In a newspaper of local circulation
 Where no such newspaper:
posted in at least 2 conspicuous
and publicly accessible places
 Ordinance with penal sanctions Sec 511
 At prominent places in the provincial
capitol, city, municipal or barangay
hall
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs

 Minimum period: 3 consecutive

weeks
 Publication
 In a newspaper of a general
circulation
 Within territorial jurisdiction
 Except: barangay ordinances
 Effectivity: unless otherwise
provided on the day following its
publication or at the end of period of
posting, whichever is later
 Violation by public officer or
employee
o May be meted administrative
disciplinary action
o Without prejudice to filing of
appropriate civil or criminal
action
 Duty of Secretary of Sanggunian:
o Shall transmit official copies to
the chief executive of Official
Gazette 282
o Within 7 days following approval

LOCAL GOVERNMENT LAW

of ordinance
o Purpose for publication
o If with penal sanction: for
archival and reference purposes
Judicial Intervention
Rules of Court, Rule 63, Sec.4
 Actions involving the validity of a local
government ordinance:
 Prosecutor or attorney of the LGU
involved shall be notified and entitled to
be heard;
 Alleged to be unconstitutional: Solicitor
General shall also be notified and
entitled to be heard.

The failure of the SolGen to appear in the lower

court to defend the constitutionality of an
ordinance is not fatal to the case. The
determination of the question of WON the
SolGen should be required to appear “in any
action involving the validity of any treaty,
law, executive order, rule or regulation” is a
matter left to the discretion of the Court.
Inasmuch as the said requirement is not
mandatory, but discretionary, noncompliance
therewith affected neither the jurisdiction of the
trial court nor the validity of the proceedings.
[Homeowner’s Association of the Phil. Inc. v
Municipal Board of Manila (1968)]
POLITICAL LAW REVIEWER
Chapter IV. Local Initiative and
Referendum
A. DEFINITION
B. REQUIREMENTS
C. PROCEDURE
D. EFFECTIVITY OF LOCAL PROPOSITIONS
E. LIMITATIONS ON INITIATIVES
F. LIMITATIONS UPON LOCAL LEGISLATIVE
BODIES
A. Definition
NOTE:
Garcia v COMELEC (1994): Both a resolution
and an ordinance may be the proper subjects
of an initiative or a referendum
(Based on LGC Sec. 120-127 and RA 6735:
AN ACT PROVIDING FOR A SYSTEM OF
INITIATIVE AND REFERENDUM)
 Initiative: legal process whereby the
registered voters of a LGU may directly
propose, enact, or amend any ordinance
 Referendum: legal process whereby the
registered voters of the LGUs may approve,
amend or reject any ordinance enacted by
the sanggunian.
 Who may exercise — all registered voters
of the provinces, cities, municipalities and
barangays
B. Requirements
a. Referendum or initiative affecting a
resolution or ordinance passed by the
legislative assembly of a province or city:
o petition must be signed by at least 10%
of the registered voters in the province
or city,
o of which every legislative district must
be represented by at least 3% of the
registered voters therein;
o Provided, however, that if the province
or city is composed only of 1 legislative
district, then at least each municipality in
a province or each barangay in a city
should be represented by at least 3% of
the registered voters therein.
b. Referendum or initiative on an ordinance
passed in a municipality: petition must be
signed by at least 10% of the registered
voters in the municipality, of which every
barangay is represented by at least 3% of
the registered voters therein
Chapter IV. LOCAL INITIATIVE and REFERENDUM
c. Referendum or initiative on a barangay
resolution or ordinance: must be signed
by at least 10% of the registered voters in
said barangay
C. Procedure
a. Not less than 1,000 registered voters in case
of provinces and cities, 100 in case of
municipalities, and 50 in case of barangays,
may file a petition with the local legislative
body, respectively, proposing the adoption,
enactment, repeal, or amendment, of any
law, ordinance or resolution
b. If no favorable action thereon is made by
local legislative body within 30 days from its
presentation, the proponents through their
duly authorized and registered
representative may invoke their power of
initiative, giving notice thereof to the local
legislative body concerned 283
c. 2 or more propositions may be submitted in
LOCAL GOVERNMENT LAW
an initiative
d. Proponents shall have 90 days in case of
provinces and cities, 60 days in case of
municipalities, and 30 days in case of
barangays, from notice mentioned in
subsection (b) hereof to collect the required
number of signatures
e. The petition shall be signed before the
Election Registrar, or his designated
representative, in the presence of a
representative of the proponent, and a
representative of the regional assemblies
and local legislative bodies concerned in a
public place in the LGU
f. If the required number of signatures are
obtained, the COMELEC shall then set a
date for the initiative for approval of the
proposition within 60 days from the date of
certification by the COMELEC in case of
provinces and cities, 45 days in case of
municipalities, and 30 days in case of
barangays
D. Effectivity of Local Propositions
If the proposition is approved by a majority of the
votes cast, it shall take effect 15 days after
certification by the COMELEC
E. Limitations on Initiatives
a. The power of local initiative shall not be
exercised more than once a year.
POLITICAL LAW REVIEWER Chapter IV. LOCAL INITIATIVE and REFERENDUM

b. Initiative shall extend only to subjects or Cases

matters which are within the legal powers of
the local legislative bodies to enact.
c. If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled. However, those against such
action may, if they so desire, apply for
initiative in the manner herein provided.
F. Limitations Upon Local Legislative
Bodies
Any proposition or ordinance or resolution
approved through the system of initiative and
referendum as herein provided shall:
a. not be repealed, modified or amended, by
the local legislative body concerned within 6
months from the date therefrom, and
b. may be amended, modified or repealed by
the local legislative body within 3 years by a
vote of 3/4 of all its members:
 A resolution may be the subject of an
initiative or referendum. [Garcia vs
COMELEC (1994)]
 Initiative: power of the people to propose
bills and laws, and to enact or reject them at
the polls independent of the legislative
assembly.
 Referendum is the right reserved to the
people to adopt or reject any act or measure
which has been passed by a legislative body
and which in most cases would without
action on the part of electors become law.
 These law-making powers belong to the
people and the COMELEC only exercises
administration and supervision of the
process. Hence, COMELEC cannot control
or change the substance or the content of
the legislation.
 COMELEC should have prepared for an
initiative, not a referendum. [SBMA v.
COMELEC (1996)] 284

LOCAL GOVERNMENT LAW

c. Provided, however, that in case of
barangays, the period shall be 18 months
after the approval.

 Local Referendum — Any local legislative

body may submit to the registered voters of
autonomous region, provinces, cities,
municipalities and barangays for the
approval or rejection, any ordinance or
resolution duly enacted or approved.

 Courts are not precluded from declaring null

and void any proposition approved for
violation of the Constitution or want of
capacity of the local legislative body to enact
the said measure.
POLITICAL LAW REVIEWER Chapter V. MUNICIPAL LIABILITY

if the function involved is

Chapter V. Municipal Liability
(asked in 1994)
A. SPECIFIC PROVISIONS MAKING LGUS
LIABLE
B. LIABILITY FOR TORTS, VIOLATION OF THE
LAW AND CONTRACTS
C. PERSONAL LIABILITY OF PUBLIC OFFICIAL
A. Specific Provisions making LGUs
Liable
LGC, Sec. 24
LGUs and their officials are not exempt from
liability for death or injury to persons or damage
to property.
Civil Code, Art. 34
When a member of a city or municipal police
force refuses or fails to render aid or protection
to any person in case of danger to life or
property, such peace officer shall be primarily
liable for damages, and the city or municipality
a corporate function.
RATIO: because this
defense is available only
to private employers.
WHEN LGU IS NOT LIABLE
If damage resulted from an act of LGU in the
performance of governmental functions
Illustrations
1. On Contract
RULE: The LGU is liable only for contracts that
are intra vires.
 The Doctrine of Implied Municipal Liability
provides that an LGU may become obligated
upon an implied contract to pay reasonable
value of the benefits accepted by it as to
which it has the general power to contract
[Cebu vs IAC (147 S 447)]
 BUT the LGU may not be estopped in order
to validate a contract which the LGU is not
authorized to make EVEN IF it has accepted
the benefits thereunder [San Diego vs Mun. 285
Of Naujan (107 P 112)]

LOCAL GOVERNMENT LAW

shall be subsidiarily responsible therefor.  A private individual who deals with a LGU is
imputed with constructive knowledge of the
Civil Code, Art. 2180, par. 6 extent of the power or authority of the LGU
The obligation imposed by Article 2176 is to enter into contracts. Thus, ordinarily, the
demandable not only for one’s own acts or doctrine of estoppel does not lie against the
omissions, but also for those of persons for LGU.
whom one is responsible. X X X The State is
responsible in like manner when it acts through 2. On Tort
a special agent; but not when the damage has  If in the performance of a governmental
been caused by the official to whom the task function, the LGU is NOT liable
done properly pertains, in which case what is o The prosecution of crimes, even if injury
provided in Article 2176 shall be applicable. occurs [Palafox vs Ilocos Norte (1958)]
Civil Code, Art. 2189  If in the performance of a proprietary
function, the LGU is liable
Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries o The improper grant of a ferry service
franchise [Mendoza vs de Leon (1916)]
suffered by, any person by reason of the
o NOTE: Municipal corporations’ liability to
defective condition of roads, streets, bridges,
private persons for the wrongful
public buildings, and other public works under
exercise of the corporate powers is the
their control or supervision.
same as that of a private corporation or
individual [Mendoza vs de Leon (1916)]
B. Liability for Torts, Violation of the o Deaths caused by a collapsed stage in a
Law and Contracts town fiesta [Torio vs Fontanilla (1978)]
o Back pay or wages of employees
WHEN LGU IS LIABLE illegally dismissed, including those
CASE DEFENSE involving primary governmental
(1) If the LGU fails to Exercise of due diligence functions (eg policemen) [Guillergan v
perform a governmental in the selection and Ganzon (1966)]
function supervision is not a
(e.g., maintenance of defense.
3. By Express Provision of Law
roads under CC Art.
2189, rendering aid and  Article 2189, CC
protection under CC Art. o When a person falls in an open manhole
34) in the city streets [Manila vs Teotico
(2) If engaged in Defense of due diligence (198)]
proprietary functions, in the selection and
supervision available only
POLITICAL LAW REVIEWER Chapter V. MUNICIPAL LIABILITY

o When a person steps on a rusted nail in
a flooded public market [Jimenez vs
Manila (150 S 510)]
o When accidents are caused by defective
roads even if the road does not belong
to the LGU as long as it exercises
control or supervision over said road
[Guilatco vs Dagupan (171 S 382)]
o Damages suffered through accidents in
national roads under the control and
supervision of an LGU (cause is unsafe
road conditions, especially when there is
gross negligence [Municipality of San
Juan v. CA (2005)]
o Also exemplary damages may be
granted when public officials acted with
gross negligence [Quezon City v
Dacana (2005)]
 Article 2180, CC
o When the State acts through a special
agent [Merritt vs Government (34 P
311)]
o The Mayor pays for the back salaries of
an illegally dismissed employee
[Nemenzo vs Sabillano (25 S 1)]
o The Governor pays for moral damages
for refusing the reinstatement of an
employee [San Luis vs CA (1989]
 A public officer, whether judicial, quasi-
judicial or executive, is not personally liable
to one injured in consequence of an act
performed within the scope of his official
authority, and in line of his official duty.
[Tuzon v. CA (1992)]
 The holding of a town fiesta is a proprietary
function, though not for profit, for which a
municipality is liable for damages to 3rd
persons ex contractu or ex delicto.;
o that under the principle of respondeat
superior the principal is liable for the
negligence of its agents acting within the
scope of their assigned tasks; and 286
o that the municipal councilors have a

LOCAL GOVERNMENT LAW

4. On Violation of Law
 When the Mayor refused to abide by a TRO
issued by the court, he may be held in
contempt [Moday v CA (1997)]
 When the LGU does not pay the statutory
minimum wage (mandated by law) even if
there is lack of funds [Racho vs Ilagan,
Isabela (198)]
personality distinct and separate from
the municipality, [ Torio v. Fontanilla
(1978)]
Hence, as a rule they are not co-responsible
in an action for damages for tort or negligence
unless they acted in bad faith or have directly
participated in the commission of the wrongful
act.

C. Personal Liability of Public Official

RULE: The public official is personally liable if he
acts beyond the scope of his powers OR if he
acts with bad faith

Illustrations
 Mayor exceeding authority in vetoing a
resolution passed by the Sanggunian [Pilar v
Sangguniang Bayan ng Dasol (1984)]
o [Note that under CC27, a public servant
is personally liable for damages for his
refusal or neglect to perform his official
duty]

 When the officials incorrectly ordered the

construction of a drug rehabilitation center
[Angeles vs CA (21 S 90)]

 When officials illegally dismiss an employee

[Rama vs CA (148 S 49)]

 When the official defies an order of

reinstatement of an illegally dismissed
employee [Correa vs CFI (92 S 312)]
POLITICAL LAW REVIEWER
Chapter VI. Intergovernmental Relations
– National Government and LGUs
I. EXECUTIVE SUPERVISION
II. CONSULTATIONS
III. RELATIONS WITH PNP
IV. OTHER RELATIONS
I. Executive Supervision
A. 1987 Constitution, Art. X, Sec. 2 and 4
Sec. 4. The President of the Philippines shall exercise
general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays
 shall ensure that the acts of their component
units are within the scope of their prescribed
powers and functions.
GENERAL RULE: The President has control of
all executive departments, bureaus and offices.
 Doctrine of Qualified Political Agency. All
executive and administrative departments
are adjuncts of the Executive. The acts of
the secretaries of departments, performed
and promulgated in the regular course of
business are presumptively acts of the Chief
Executive.
EXCEPTION: Local Government Units
 The President has no power of control over
local governments, unlike in executive
offices, departments and bureaus. [Torre vs
Bayot (1974)]
Illustrations
 The constitutional provision limiting the
authority of the President over LGUs to
general Supervision is unqualified. Hence, it
applies to all powers of LGUs, corporate and
political alike [Hebron vs Reyes (1958)]
 The Sec. of Justice cannot entertain any
protest involving the election of the
Federation of Barangays. Otherwise, he will
have control over LG officials. Worse,
ordering a new election is contrary to
supervision [Taule vs Santos (1997)]
 The Pres.’ power of general supervision
extends to the Liga ng mga Barangay.
Hence, the DILG Sec, as an alter ego of the
Pres., may not amend the guidelines
promulgated by the National Liga Board
[Bito-Onon vs Fernandez (2001)]
Chapter VI. INTERGOVERNMENTAL RELATIONS
 The DILG Sec may not be appointed as
interim caretaker to manage and administer
the affairs of the Liga. Such is tantamount to
control [National Liga ng mga Barangay vs
Paredes (2004)]
B. Administrative Code of 1987, Title XII
Chapter I
(as amended by RA 6975)
The Department of the Interior and Local
Government
 DILG has primary role of preserving internal
security (including suppression of
insurgency)
 AFP has primary role in preserving external
security
 Supportive role of PNP
 Upon call of President  upon
recommendation of peace and order 287
council
LOCAL GOVERNMENT LAW
 In areas where there are serious threats
to national security and public order
 insurgents have gained
considerable foothold in the
community thereby necessitating
the employment of bigger tactical
forces and the utilization of higher
caliber armaments and better
armored vehicles
 National Supervision over LGU
 Supervision is exercised:
1. To ensure that acts of local
governments and their component
units are within the scope of their
prescribed powers and functions.
(Sec. 4, Art. X, Constitution; Sec.
25(a) LGC)
2. To ensure that laws are faithfully
executed in autonomous regions.
(Sec. 16, Art. X, Constitution)
General Supervision
 President of the Philippines shall
exercise general supervision over:
 Local governments (Sec.4, Art.
X, Constitution; Sec. 25(a)
LGC)
 Autonomous regions (Sec.16,
Art. X, Constitution)
o Direct supervision over
 Provinces
 Highly urbanized cities
 Independent component cities
o Through the province, with respect
to
POLITICAL LAW REVIEWER
 Component cities
 Municipalities
o Through the city and municipality,
with respect to barangays
National Agencies
 National Agencies (Sec. 25 (b),(c),(d)
LGC)
 With project implementation
functions: ensure participation of
LGUs in planning and
implementation of national projects;
 With field units or branches in an
LGU: furnish the local chief
executive of the LGU concerned
with monthly reports including duly
certified budgetary allocations and
expenditures;
 Upon request of LGU, the President
may direct the appropriate national
agency to provide financial,
technical or other forms of
assistance at no extra cost to the
LGU concerned.
The petitioners are under the impression that the
1987 Constitution has left the President mere
supervisory powers, which supposedly excludes
disciplinary authority and the power of
investigation.
It is a mistaken impression because
supervision is not incompatible with
disciplinary authority, and “investigating” is not
inconsistent with “overseeing” in supervision,
although it is a lesser power than “altering” in
control. The Constitution did not, for the sake of
local autonomy, intend to deprive the legislature
or the President of all authority over municipal
corporations, in particular, concerning
discipline. [Ganzon v. CA (supra)]
Sec. 187 of the LGC authorizes the Secretary of
Justice to review only the Constitutionality or
legality of the tax ordinance and, if warranted, to
revoke it on either or both of these grounds. He
is not permitted to substitute his own
judgment for the judgment of the local
government that enacted the measure. An
officer in control may order the act undone, or
redone, or may even decide to do it himself.
Thus, the act of the DOJ Secretary in declaring
the Manila Revenue Code null and void for non-
compliance with the requirements of the law was
not an act of control but of mere supervision.
[Drilon v. Lim (1994)]
Chapter VI. INTERGOVERNMENTAL RELATIONS
II. Consultations
LGC Sec. 2(c), 26, 27
A. Declaration of Policy
 Policy of the State: require all national
agencies and offices to conduct periodic
consultations (before implementation of any
project or program) with
 appropriate local government units
 nongovernmental and people's
organizations
 other concerned sectors of the
community
B. Maintenance of Ecological Balance
Sec. 26, LGC
 Duty of national agency or government-
owned or controlled corporation
 Involved in planning and implementation 288
of any project
LOCAL GOVERNMENT LAW
 That may cause pollution, climatic
change, depletion of non-renewable
resources, loss of crop land, rangeland,
or forest cover, and extinction of animal
or plant species
 Consultation with LGUs, nongovernmental
organizations, and other sectors concerned
C. Prior Consultation
Sec. 27, LGC
No project or program shall be implemented:
1. Without prior consultation
 with LGUs, non-governmental and
people's organizations, and other
concerned sectors of the community,
conducted by all national agencies and
offices (Sec. 2(c) LGC)
 with LGUs, nongovernmental
organizations, and other sectors
concerned (Sec. 26 LGC)
o conducted by the national agency or
government-owned or -controlled
corporation
o authorized or involved in the
planning and implementation of any
project or program that may cause
- pollution
- climatic change
- depletion of non-renewable
resources
- loss of crop land, rangeland, or
forest cover
- extinction of animal or plant
POLITICAL LAW REVIEWER
species
o Explain the goals and objectives
o Explain its impact upon the people
and the community in terms of
environmental or ecological balance
o Measures that will be undertaken to
prevent or minimize the adverse
effects
2. Without prior approval of sanggunian
concerned
3. Without provision for appropriate relocation
sites for occupants who will be evicted
MEMORANDUM CIRCULAR NO. 521993
 All officers and employees of National
Government agencies and offices, including
GOCCs, to strictly comply with the provisions of
the LGC (and its IRR) on consultation
The provisions on consultation apply only to
national programs and/or projects which are
to be implemented in a particular local
community. Moreover, Sec. 27 of the LGC
should be read in conjunction with Sec. 26 thus,
the projects and programs mentioned in Sec. 27
should be interpreted to mean projects and
programs that may:
o cause pollution
o bring about climactic change
o cause the depletion of non-renewable
resources
o result in the loss of crop land, range-land or
forest cover
o eradicate certain animal or plant species
from the face of the planet; and
o call for the eviction of a particular group of
people residing in the locality where the said
project/program will be implemented [Lina v.
Paňo (2001)]
NOTES:
 It shall be the duty of every national agency
or GOCC authorized or involved in the
planning and implementation of any project
or program that may cause pollution,
climactic change, depletion of non-
renewable resources, loss of crop land,
rangeland or forest cover, extinction of
animal of plant species:
1. To consult with the LGUs, NGOs and
other sectors concerned; and
2. To explain: (a) the goals and objectives of
the project or program (b) its impact upon
the people and the community in terms of
environmental or ecological balance; (c)
the measures that will be undertaken to
prevent or minimize the adverse effects
thereof LGC, Sec. 26
Chapter VI. INTERGOVERNMENTAL RELATIONS
 No project or program shall be implemented
by government authorities unless:
1. the consultations mentioned above are
complied with; and
2. sanggunian concerned gave prior
approval LGC, Sec. 27
 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
Const.
III. Relations with Philippine National
Police
LGC, Sec. 28
 Powers of Local Chief Executives over the
Units of the PNP
 Extent of operational supervision and
control of local chief executives shall be
289
governed by RA6975 (DILG Act-‘ of
1991) and other rules and regulations 
LOCAL GOVERNMENT LAW
over the following:
o police force
o fire protection unit
o jail management personnel
assigned in their respective
jurisdictions
Participation of Local Government
Executives in the Administration of the PNP
RA 8551, Sec. 62-65
 Operational supervision and control: power
to direct, superintend, and oversee the day-
to-day functions of police investigation of
crime, crime prevention activities, and traffic
control
 includes the power to direct the
employment and deployment of units or
elements of the PNP, through the
station commander, to ensure public
safety and effective maintenance of
peace and order within the locality
 City and municipal mayors shall have the
following authority over the PNP units in
their respective jurisdictions:
1) Authority to choose the chief of police
from a list of 5 eligibles recommended
by the provincial police director,
preferably from the same province, city
or municipality
2) Authority to recommend to the provincial
director the transfer, reassignment or
detail of PNP members outside of their
respective city or town residences
3) Authority to recommend from a list of
eligibles previously screened by the
POLITICAL LAW REVIEWER
peace and order council the
appointment of new members of the
PNP to be assigned to their respective
cities or municipalities without which no
such appointments shall be attested
 Control and supervision of anti-gambling
operations shall be within the jurisdiction of
local government executives
 Governors and mayors, upon having been
elected and qualified as such, are
automatically deputized as representatives
of the National Police Commission in their
respective jurisdiction
 As deputized agents of the Commission,
local government executives can inspect
police forces and units, conduct audit,
and exercise other functions as may be
duly authorized by the Commission
 Grounds for suspension or withdrawal of
deputation:
1. frequent unauthorized absences
2. abuse of authority
3. providing material support to criminal
elements
4. engaging in acts inimical to national
security or which negate the
effectiveness of the peace and order
campaign
Cases
 Local executives are only acting as
representatives of NAPOLCOM. Unless
countermanded by NAPOLCOM, their acts
are valid. [Carpio vs Exec Sec (1992)]
 The authority of the mayor to choose the
chief of police is very limited. In reality, he
has no power of appointment; he has only
the limited power of selecting one from
among the list of recommendees. In effect,
the power to appoint the chief of police is
vested in the Regional Director. [Andaya v.
RTC (1999)]
IV. Other Relations
A. Inter-local Relations
Sec 23-33
 The province, through the governor, shall
ensure that every component city and
municipality within its territorial jurisdiction
acts within the scope of its prescribed
powers and functions. Highly urbanized
Chapter VI. INTERGOVERNMENTAL RELATIONS
cities and independent cities shall be
independent of the province.
 The city or municipality, through the city or
municipal mayor, shall exercise general
supervision over component barangays
 Review of Executive Orders:
o Governor—for E.O.s of component
cities and municipal mayors
o City or Municipal Mayor—for E.O.s
of punong barangays.
o Task of reviewing executive: ensure
that the E.O.s are within the powers
granted by law and in conformity
with provincial, city or municipal
ordinances
 The LGU may secure the opinion of the ff (in
proper order):
1. municipal legal officer,
2. provincial legal officer,
3. provincial prosecutor
 LGUs may consolidate their efforts, services
and resources for their common benefit 290
1. Requisite: proper ordinance,
LOCAL GOVERNMENT LAW
through a public hearing for the said
purpose
B. Relations with Non-Governmental
organizations
Sec 34-36
 LGUs shall promote the establishment of
people’s and nongovernmental
organizations
 They may form joint ventures to engage in
the delivery of certain basic services,
capacity building and livelihood projects, etc.
 The LGU may provide assistance (financial
or otherwise) for economic, socially-
oriented, environmental or cultural projects
o Requisites: Action by local chief
executive and concurrence of the
sanggunian; The project is to be
implemented within the territorial
jurisdiction of the LGU
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

of Highly Urbanized Cities

Chapter VII. Local Officials - Mayor or
- Vice-mayor of
I. ELECTIVE LOCAL OFFICIALS independent component 21
A. QUALIFICATIONS cities, component cities,
B. DISQUALIFICATIONS or municipalities
C. MANNER OF ELECTION - Member of the
D. TERM OF OFFICE Sangguniang Panlungsod 18
E. RULES ON SUCCESSION or Sangguniang Bayan
F. RECALL - Punong barangay or
G. DISCIPLINE member of the 18
1. ADMINISTRATIVE ACTION Sangguniang Barangay
2. PENALTIES - Sangguniang Kabataan at least 15 years of
i) SUSPENSION age but not more than
ii) REMOVAL 18 years of age on
3. POWER OF TRIBUNALS election day
4. ADMINISTRATIVE APPEALS (as amended under
5. EFFECT OF RE-ELECTION RA 9164)
II. APPOINTIVE LOCAL OFFICIALS
A. APPOINTMENTS  The COMELEC may not deny due course or
B. DISCIPLINE
cancel a certificate without proper
C. REMOVAL
D. OFFICIALS COMMON TO ALL
proceedings. To receive and acknowledge
receipt of the certificates of candidacy is a
MUNICIPALITIES, CITIES AND 291
PROVINCES ministerial duty of the COMELEC. The

LOCAL GOVERNMENT LAW

III. PROVISIONS APPLICABLE TO ELECTIVE COMELEC does not have discretion to give
AND APPOINTIVE OFFICIALS or not to give due course to the certificate. It
A. PROHIBITED INTERESTS may not look into matters not appearing on
B. PRACTICE OF PROFESSION their face. [Cipriano v. COMELEC (2004)]
C. PROHIBITION AGAINST APPOINTMENT
IV. LOCAL BOARDS AND COUNCILS
Citizenship
A. LOCAL SCHOOL BOARD
B. LOCAL HEALTH BOARD (Asked in 1992)
C. LOCAL DEVELOPMENT COUNCIL  The LGC does not specify any particular
D. LOCAL PEACE AND ORDER COUNCIL date or time when the candidate must
I. Elective Local Officials possess citizenship, unlike the
requirements for residence and age. An
official begins to discharge his functions only
A. Qualifications upon his proclamation and on the day the
LGC Sec. 39 law mandates his term of office to begin.
(Asked in 1992, 2003, 2005) Since Frivaldo reassumed his citizenship on
(ACRRA) the very day the term of office began, he
1. Citizen of the Philippines was therefore already qualified to be
2. Registered voter in the place where s/he proclaimed, to hold office and to discharge
seeks to be elected the functions and responsibilities thereof.
3. Residency, in place where s/he seeks to be  Nevertheless, qualifications for public office
elected, for at least 1 year immediately are continuing requirements which must be
preceding the day of the election possessed at the time of appointment and
4. Able to read and write Filipino or any other during the entire tenure. [Frivaldo v.
local language or dialect COMELEC (1996)]
5. Age requirement:
 A mere application for repatriation does not
Candidate for Minimum Age at amount to automatic reacquisition of Phil.
Election Day Citizenship. Official action by the proper
- Governor authorities is required. [Labo vs Comelec
- Vice-governor (1992)]
- Member of the
Sangguniang Residency
Panlalawigan 23
- Mayor  The residence requirement is rooted in the
- Vice-mayor desire that officials of districts or localities be
- Member of the acquainted with the needs, difficulties, and
Sangguniang Panlungsod other matters vital to the common welfare of
POLITICAL LAW REVIEWER
the constituents. The actual, physical and
personal presence is substantial enough
to show his intention to fulfill the duties
of mayor and for the voters to evaluate
his qualifications for the mayorship. A very
legalistic, academic and technical approach
to the residence requirement does not
satisfy the rationale for the said requirement.
[Torayno v. COMELEC (2000)]
 The term “residence” is to be understood as
referring to “domicile” or legal residence, i.e.,
“the place where a party actually or
constructively has his permanent home,
where he, no matter where he may be found
at any given time, eventually intends to
return and remain (animus manendi).”
 Unlike citizenship, which may be
complied with even on the day the
candidate assumes office, residency
requires that the candidate must have
been a resident of the municipality “for
at least 1 year immediately preceding
the day of the election.” [Coquilla v.
COMELEC (2002)]
Age
 The SK official must not have turned 21
before his election. The petitioner, being 21
years and 11 mos. old when she assumed
office, was over the age limit. [Garvida vs
Sales (1997)]
B. Disqualifications
(Asked in 1986, 1993, 1994, 1999, 2001)
LGC, Sec. 40
 The following persons are disqualified from
running for any elective local position:
FR-ACIDS
1. Sentenced by final judgment for
 an offense involving moral turpitude
or for an offense punishable by 1
year or more of imprisonment, within
2 years after serving sentence
2. Removed from office as a result of an
Administrative case
3. Convicted by final judgment for violating
the oath of allegiance to the Republic
4. With Dual citizenship
5. Fugitives from justice in criminal or non-
political cases here or abroad
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 LGC
Chapter VII. LOCAL OFFICIALS
7. Insane or feeble-minded
Second-Placer Rule
(asked in 2003)
 The ineligibility of a candidate receiving the
majority of votes does not entitle the
eligible candidate receiving the next
highest number of votes to be declared
winner.
 The rule would be different if the electorate,
fully aware of a candidate’s disqualification
so as to bring such awareness within the
realm of notoriety, would nonetheless cast
the votes in favor of the ineligible candidate.
 In such case, the electorate may be said to
have waived the validity and efficacy of their
votes by notoriously applying their
franchises or throwing away their votes in
which case, the eligible candidate obtaining
the next highest number of votes may be
deemed elected. [Labo v. COMELEC
(1992)] 292
LOCAL GOVERNMENT LAW
RA 8295: An Act Providing for the Proclamation
of a Lone Candidate for any Elective Office in a
Special Election, and for other purposes
Sec. 4. Disqualification
 In addition to the disqualifications in Sec. 12
and 68 of the Omnibus Election Code and
LGC Sec. 40
 whenever the evidence of guilt is
strong, the following persons are
disqualified to run in a special election
 Any elective official who has
resigned from his office by
accepting an appointive office or for
whatever reason which he
previously occupied but has caused
to become vacant due to his
resignation
 Any person who, directly or
indirectly, coerces, bribes,
threatens, harasses, intimidates or
actually causes, inflicts or produces
any violence, injury, punishment,
torture, damage, loss or
disadvantage to any person or
persons aspiring to become a
candidate or that of the immediate
member of his family, his honor or
property that is meant to eliminate
all other potential candidate [also
constitutes an election offense
under Sec.5 RA8295 and
punishable under Sec. 264 of the
Omnibus Election Code]
POLITICAL LAW REVIEWER
RA 9225: Citizenship Retention and Re-
acquisition Act of 2003
Sec 5. Civil and Political Rights and Liabilities:
(1) Those seeking elective public office in the
Philippines shall meet the qualification for
holding such public office as required by the
Constitution and existing laws and, at the
time of the filing of the certificate of
candidacy, make a personal and sworn
renunciation of any and all foreign
citizenship before any public officer
authorized to administer and oath.
(2) Those appointed to any public office shall
subscribe and swear to an oath of allegiance
to the Republic of the Philippines and its
duly constituted authorities prior to
assumption of office. Provided, that they
renounce their oath of allegiance to the
country where they took that oath;
(3) That right to vote or be elected or appointed
to any public office in the Philippines cannot
be exercised by, or extended to, those who
are:
 candidates for or are occupying any
public office in the country of which they
are naturalized citizens; and/or
 in active service as commissioned
officers in the armed forces of the
country which they are naturalized
citizens.
Grounds for Disqualification
Sec. 40, LGC
 Moral Turpitude:
 Fencing (Dela Torre v. COMELEC
[1996])
 Direct bribery (Magno v. COMELEC
[2002])
 Dual Citizenship:
 Not an automatic disqualification; filing
of certificate of candidacy is sufficient to
renounce foreign citizenship (declaration
under oath of maintenance of true faith
and allegiance to the Constitution of the
Philippines) [Valles v. COMELEC
(2000)]
 Dual citizenship is not equivalent to
dual allegiance (a person
simultaneously owes, by some positive
act, loyalty to 2 or more states). What is
prohibited is the latter. [Mercado v.
Manzano (1999)]
Dual citizenship is the result of the
concurrent application of different laws
of two or more states, wherein a person
Chapter VII. LOCAL OFFICIALS
is simultaneously considered a national
by the said states.
 Fugitive from justice:
 Intent to evade must be the compelling
factor which animates one’s flight from
a particular jurisdiction. There is intent if
there is knowledge by the fleeing subject
of an already instituted indictment or of a
promulgated judgment of conviction.
[Rodriguez v. COMELEC (1996)]
 “Green Card” holder:
(asked in 1993, 1994)
 As provided in Caasi v. Court of Appeals,
a Filipino citizen’s acquisition of a
permanent resident status abroad
constitutes an abandonment of his
domicile and residence in the
Philippines. Ugdoracion’s acquisition of a
lawful permanent resident status in the
United States amounted to an
abandonment and renunciation of his 293
status as a resident of the Philippines; it
LOCAL GOVERNMENT LAW
constituted a change from his domicile of
origin, which was Albuquerque, Bohol, to a
new domicile of choice, which is the USA.
[Ugdoracion v. COMELEC (2008)]
 Other grounds:
 Vote-buying (upon determination in a
summary administrative proceeding)
[Nolasco v. COMELEC (1997)]
 Removal by administrative proceedings:
(perpetual disqualification) [Lingating v.
COMELEC (2002)])
 Removal of a candidate prior to LGC
cannot be used as a ground for
disqualification [Grego v. COMELEC
(1997)]
 Should be a final determination
[Lingating v. COMELEC (2002)]
 Subsequent re-election cannot be
deemed a condonation if there was
already a final determination of his guilt
before the re-election [Reyes v.
COMELEC (1996)]
 When re-election considered a
condonation: if the proceedings are
abated due to elections. In this case,
there is no final determination of
misconduct [Malinao v. Reyes (1996)]
 Effect of probation:
 Probation has no effect to applicability
of Sec. 40(a) as it only suspends the
execution of the sentence [dela Torre
v COMELEC (1996)]
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

C. Manner of Election D. Term of Office

Sec. 41, LGC (Asked in 1995, 2001, 2005, 2006, 2008)
Governor Elected at large by
Vice-governor, Mayor qualified voters in  All elective local officials, except
Vice-mayor respective units barangay officials (Sec. 8, Art. X,
(city/municipal) Constitution; Sec. 43 LGC)
Punong Barangay  Term of office: 3 years from noon of
SK Chairman Elected by registered June 30, 1992 or the date provided by
voters of the law
Katipunan ng  All local officials first elected during the local
Kabataan elections immediately following the
Regular Members of Elected by district: ratification of the 1987 Constitution shall
Sangguniang serve until noon of June 30, 1992;
st nd
Panlalawigan,  1 and 2 -class  No official shall serve for more than 3
Sangguniang provinces= 10 consecutive terms for the same position;
Panlungsod and regular members
 Voluntary renunciation of the office for
Sangguniang Bayan
rd any length of time is not an interruption
 3 and 4th-class = 8
in the continuity of his service for the full
term for which he was elected
 5th and 6th-class =6
 Barangay officials and members of the 294
Provided: Sangguniang Kabataan (Sec. 43 LGC)

LOCAL GOVERNMENT LAW

If province has more  Term of office: 3 years
than 5 districts, each  After the regular election of barangay
district shall have 2 officials on the second Monday of May
sangguniang 1994
panlalawigan
members.  Existing sub-provinces converted into
Sangguniang Barangay Elected at large regular provinces (Sec. 462 LGC)
Members  New legislative districts continue to be
represented in Congress by the duly-
 Presidents of Leagues of Sanggunian elected representatives of the original
Members of component cities & districts out of which the new provinces
municipalities shall serve as ex officio or districts were created until their own
members of the sangguniang panlalawigan representatives are elected in the next
concerned. regular congressional elections and
 Presidents of Liga ng mga Barangay and qualified
Pederasyon ng SK elected by their  Vacancy in the offices occupied by
respective chapters shall serve as ex officio incumbent elected officials or resulting
members of the sangguniang panlalawigan, from expiration of their terms of office in
panlungsod and bayan case of a negative vote in the plebiscite
 There shall be one (1) sectoral results:
representative from the following sectors:  by appointment of the President;
o Women;  appointees shall hold office until
o Workers; and their successors are elected in the
o 1 from any of the following: regular local elections following the
 urban poor; plebiscite
 indigenous cultural communities;
 disabled persons; or  After conversion of the newly-created
 any other sector determined by the province, President shall appoint:
sanggunian within 90 days prior to  Governor
holding of next local election  Vice-governor
 COMELEC shall promulgate rules for  Members of the sangguniang
election of such sectoral representatives. panlalawigan
…who shall hold office until their
successors are elected in the next
regular local elections and qualified.
POLITICAL LAW REVIEWER
 Qualified appointive officials and
employees in the career service of the
subprovinces at the time of their
conversion into regular provinces shall
continue in office in accordance with
civil service law, rules and regulations.
RA 9164: Synchronized Barangay and
Sangguniang Kabataan Elections (2002)
Sec. 2 Term of Office
 Term of office of barangay and sangguniang
kabataan officials: 3 years
 No barangay elective official shall serve for
more than 3 consecutive terms in the same
position
 Reckoned from the 1994 barangay
elections
 Voluntary renunciation of office for any
length of time shall not be considered as
an interruption
RA 9006 Fair Election Act (2001)
Sec. 14
 An elective official running for any office
other than the one which he is holding in a
permanent capacity, is no longer considered
ipso facto resigned from his office upon the
filing of his certificate of candidacy.
 Note: Sec. 14 of RA 9006 expressly
repealed Sec. 67 of BP 881 or the Omnibus
Election Code which states that “any
elective official, whether national or local,
running for any office other than the one
which he is holding in a permanent capacity,
except for President and Vice-President,
shall be considered ipso facto resigned from
his office upon the filing of his certificate of
candidacy.”
 Section 14 of RA 9006 did not repeal
Section 66 of the Omnibus election Code,
leaving intact Section 66 thereof which
imposes a limitation to appointive officials
and considers them ipso facto resigned from
office upon filing of their certificate of
candidacy
Fariňas v. Executive Secretary (2003):
 By the repeal of Section 67, an elective
official who runs for office other than the one
which he is holding is no longer
considered ipso facto resigned therefrom
upon filing his certificate of
candidacy. Elective officials continue in
public office even as they campaign for
Chapter VII. LOCAL OFFICIALS
reelection or election for another elective
position. On the other hand, Section 66 has
been retained; thus, the limitation on
appointive officials remains - they are still
considered ipso facto resigned from their
offices upon the filing of their certificates of
candidacy.
 Substantial distinctions clearly exist between
elective officials and appointive
officials. The former occupy their office by
virtue of the mandate of the electorate. They
are elected to an office for a definite term
and may be removed therefrom only upon
stringent conditions. On the other hand,
appointive officials hold their office by virtue
of their designation thereto by an appointing
authority. Some appointive officials hold
their office in a permanent capacity and are
entitled to security of tenure while others
serve at the pleasure of the appointing
authority. 295
 Another substantial distinction between the
LOCAL GOVERNMENT LAW
two sets of officials is that under Section 55,
Chapter 8, Title I, Subsection A. Civil Service
Commission, Book V of the Administrative
Code of 1987 (Executive Order No. 292),
appointive officials, as officers and
employees in the civil service, are strictly
prohibited from engaging in any partisan
political activity or take part in any election
except to vote. Under the same provision,
elective officials, or officers or employees
holding political offices, are obviously
expressly allowed to take part in political and
electoral activities.
 By repealing Section 67 but retaining
Section 66 of the Omnibus Election Code,
the legislators deemed it proper to treat
these two classes of officials differently with
respect to the effect on their tenure in the
office of the filing of the certificates of
candidacy for any position other than those
occupied by them.
 Since the classification justifying Section 14
of Rep. Act No. 9006, i.e., elected
officials vis-a-vis appointive officials, is
anchored upon material and significant
distinctions and all the persons belonging
under the same classification are similarly
treated, the equal protection clause of the
Constitution is, thus, not infringed.
What constitutes term of office?
 The Constitution contemplates service by
local officials for three consecutive terms as
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

a result of an election. The term limits for E. Rules on Succession

elective local officials must be taken to refer
1. Successors in permanent vacancies in office
to:
of local chief executive.
1) the right to be elected and
Sec. 44, LGC: (Asked in 1995, 1996, 2002,
2) the right to serve in the same elective
2008)
position.
 Permanent vacancy entails that an elective
 Consequently, it is not enough that an
local official:
individual has fully served three consecutive
DR VaReReQI
terms in an elective local office.
 fills a higher vacant office;
 He must also have been elected to the same
 refuses to assume office;
position for the same number of times
 fails to qualify;
before the disqualification can apply. [Borja
v. COMELEC (1998)]  dies;
 is removed from office;
Effect of judicial declaration that the official’s  voluntarily resigns; or
proclamation is void:  is otherwise permanently incapacitated
 His assumption of office in 1995 cannot be to discharge the functions of his office.
deemed to have been by reason of a valid
Office where
election. Also, he did not fully serve the Permanent Who Succeeds into Office
1995-98 mayoral term by reason of Vacancy Occurs
involuntary relinquishment of office as he Governor Vice-governor
was ordered to vacate his post before the Mayor Vice-mayor 296
expiration of the term. Although he served

LOCAL GOVERNMENT LAW

the greater portion of the said term, he Office of the  Highest ranking
governor or [and] sanggunian member;
should not be considered disqualified vice-governor,  In case of his permanent
because he did not serve three full mayor or [and] vice- inability, the 2nd highest
consecutive terms. [Lonzanida v. COMELEC mayor ranking sanggunian
(1999)] member;
 Subsequent vacancies are
Effect of Recall Elections: filled automatically by the
 An official has served for three consecutive other sanggunian
terms. He was elected in the recall election members according to
for the term of his predecessor. There was their ranking.
no violation of the 3-term rule.
 The Constitution does not require that Office of the  Highest ranking
Punong Barangay sanggunian barangay
the interruption be a full term of 3 years.
member;
The clear intent of the framers of the law is  In case of his permanent
that interruption for any length of time is inability, the 2nd highest
sufficient to break an elective local ranking sanggunian
official’s continuity of service. [Socrates member.
v. COMELEC (2002)]
 A tie between/ among the highest ranking
Effect of Conversion of the LGU: sanggunian members is resolved by drawing
 The mayor of a municipality held his post for of lots.
three terms. During his last term, the
 Successors under S44, LGC serve only for
municipality became a city and he was
the unexpired terms of their predecessors.
declared hold-over mayor by the charter.
The said mayor should not be allowed to run  The ranking in the sanggunian is based on
again. If he were allowed to do so, he would the immediately preceding local election:
have served the same people for a term
more than what is allowed by law [Latasa v. Votes obtained by the winning candidate
COMELEC (2003)] --------------------------------------------
Total number of registered voters in each district
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

2. Permanent vacancies in the sanggunian. 3. Temporary vacancy in the office of the local
Sec. 45, LGC (Asked in 1996, 2002) chief executive.
Sec. 46, LGC.
 If automatic succession as provided in S44 (Asked in 2002)
does not apply, vacancy is to be filled in by
appointment made as follows:  Examples of local chief executive’s
temporary incapacity to perform duties for
Office where Permanent Who Succeeds into physical/legal reasons:
Vacancy Occurs Office
 leave of absence;
Member of Sanggunian Person appointed by the
Panlalawigan or President, through the  travel abroad;
Sangguniang Panlungsod Executive Secretary  suspension from office.
of highly urbanized cities
and independent  General rule: Vice-governor, city/ municipal
component cities vice-mayor, or the highest ranking
Member of Sangguniang Person appointed by the sangguniang barangay member shall
Panlungsod of component governor automatically exercise the powers and
cities and the perform the duties and functions of the local
Sangguniang Bayan chief executive.
Member of the Person appointed by the  Exception: The power to
Sangguniang Barangay mayor, upon
appoint/suspend/dismiss employees can
recommendation of the
Sangguniang Barangay be exercised only if the period of
concerned temporary incapacity exceeds 30 297
Representation of the Official next in rank of working days.

LOCAL GOVERNMENT LAW

youth and the barangay in the organization
the sanggunian concerned
 General Rule: The appointee under Sec. 45
must be a nominee of the political party
under which the sanggunian member
(whose elevation to the position next higher
in rank created the vacancy) had been
elected.
 Conditions sine qua non: There must be a
nomination and certificate of membership
from the highest official of the political party
or else the appointment is:
 null and void ab initio; and
 a ground for administrative action
against the responsible official.
 If sanggunian member who caused vacancy
does not belong to any political party, the
local chief executive shall appoint a qualified
person, upon recommendation of the
sanggunian.
 The appointee under S45 serves the
unexpired term of the vacant office.
 Exception: Sangguniang barangay.
 If the vacancy pertains to barangay or youth
representation in the sanggunian, the
vacancy is automatically filled by the official
next in rank of the organization concerned.
 If the local chief executive is traveling within
the country but outside his territorial
jurisdiction for a period not exceeding 3
consecutive days, he may designate in
writing the officer-in-charge.
 General rule: The local chief executive
cannot authorize any local official to assume
the powers/duties/functions of his office,
other than the vice-governor, city/municipal
vice-mayor, or highest ranking sangguniang
barangay member.
 The authorization shall specify the powers
and functions that the officer-in-charge shall
exercise.
 Exception: The power to appoint,
suspend and dismiss employees.
 If the local chief executive fails/refuses to
issue the authorization, the vice-governor,
city/municipal vice-mayor, or highest ranking
sangguniang barangay member has right to
assume the powers, duties, and functions of
the office on the 4th day of absence.
 Exception: The power to
appoint/suspend/dismiss employees.
Office where
Temporary Who Temporarily Succeeds
Vacancy into Office
Occurs
Governor Vice-governor (automatically)
Mayor Vice-mayor (automatically)
Punong Highest ranking sanggunian
barangay member (automatically)
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

Local chief 1) Person designated in recommendation. The appointing authority is

executive writing by the said local
traveling within chief executive
the country but  Authorization shall
outside his specify the powers
territorial and functions that the
jurisdiction for a designate will
period not exercise, except the
exceeding three power to appoint,
(3) consecutive suspend, or dismiss
days employees
2) Vice-governor, vice-
mayor or highest
Sangguniang Barangay
member, if the local chief
executive fails or refuses
to designate
 In this case,
assumption into office
th
shall be on the 4
day of absence of the
local chief executive
(automatically)
limited to the appointment of those
recommended to his office. The
recommendation is a condition sine qua non
for the validity of the appointment. [Fariñas
v. Barba (1996)]
4. Termination of the Temporary Incapacity:
 Upon submission to the sanggunian of a
written declaration that he has reported back
to office.
 If the temporary incapacity is due to
legal causes, he must also submit the
necessary documents showing that the
legal causes no longer exist.
5. Approval of Leaves of Absence.
Sec. 47, LGC.
LOCAL OFFICIAL LOA APPROVED BY:
 for governors; 298
 mayors of The President or his

LOCAL GOVERNMENT LAW

1)highly urbanized duly authorized
Cases cities or representative
 The LGC is silent on the mode of 2)independent
succession when there is a temporary component cities
vacancy in the office of the vice-governor.  for vice-governors; The local chief
In this case, there was a vacancy when the  for city/municipal executive
vice-governor automatically assumed the vice-mayors
governorship pending the determination of  for city/municipal
who is the local chief executive. Because of mayors of The governor
such circumstances, the President, through component
the Secretary of Local Government, may cities/municipalities
make the temporary appointment. [Menzon  for the sanggunian
v. Petilla (1991)] panlalawigan, The Vice-governor or
panlungsod and city/municipal vice-
 A vice-governor who is concurrently an pambayan mayor
acting governor is actually a quasi-governor. members;
Being the acting governor, the vice-governor  its employees
can no longer continue to simultaneously  for punong The city/municipal
exercise the duties of the latter office, since barangays mayor
the nature of the duties of the governor
hinders him from discharging his duties for  for sangguniang The punong barangay
such office. Hence, there is an “inability” on barangay members
the part of the regular presiding officer, the
vice-governor, to preside during the  If the application for LOA is not acted upon
sanggunian sessions, which calls for the within 5 working days after receipt, the
election of a temporary presiding officer. application is deemed approved.
[Gamboa v. Aguirre (1999)]

 The governor has the power to fill a vacancy

in the Sangguniang Bayan caused by a
member not belonging to any political party.
It is the same manner as where the member
belonged to a political party. Where there is
no political party to make the nomination,
the Sanggunian where the vacancy occurs
must be considered authority for making the
POLITICAL LAW REVIEWER
F. Recall
Sec. 69-75, LGC
(Asked in 2002)
 Recall is a mode of removal of a public
official by the people before the end of his
term of office. [Garcia v. COMELEC, (1993)]
 Who has the power of recall: Power of recall
for loss of confidence is exercised by the
registered voters of the LGU. [S69, LGC]
 Effectivity: Upon the election and
proclamation of a successor in the person of
the candidate receiving the highest number
of votes cast during the election on recall.
Thus, if the official sought to be recalled
receives the highest number of votes,
confidence in him is affirmed and he shall
continue in office. [S72, LGC]
 Prohibition on resignation: An Elective local
official sought to be recalled is not allowed
to resign while the recall process is in
progress. [S73, LGC]
 Expenses: The Annual General
Appropriations Act contains a provision for a
contingency fund at the disposal of the
COMELEC. [S75, LGC]
 RA 9244: An Act Eliminating the
Preparatory Recall Assembly as a Mode of
Instituting Recall of Elective Local
Government Officials, Amending for the
Purpose sec. 70-71 of the LGC of 1991.
Sec. 70. Initiation of the Recall Process
(PCPVA)
Petition of a registered voter in the LGU
concerned, supported by a percentage of
registered voters during the election in which the
local official sought to be recalled was elected.
(Percentage decreases as population of people
in area increases. Also, the supporting voters
must all sign the petition)
  The Liga ng mga Barangay and the
Within 15 days after filing, the COMELEC must
certify the sufficiency of the required number of
signatures. Failure to obtain the required
number automatically nullifies the petition.
 NOTE: Under RA9244, the Congress removed
Within 3 days from certification of sufficiency,
COMELEC provides the official with a copy of
the petition and causes its publication for 3
weeks (once a week) in a national newspaper
and a local newspaper of general circulation.
Chapter VII. LOCAL OFFICIALS
Petition must also be posted for 10 to 20 days at
conspicuous places. PROTEST SHOULD BE
FILED AT THIS POINT and ruled with finality 15
days after filing.

COMELEC verifies and authenticates the
signatures.

COMELEC announces acceptance of
candidates
Sec. 71. Election on Recall
 COMELEC sets election within 30 days
upon completion of previous section in
barangay/city/municipality proceedings (45
days in case of provinces)
 Officials sought to be recalled are
automatically candidates
299
Cases
LOCAL GOVERNMENT LAW
 A petition for recall that is signed only by the
petitioner but does not bear the names of
the citizens who have allegedly lost
confidence in the official should be
dismissed. [Angobung vs Comelec (1997)]
 Whether or not the electorate of the
municipality has lost confidence in their
incumbent mayor is a political question.
Loss of confidence is the formal withdrawal
by the electorate of their trust in a person’s
ability to discharge his office previously
bestowed on him by the same electorate.
[Evardone v. COMELEC (1991)]
 Recall is a mode of removal of a public
official by the people before the end of
his term of office. The people’s prerogative
to remove a public official is an incident of
their sovereign power and in the absence of
constitutional restraint, the power is implied
in all governmental operations. Such power
has been held to be indispensable for the
proper administration of public affairs.
[Garcia v. COMELEC (1993)]
Preparatory Recall Assembly are entirely
different entities even if they may have the
same members. [Malonzo vs Comelec
(1997)]
the Preparatory Recall Assembly as a mode of
recall.
A Regular local election is necessary in order to
replace the local elective official who is sought to
POLITICAL LAW REVIEWER
be recalled. This does not include SK elections.
[Paras v. COMELEC (1996)]
Limitations on the Holding of Recalls
Sec. 74.
a. Any elective official may be the subject of a
recall election only once during his term of
office for loss of confidence.
b. No recall shall take place:
1. Within 1 year from the date of
assumption of office of the official
concerned
 Rationale: to provide a reasonable
basis for judging the performance of
an elective local official
2. Within 1 year immediately preceding a
regular local election
 Rationale: a recall election is
potentially disruptive of the normal
working of the LGU necessitating
additional expenses
 “Recall”, as used in par. b, sec. 74
prescribing the 1-year limitation, refers to
the “election” itself (not the process of
initiating the recall proceedings). The
purpose of the 1-year limitation from
assumption is to prevent premature action
without having sufficient time to evaluate the
official’s performance.
 As long as the election is held outside the 1-
year period, the preliminary proceedings to
initiate recall can be held even before the
end of 1 year from assumption.
 The 1-year period before regular local
election does not include the campaign
period. [Claudio v. COMELEC (2000)]
G. Discipline
1. Administrative Action
AO 23, as amended by AO 159 (1994) and AO
66 (1999): Prescribing the Rules and
Procedures on the Investigation of
Administrative Disciplinary Cases
 Coverage: administrative disciplinary
charges against –
 the governors, and members of the
sangguniang panlalawigan;
 the mayors, vice mayors, and members
of the sangguniang panlungsod of highly
urbanized cities, independent
component cities, and component cities;
and
 the mayors, vice mayors, and members
of the sangguniang panlungsod or
Chapter VII. LOCAL OFFICIALS
bayan of cities or municipalities in
Metropolitan Manila
 Disciplining Authority — The President, who
may act through the Executive Secretary
 May still constitute a Special
Investigating Committee in lieu of the
DILG Secretary;
 Nothing shall prevent the President from
assuming jurisdiction at any stage of the
proceedings over cases to be
preliminarily investigated by the DILG; in
such an event, the same shall
immediately be forwarded to the Special
Investigating Committee after it may
have been constituted by the
Disciplining Authority.
 Investigating Authority — DILG Secretary
o may constitute an Investigating
Committee in the DILG for the conduct
of investigation 300
 Grounds for administrative action (discipline,
LOCAL GOVERNMENT LAW
suspension, removal):
MAD-VAD-CO
1. Disloyalty to the Republic of the
Philippines;
2. Culpable violation of the Constitution;
3. Dishonesty, oppression, misconduct in
office, gross negligence, or dereliction of
duty;
4. Commission of any offense involving
moral turpitude or any offense
punishable by at least prision mayor,
which is from 6 years and 1 day to 12
years imprisonment;
5. Abuse of authority;
6. Unauthorized absence for 15
consecutive working days in case of
local chief executives and 4 consecutive
sessions in the case of members of the
sanggunian;
7. Application for, or acquisition of, foreign
citizenship or residence of the status of
an immigrant of another country; and
8. Such other grounds as may be provided
by the Local Government Code of 1991;
Republic Act No. 6713; Republic Act No.
3019; Administrative Code of 1987;
Revised Penal Code; and all other
applicable general and special laws.
 How Initiated
1. by any private individual or any
government officer or employee by filing
a sworn written complaint (verified)
2. by the Office of the President or any
government agency duly authorized by
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

law to ensure that LGUs act within their 4. May be imposed at any time after the
prescribed powers and functions issues are joined (after respondent has
answered the complaint)
Elective Official against Where to File
whom Administrative Complaint 5. No preventive suspension shall be
Complaint is Filed imposed within 90 days immediately
Provincial or city official Office of the President prior to any local election. If the
Municipal official Sangguniang preventive suspension has been
Panlalawigan imposed prior to the 90-day period
Barangay official Sangguniang immediately preceding a local election, it
Panlungsod or shall be deemed automatically lifted
Sangguniang Bayan
upon the start of the period
Cases  Grounds for Preventive Suspension:
 Supervision and discipline. The President is  when the evidence of guilt is strong
not devoid of disciplinary powers because and,
he merely has supervisory powers under the  given the gravity of the offense,
Constitution. Supervision is not incompatible there is a great probability that the
with disciplining authority. [Ganzon vs CA continuance in office of the
(1991)] respondent could influence the
 Valid delegation. Under AO 23, the witnesses or pose a threat to the
delegation of the power to investigate to the safety and integrity of the records
Sec of Interior is valid. What cannot be and other evidence 301
delegated is the power to discipline. [Joson  Period: Any single preventive

LOCAL GOVERNMENT LAW

vs Torres (290 S 279)] suspension of local elective officials
 Prejudicial question? The administrative shall not extend beyond 60 days;
investigation can proceed even during the
Provided that, in the event that several
pendency of an appeal of audit findings to
administrative cases are filed against an
the Commission on Audit [Salalima vs
elective official:
Guingona (257 S 55)]
 he cannot be preventively
 Preventive Suspension Sec. 63, LGC suspended for more than 90 days
(Asked in 1990, 1996) within a single year
1. Sole Objective: to prevent the accused  on the same ground or grounds
official from hampering the investigation existing and known at the time of
with his influence and authority over the first suspension.
possible witnesses and keep him off the  Expiration: the suspended elective
records and other evidence. [Ganzon v. official shall be deemed reinstated in
CA, (1991)] office without prejudice to the
[cf. suspension as a penalty] continuation of the proceedings against
2. It may be imposed by the Disciplining him [which shall be terminated within
Authority in cases where the respondent 120 days from formal notice of the
is an elective official: case]. However, if the delay in the
Local Elective Who may impose: proceeding of the case is due to his
Official of: fault, or request, other than the appeal
 provinces President, through duly filed, the duration of such delay
 highly urbanized the DILG Secretary shall not be counted in computing the
cities time of termination of the case. (sec. 63
 independent (c))
component cities
 municipalities Provincial Governor  Compensation: officer shall receive no
 component city salary or compensation during such
 barangay Mayor suspension; but, upon subsequent
exoneration and reinstatement, he shall
3. The governor shall, upon the direct be paid his full salary or compensation,
order of the Disciplining Authority, including such emoluments accruing
preventively suspend an elective official during such suspension. (sec. 64)
of a component city, who is under formal
administrative investigation by the Office The provincial governor is authorized to
of the President. preventively suspend the municipal mayor any
POLITICAL LAW REVIEWER
time after the issues have been joined and any
of the following grounds were shown to exist:
o When there is reasonable ground to believe
that the respondent has committed the act
or acts complained of
o When the evidence of culpability is strong
o When the gravity of the offense so warrants
o When the continuance in office of the
respondent could influence the witnesses or
pose a threat to the safety and integrity of
the records and other evidence.
There is nothing improper in suspending an
officer before the charges are heard and before
he is given an opportunity to prove his
innocence. Preventive suspension is allowed so
that respondent may not hamper the normal
course of the investigation through the use of his
influence and authority over possible witnesses.
When a local government official believes that
he has been wrongfully suspended, the proper
procedure is to exhaust administrative remedies,
i.e. seek relief from the DILG Secretary, and not
to file a case in court. [Espiritu v. Melgar (1992)]
Piecemeal suspensions should not be issued. If
there are several administrative cases against a
public official, these cases should be
consolidated for the purpose of ordering
preventive suspension, instead of issuing an
order of suspension for each case. Elective local
officials should be given the benefit of
simultaneous service of suspension. [Ganzon v.
CA (1991)]
NOTE: The ruling in this case as to
simultaneous service of suspension is more of
an exception than the rule, because of the
following circumstances:
o Three separate orders of 60-day preventive
suspension were issued against Ganzon
o Another order of preventive suspension was
issued before the SC promulgated the
decision ruling that suspension should not
be issued piecemeal
o The simultaneous service of suspension will
lessen the harsh effects of whatever ill
motive may be behind the successive
suspension orders issued
 Rights of the Respondent Official— Full
opportunity to:
o Appear and defend himself in person or
by counsel
o Confront and cross-examine the
witnesses against him
o Require attendance of witnesses and
the production of documentary evidence
in his favor through subpoena or
subpoena duces tecum. (sec. 65)
Chapter VII. LOCAL OFFICIALS
 Due process. The petitioner has the right to
a formal investigation under AO 23. Where
the Sec denied the motion for a formal
investigation and decided the case on the
basis of position papers, the right of the
petitioner was violated. [Joson vs Torres
(290 S 279)]
 Form and Notice of Decision
 Shall be terminated within 90 days from
start thereof.
 Office of the President or Sanggunian
concerned to render decision
 Within 30 days from end of
investigation
 In writing
 Stating clearly facts and reasons
 Furnish copies to respondent and
interested parties. (sec. 66 a)
NOTE: Any abuse of the exercise of the power
of preventive suspension shall be penalized as 302
abuse of authority (Nachura).
LOCAL GOVERNMENT LAW
2. Penalties
a. Suspension
 Limitations: The penalty of suspension:
 shall not exceed the unexpired term of
the respondent
 shall not exceed a period of 6 months
for every administrative offense
 shall not be a bar to the candidacy of
the respondent so suspended as long
as he meets the qualifications required
for the office. (Sec. 66, LGC)
 When the respondent has been meted 2 or
more penalties of suspension for 2 or more
administrative offenses, such penalties shall
be served successively (AO No. 159,
Amending AO 23, Prescribing the Rules and
Procedures on the Investigation of
Administrative Disciplinary Cases Against
Elective Local Officials, 1994)
b. Removal
 An elective local official may be removed by
order of the proper court. (sec. 60)
 The penalty of removal from office as a
result of administrative investigation shall be
considered a bar to the candidacy of the
respondent for any elective position. (sec.
66 c)
[cf. effect of penalty of suspension]
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

Proper court order

Preventive Suspension Preventive Suspension
 Local legislative bodies and/or the Office of under RA 6770 under the LGC
the President cannot validly impose the Requirements: Requirements:
penalty of dismissal or removal from service
1. the evidence of guilt is 1. there is reasonable
on erring local elective officials. It is clear
strong; AND ground to believe that
from Sec. 60 of LGC that an elective local 2. that any of the the respondent has
official may be removed from office on following committed the act or
the grounds enumerated above only by circumstances are acts complained of
order of the proper court. present: 2. the evidence of
 Art. 124 (b), Rule XIX of the Rules and o the charge against culpability is strong
Regulations Implementing the LGC, which the officer or 3. the gravity of the
states that “an elective local official may be employee should offense so warrants;
involve or
removed from office by order of the proper
dishonesty, 4. the continuance in
court or the Disciplining Authority whichever oppression or office of the
first acquires jurisdiction to the exclusion of grave misconduct respondent could
the other” is void for being repugnant to Sec. or neglect in the influence the
60, LGC. performance of witnesses or pose a
 But remember if it’s appointive, OP may duty; threat to the safety
remove. [Pablico v. Villapando (2002)] o the charges and integrity of the
 Petitioners contest the administrative action should warrant records and other
removal from evidence
as being violative of Sec. 60, which
office; or
303
mandates that an elective local official may o the respondent’s

LOCAL GOVERNMENT LAW

be removed from office only by order of the
court, since the duration of the suspension
being 12-20 months exceeded their
remaining terms. The suspension was
allegedly tantamount to a removal.
 Held: An administrative offense means
every act or conduct or omission which
amounts to, or constitutes, any of the
grounds for disciplinary action. The offenses
for which suspension may be imposed are
enumerated in Section 60.
 Assuming for the moment that the Office of
the President is correct in its decisions in
each of the subject four administrative
cases:
 It committed no grave abuse of discretion in
imposing the penalty of suspension,
although the aggregate thereof exceeded six
months and the unexpired portion of the
petitioners’ term of office.
 What is important is that the suspension
imposed for each administrative offense did
not exceed six months. [Salalima v.
Guingona (1996)]
3. Power of Tribunals
 The Ombudsman
(Asked in 1999, 2003)
The Ombudsman and the Office of the President
have concurrent jurisdiction to conduct
administrative investigations over local elective
officials. The LGC did not withdraw the power of
the Ombudsman under RA 6770. [Hagad v.
Gozo-Dadole (1993)]
continued stay in
office would
prejudice the case
filed against him
Maximum period: Maximum period:
6 months 60 days
It is not only the Ombudsman, but also his
Deputy, who may sign an order preventively
suspending officials. Also, the length of the
period of suspension within the limits provided
by law and the evaluation of the strength of the
evidence both lie in the discretion of the
Ombudsman. It is immaterial that no evidence
has been adduced to prove that the official may
influence possible witnesses or may tamper with
the public records. It is sufficient that there exists
such a possibility. [Castillo-Co v. Barbers (1998)]
 The Courts
RA 3019
The term “office” in Sec. 13 of RA 3019
(pertaining to mandatory preventive suspension)
applies to any office which the officer might
currently be holding and not necessarily the
particular office in relation to which the official is
charged. The imposition of the suspension,
though mandatory, is not automatic or self-
operative. A pre-condition is the existence of a
valid Information, determined at a pre-
suspension hearing. [Segovia v. Sandiganbayan
(1999)]
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

 Sandiganbayan  An appeal shall not prevent a decision from

PD 1606, as amended by RA 8249
 It is the official’s grade that determines his or
her salary, and not the other way around. An
official’s grade is not a matter of proof but a
matter of law which the court must take
judicial notice. Under Sec. 444(d) of the
LGC, the municipal mayor shall receive a
minimum monthly compensation
corresponding to SG 27. Thus, the cases
filed against the petitioner are within the
exclusive jurisdiction of the Sandiganbayan.
[Llorente v. Sandiganbayan (2000)]
 If the law states that a certain officer is
within the jurisdiction of the Sandiganbayan,
the fact that the officer's SG is below 27
does not divest jurisdiction. [Inding v.
Sandiganbayan (2004)]
 RA 8249 provides that as long as one of the
accused is an official of the executive
branch occupying the position otherwise
classified as SG 27 and higher, the
becoming final or executory.
 If respondent wins the appeal:
o He shall be considered as having
been placed under preventive
suspension during the pendency of
the appeal.
o If condoned, he shall be paid his
salary and other emoluments during
the pendency of appeal. (sec. 68)
 Sec. 68 of the LGC merely provides that an
“appeal shall not prevent a decision from
becoming final or executory.” As worded,
there is room to construe the provision as
giving discretion to the reviewing officials to
stay the execution of the appealed decision.
[Berces v. Guingona (1995)]
 The phrase “final or executory” in Secs. 67
and 68 simply means that administrative
appeal will not prevent the enforcement of 304
the decision. [Mendoza vs Lacsina (2003)]

LOCAL GOVERNMENT LAW

Sandiganbayan exercises exclusive original
jurisdiction. To vest Sandiganbayan with 5. Effect of Re-election
jurisdiction, public office must be an element
 Re-election renders the administrative
of the crime OR that without the public
complaint against the local official moot and
office, the crime could not have been
academic. A public official cannot be
committed. [Rodriguez v. Sandiganbayan
removed for administrative misconduct
(2004)]
committed during a prior term, since the re-
election to office operates as a condonation
4. Administrative Appeals of the officer’s previous misconduct to the
extent of cutting off the right to remove him
Sec. 67
therefore. But this rule is applicable only to
 Within 30 days from receipt of decisions:
administrative cases, not to criminal cases.
Decisions of: May be appealed before: (Asked in 2000) [Aguinaldo v. Santos
(1992)]
 Sangguniang Sangguniang
Panglungsod of Panlalawigan
component cities II. Appointive Officials
 Sangguniang Bayan
 Sangguniang Office of the President
Panlalawigan A. Appointments
 Sangguniang Under the LGC and RAC, the provincial
Panglungsod of:
 highly urbanized
governor is not authorized to appoint or even
cities designate a person in cases of temporary
 independent absence or disability. Power resides in the
component cities President or the Secretary of Finance.
 Office of the President [final and executory; may [Dimaandal v. COA (1998)]
not be appealed]
NOTE: Difference between designation and
appointment – In designation, additional tasks
are assigned, but there is no corresponding
salary increase.

 The Bases Conversion Act provides that the

mayor of Olongapo shall be appointed
SBMA chairman for the first year of
operations. This violates the constitutional
prohibition against appointment or
POLITICAL LAW REVIEWER
designation of elective officials to other
government posts. Appointive officials may
be allowed by law or by the primary
functions of his position to hold multiple
offices whereas elective officials are not
allowed, except as otherwise recognized in
the Constitution. The provision also
encroaches on executive power to appoint.
(Asked in 1995, 2003) [Flores v. Drilon
(1993)]
CSC’s Role in Appointments
It cannot appoint but it can say if a person is
qualified or unqualified. If unqualified, it can
remove the person from office (basis is the
Omnibus Implementing Rules of RAC).
Grounds for RECALL of appointment
(NO-VP)
1. Non-compliance with procedure or criteria
provided in the agency’s merit promotion
plan
2. Failure to pass through the agency’s
selection/promotion board
3. Violation of existing collective agreement
between management and employees
relative to promotion
4. Violation of other existing civil service law
rules and regulations
 In disapproving or approving appointments,
CSC only examines
 the conformity of the appointment with
applicable provisions of law
 WON appointee possesses the
minimum qualifications and none of the
disqualifications [Mathay v. CSC (1999)]
 CSC has no authority to direct that an
appointment of a specific individual be
made. It can only attest to WON the person
chosen may fill the position. According to BP
337, the power to appoint rests exclusively
with the local chief executive and can’t be
usurped by anyone else. [Mathay v. CA
(1999)]
 The Constitutional prohibition on midnight
appointments applies only to presidential
appointments. They do not apply to LGUs.
For LGUs, appointments of such nature are
valid as long as these meet all the requisites
of a valid appointment.
 The Constitutional prohibition on midnight
appointments is confined to appointments
made in the Executive Department and does
not refer to the Members of the Supreme
Court.
Chapter VII. LOCAL OFFICIALS
 The fact that Section 14 and Section 16
refer only to appointments within the
Executive Department renders conclusive
that Section 15 also applies only to the
Executive Department. This conclusion is
consistent with the rule that every part of the
statute must be interpreted with reference to
the context, i.e. that every part must be
considered together with the other parts,
and kept subservient to the general intent of
the whole enactment. It is absurd to assume
that the framers deliberately situated Section
15 between Section 14 and Section 16, if
they intended Section 15 to cover all kinds
of presidential appointments. [De Castro v.
JBC (2010)]
 Once an appointment has been made and
accepted, the appointee acquires a legal
right to the position--the appointing authority
cannot unilaterally revoke it without cause,
notice and hearing. But the CSC may do so 305
if it decides that the requirements were not
LOCAL GOVERNMENT LAW
met. [De Rama v. CA (2001)]
Nepotism (asked in 2008)
 Mayor is not allowed to appoint wife as head
of Office of General Services even if she’s
qualified because of the prohibition against
nepotic appointments. This is based on
Sec. 59 Book 5 of RAC. This prohibition
covers all appointments and original and
personnel actions (promotion, transfer,
reinstatement, re-employment). [Debulgado
v. CSC (1994)]
 The mayor’s appointment was considered
nepotic and therefore prohibited when he
made permanent the appointment of his
daughter’s husband, who was appointed a
mere temporary post prior to the latter’s
marriage. [CSC v. Tinaya (2005)]
 The appointment of Montuerlo was void
because the matter was never submitted to
the Sangguniang Bayan for its concurrence
or, even if so submitted, no such
concurrence was obtained. Even if there
was a verbal concurrence by the
Sanggunian, such is not the concurrence
required and envisioned under the law.
 The Sanggunian, as a body, acts through a
resolution or an ordinance. Absent such
resolution of concurrence, Montuerlo’s
appointment failed to comply with the
mandatory requirement of Section 443(a)
and (d) of R.A. No. 7160.
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

 Without a valid appointment, Montuerlo
acquired no legal title to the Office of
Municipal Budget Officer, even if she had
served as such for ten years. [Montuerlo v.
Ty (2008)]
complaint with the treasurer’s office or with the
DOF. [Garcia v. Pajaro (2002)]
[Sangguniang Bayan of San Andres v. CA
(1998)]:

Requisites to Essential elements of

constitute abandonment:
B. Discipline resignation: 1. Intent to abandon
 The appointing authority is generally the 1.Intention to 2. Overt act by which
disciplining authority. relinquish a part of the the intention is to
term be carried into
 Disciplinary Jurisdiction (sec. 87)
2.Act of relinquishment effect
[Except as otherwise provided by law], the
3.Acceptance by the
local chief executive may impose:
proper authority
 Removal from service (cf. elective (Asked in 2000)
officials)
 Demotion in rank
 Suspension for not more than 1 year
w/o pay
C. Removal
- If not more than 30 days—not In interpreting its own rules as it did, the CSC
appealable was acting within its constitutionally delegated
- If more than 30 days—appealable to power to interpret its own rules. The CSC, by 306
ruling that the employee took an automatic leave

LOCAL GOVERNMENT LAW

the CSC
 Fine not exceeding 6 months’ salary of absence, was merely interpreting its own rule
 Reprimand on requirement of approved leave. [City
 Or otherwise discipline subordinate Government of Makati City v. CSC (2002)]
officials and employees under his
jurisdiction.
D. Officials Common to All
 No remedy of appeal if the decision of the Municipalities, Cities and Provinces
administrative case exonerated the officer or
employee. “Party adversely affected” in PD a. Secretary to the Sanggunian
807 or “The Philippine Civil Service Law” b. Treasurer
only refers to the government employee c. Assessor
against which the case is filed. [Mendez v. d. Accountant
CSC (1991)] e. Budget Officer
f. Planning and Development Coordinator
 The City Treasurer has authority to g. Engineer
discipline his subordinates. h. Health Officer
The power to discipline is specifically granted by i. Civil Registrar
the Revised Administrative Code to heads of j. Administrator
departments, agencies and instrumentalities, k. Legal Officer
provinces, and cities. l. Agriculturist
m. Social Welfare and Development Officer
The power to commence administrative n. Environment and Natural Resources Officer
proceedings against subordinate officers is o. Architect
granted by the Omnibus Rules to the secretary p. Information Officer
of department, head of office, head of LGU, q. Cooperatives Officer
chief of agency, regional director, or person with r. Population Officer
sworn written complaint. The City treasurer may s. Veterinarian
also motu proprio institute disciplinary t. General Services Officer
proceedings against subordinates.
These rules must be reconciled with the LGC,  Exceptions as to appointments by local chief
which gives the mayor the authority to institute executive
administrative and judicial proceedings  secretary (appointed by vice-governor or
against any official or employee of the city. In vice-mayor)
cases involving the employees of the city  treasurer (appointed by secretary of
treasurer’s office, the mayor must file his Finance)
POLITICAL LAW REVIEWER
 In the barangay, the mandated appointive
officials are the Barangay Secretary and the
Barangay Treasurer, although other officials
of the barangay may be appointed by the
punong barangay.
III. Provisions Applicable to Elective and
Appointive Officials
A. Prohibited Interests
LGC Sec. 89
Prohibited business and pecuniary interest.
 Unlawful for any local government
official/employee to directly or indirectly:
 Engage in any business transaction with
LGU local government unit:
 in which he is an official/employee;
 over which he has the power of
supervision;
 with any of its authorized boards,
officials, agents, or attorneys,
 if money/property or any thing of
value is to be indirectly transferred
out of the resources of the LGU to
such person or firm;
 Hold interests in any cockpit or other
games licensed by an LGU;
 Purchase any realty/property forfeited in
favor of the LGU
 for unpaid taxes/assessment; or
 by virtue of a legal process at the
instance of the LGU.
 Be a surety for any person contracting
or doing business with the LGU which a
surety is required;
 Possess/use any public property of the
LGU for private purposes.
 Other prohibitions governing the
conduct of national public officers
relating to prohibited business and
pecuniary interest:
 RA 6713 (Code of Conduct and
Ethical Standards for Public
Officials/EEs);
 Other laws.
 The variance doctrine applies here. As
applied in this case, the Variance Doctrine
holds that if the crimes charged include the
crimes proved, then there can be a
conviction for the crimes proved. Also, if
crimes proved include the crimes charged,
then there can be a conviction for the crimes
charged. [Teves v. Sandiganbayan (2004)]
Chapter VII. LOCAL OFFICIALS
Elements of unlawful Elements of prohibited
intervention interest
Accused is public officer Public Officer
Accused has direct or He has direct or indirect
indirect financial or financial or pecuniary
pecuniary interest in any interest in any business,
business, contract, or contract, transaction
transaction, WON
prohibited by law
He intervenes or takes He is prohibited from
part in his official capacity having such interest by
in connection with such the Const. or law
interest
B. Practice of Profession
LGC, Sec. 90
 All governors and mayors are prohibited
from:
o practicing their profession
o engaging in any occupation other than
the exercise of their functions as local
chief executives.
307
LOCAL GOVERNMENT LAW
 Sanggunian Members may
o Practice their profession
o Engage in any occupation
o Teach in schools
 except during session hours
 Provided, a member of the Bar
shall not:
(1) Appear as counsel before any
court in any civil case wherein a
local government unit or any
office, agency, or instrumentality
of the government is the
adverse party;
(2) Appear as counsel in any
criminal case wherein an officer
or employee of the national or
local government is accused of
an offense committed in relation
to his office.
(3) Collect any fee for their
appearance in administrative
proceedings involving the local
government unit of which he is
an official; and
(4) Use property and personnel of
the government except when
the sanggunian member
concerned is defending the
interest of the government.
POLITICAL LAW REVIEWER
 Doctors of Medicine may practice their
profession even during official hours of work
o only on occasions of emergency
 Provided, that the officials
concerned do not derive monetary
compensation therefrom.
Private Counsel/Lawyers for Elective Local
Officials
 General Rule: A Legal Officer, one of the
appointive local officals common to LGUs, is
tasked to represent the LGU in all civil
actions and special proceedings wherein the
LGU or any official thereof, in his official
capacity, is a party. (sec. 481)
By appearing as counsel for dismissed
employees, the city counsellor violated the
prohibition against engaging in practice if such
practice represents interests adverse to the
government. [Javellana vs DILG (212 S 475)]
A municipality cannot hire private counsel to file
a suit in its behalf. The RAC provides that only
the provincial fiscal and the municipal attorney
can represent a municipality or its official in its
lawsuits, except in cases where:
1) original jurisdiction is vested in the SC
2) where the municipality is a party adverse to
the provincial government or the case is
between two municipalities
3) He or his wife/child is pecuniarily involved as
heir, legatee, creditor, etc.
While a private prosecutor is allowed in criminal
cases, private counsel cannot represent LGU
even if in collaboration with an authorized
government lawyer except that in the interest of
substantial justice, the municipality may adopt
work already performed in good faith by the
private attorney which was beneficial to it
provided.
1) no injustice is heaped on adverse party
2) no compensation of any guise is paid.
[Ramos v. CA (1981)]
 The municipality’s authority to employ a
private lawyer is expressly limited only to
situations where the provincial fiscal is
disqualified to represent it. For the exception
to apply, the fact that the provincial fiscal
was disqualified to handle the
municipality’s case must appear on
record. The refusal of the provincial fiscal to
represent the municipality is not a legal
justification for employing the services of
private counsel. Instead of engaging the
services of a special attorney, the municipal
council should request the Secretary of
Justice to appoint an acting provincial fiscal
Chapter VII. LOCAL OFFICIALS
in place of the provincial fiscal who has
declined to handle and prosecute its case in
court. [Pillilla v. CA (1994)]
 In resolving whether a local government
official may secure the services of a private
counsel in an action filed against him in his
official capacity, the nature of the action and
the relief sought are to be considered. In
view of the damages sought, which if
granted, could result in personal liability,
respondents could not be deemed to have
been improperly represented by a private
counsel. [Mancenido v. CA (2000)]
NOTES:
 Instances when a private lawyer can
represent a LGU
 When the municipality is an adverse
party in a case involving the provincial
government or another municipality or
city within the province 308
 Where original jurisdiction is vested with
LOCAL GOVERNMENT LAW
the SC
 Test as to when a local government
official can secure the services of private
counsel: Nature of the action and the relief
that is sought
C. Prohibition against Appointment
 No elective official shall be eligible for
appointment or designation in any capacity
to any public office or position during his
tenure [Flores v Drilon (1993)]
 Except for losing candidates in barangay
elections, no candidate who lost in any
election shall, within one year after such
election, be appointed to any office in the
government or any GOCC or their
subsidiaries.
IV. Local Boards and Councils
Sec. 98-116
A. Local School Board
 Determines the annual supplementary
budgetary needs for the operation and
maintenance of public schools
 Authorizes the disbursal of funds from the
Special Education Fund
 Serves as an advisory committee to the
Sanggunian concerned on educational
matters
 Recommend changes in the names of public
schools.
POLITICAL LAW REVIEWER Chapter VII. LOCAL OFFICIALS

Cases
 The Special Education Fund covers the
salary and benefits of extension classes
teachers but not college scholarship funds.
[COA Cebu Province v. Province of Cebu
(2001)]
 The requirement that DECS shall consult the
local school board in Sec 99, LGC applies to
appointments made by DECS, not to
appointments made by the Pres. [Osea vs
Malaya (2002)]

B. Local Health Board

 Proposes annual budgetary allocations for
the operation and maintenance of health
facilities and services
 Serves as an advisory committee to the
sanggunian concerned on health matters
 Creates committees which shall advice local
health agencies on personnel and budgetary 309
matters

LOCAL GOVERNMENT LAW

C. Local Development Council
 Primary duty: to initiate a comprehensive
multisectoral development plan for the LGU
which is submitted to the sanggunian for
approval and assist the corresponding
sanggunian in setting the direction of
economic and social development, and
coordinating development efforts within its
territorial jurisdiction.

D. Local Peace and Order Council

 Formulate and recommend such measures
to improve or enhance peace and order and
public safety
 Monitor the implementation
 Make periodic assessments of the prevailing
peace and order situation
POLITICAL LAW REVIEWER Chapter VIII. LOCAL GOVERNMENT UNITS

the mediation,
Chapter VIII. Local Government Units conciliation or arbitration
process
A. THE BARANGAY
1. KATARUNGANG PAMBARANGAY Quick Facts about Katarungang Pambarangay
2. SANGGUNIANG KABATAAN - nature of proceedings is contractual
B. THE MUNICIPALITY
C. THE CITY 1) Subject Matter for Amicable Settlement:
D. THE PROVINCE All cases EXCEPT those listed under Sec.
408:
EXCLUSIONS:
A. The Barangay a. One party is the government or any
LGC Sec. 384-439 subdivision or instrumentality thereof
b. One party is a public officer or employee,
The barangay is the basic political unit. Its roles and the dispute relates to the performance
are: of his official functions
1. Primary planning and implementing unit of c. Offenses punishable by imprisonment
government policies, plans, programs, exceeding 1 yr or a fine exceeding
projects and activities in the community; P5,000.
2. Forum wherein the collective views may be d. Offenses where there is no private
expressed, crystallized and considered; and offended party
3. Where disputes may be amicably settled. e. Dispute involves real properties located in
different cities or municipalities (UNLESS
(Sec 384, LGC)
they submit their dispute to KP) 310
f. Dispute where parties who actually reside

LOCAL GOVERNMENT LAW

 A barangay captain is a person in authority
and an attack on him would amount to direct
assault. On the other hand, an attack on a
barangay chief tanod who was a mere
bystander (not in the performance of his
duties) at the time the crime was committed, is
not direct assault as he is merely an agent of a
person in authority. [People v. Recto (2001)]
1. Katarungang Pambarangay
LGC Sec. 399-422
The previous law on Katarungang Pambarangay
has already been revised by the LGC and it has
three significant features:[Uy v. Contreras
(1994)]
in barangays of different cities or
municipalities (UNLESS they submit their
dispute to KP)
g. Cases as determined by the President.
Other EXCLUSIONS: Cases under Sec 412
(b):
1) where the accused is under detention
2) where a person has otherwise been
deprived of personal liberty calling for
habeas corpus proceedings
3) where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property
and support pendente lite
4) where the action may otherwise be barred
by the statute of limitations

PD 1508 Local Government Code 2) Conciliation is a precondition to filing of

Authority over criminal Authority over criminal
offenses limited to those offenses limited to those
punishable by punishable by
imprisonment not imprisonment not
exceeding 30 days or a exceeding 1 year or a
fine not exceeding P200 fine not exceeding
P5,000
No similar provision Disputes arising from the
workplace where the
contending parties are
employed or at the
institution where such
parties are enrolled for
study, shall be brought in
the brgy where such
workplace or institution is
located
No similar provision Prescriptive periods of
offenses suspended
during the pendency of
complaint in court.
 Initiatory pleadings, if filed without
compliance with the precondition MAY be
dismissed on motion of any interested
party on the ground that it fails to state a
cause of action. [Wingarts vsMejia (1995)]
 How should the averments be made?
Failure to specifically allege the fact that
there was no compliance with the
barangay conciliation procedure
constitutes a waiver of that defense.
General averments are not enough.
[Corpuz vs CA (1997)]
 An undated certification that merely states
that the case was set for hearing before
the barangay but the parties failed to
reach an amicable settlement is not the
POLITICAL LAW REVIEWER
contemplated Barangay Certification to
File Action. [Mendova vs Afable(2002)]
3) In all KP proceedings, the parties must appear
IN PERSON without the assistance of counsel
or representative.
EXCEPTION: Minors and incompetents may
be assisted by their next-of-kin who are NOT
lawyers.
 The Certification to file was improperly
and prematurely issued. No personal
confrontation before a duly constituted
Pangkat took place. [Bonifacio Law
Office vs Belosillo (2002)]
Officers Involved
1. Lupong Tagapamayapa.
i. It is composed of the punong barangay
as chairman and 10 to 20 members. It is
constituted every 3 years.
ii. Powers:
1. Administrative supervision over the
conciliation panels
2. Meet monthly to provide a forum for
exchange of ideas among its
members and the public of matters
relevant to the amicable settlement
of disputes, and to enable various
conciliation panel members to share
with one another their observations
in effecting speedy resolutions of
disputes
3. Other powers and duties as may be
prescribed by law or ordinance
2. Pangkat ng Tagapagkasundo.
 There shall be constituted for each
dispute brought before the lupon a
conciliation panel
 Consisting of 3 members who shall be
chosen by the parties to the dispute
from the members of the lupon.
 If the parties cannot agree on the
pangkat membership, the same shall be
determined by lots drawn by the lupon
chairmen
Effect of the settlement agreement and
arbitration award
 The amicable settlement and arbitration
award shall have the force and effect of a
final judgment unless repudiation of the
settlement has been made or a petition to
nullify the award has been filed before the
proper city or municipal court (Section 416)
Chapter VIII. LOCAL GOVERNMENT UNITS
 REPUDIATION of the settlement agreement
may be made by any party to the dispute
within 10 days from the date of settlement
- file with the lupon Chairman a statement
to that effect sworn to before him
- may be made when consent is vitiated
by:
a) fraud
b) violence
c) intimidation
- it shall be sufficient basis for issuance of
the certification for filing a complaint
2. Sangguniang Kabataan
LGC Sec. 423-439
Creation and Composition
There shall be in every barangay a sangguniang
kabataan to be composed of a chairman, seven
members, a secretary and a treasurer. An official 311
who, during his term of office, shall have passed
LOCAL GOVERNMENT LAW
the age of 21 shall be allowed to serve the
remaining portion of the term for which he was
elected.
 RA 9164 (2002) amended Sec. 424 and 428 of
the LGC by lowering the maximum age of the
members of the Katipunan ng Kabataan and
elective officials of the Sangguniang Kabataan
from 21 to 18 years of age.
 An elective official of the Sangguniang
Kabataan should not be more than 21 years
(now 18 years) of age on the day of his
election. “Not more than 21 years old” is not
equivalent to “less than 22 years old.”
[Garvida v. Sales (1997)]
 SK membership is not a property right
protected by the Constitution. It is only a
statutory right conferred by law. Congress may
amend at any time the law to change or even
withdraw the statutory right. [Montesclaros vs
Comelec (2002)]
B. The Municipality
LGC Sec. 440-447
Quick Facts about the Municipality
May be created, divided, merged, abolished only by
Congress subject to the approval by a majority of he
votes cast in a plebiscite in the LGU directly affected.
Requisites for creation:
a. Ave. Annual income: 2.5M for the last 2 years;
b. Population: At least 25K
c. Territory: 50 square kilometers
POLITICAL LAW REVIEWER
d. Creation must not reduce land area,
population or income of original municipality at
the time of said creation to less than minimum
requirements prescribed therein.
 The municipal mayor has the authority to
issue permits and licenses for the holding of
activities for any charitable or welfare
purpose [LGC444(b)(3)]. [Olivarez v.
Sandiganbayan (1995)]
 The municipal mayor does not have the
power to issue warrants of arrest. The power
vested by the previous LGC was repealed
by the Consti. [Munez vs Arino (1995)]
 The Sangguniang Bayan has the power to
provide for the establishment and
maintenance of public markets in the
municipality. Here, the SB merely mentioned
the plan to acquire the lot for expansion of
the public market adjacent thereto. Until
there is proper expropriation, the landowner
cannot be deprived of his right over the land.
[Greater Balanga vs Mun of Balanga (1994)]
C. The City
LGC Sec. 448-458
Quick Facts about the City
May be created, divided, merged, abolished only by
Congress subject to the approval by a majority of he
votes cast in a plebiscite in the LGU directly affected.
Requisites for creation:
(i) Ave. Annual income: at least 100M for the last
2 consecutive years (Section 450 of LGC was
amended by RA 9009)
- and either one of the following requisites:
(ii) Population: Not less than 150K
(iii) Territory: 100 square kilometers
* Creation must not reduce land area,
population or income of original
municipality at the time of said creation to
less than minimum requirements
prescribed therein.
Authority over Officers
 The Sangguniang Panlungsod has no
authority to issue subpoenas and punish non-
members for legislative contempt. The
contempt power of the legislature is sui
generis and local legislative bodies cannot
correctly claim to possess it for the same
reasons that the national legislature does. The
power to subpoena witnesses and punish non-
members for contempt may not also be implied
in the delegation of legislative power as such
partake of a judicial nature. [Negros Oriental II
Electric Cooperative v. Sangguniang
Panlungsod (1987)]
Chapter VIII. LOCAL GOVERNMENT UNITS
 DBM cannot control amount a city wants to
give its judges as allowance, as long as city
has money to do so. [Dadole v. COA (2002)]
Licenses and Permits
 A permit issued by the mayor to a drugstore
not previously cleared with and licensed by the
FDA will be a nullity. However, the issuance of
a mayor’s permit is not mandatory once it is
shown that the FDA has licensed the operation
of the applicant. The city mayor may only
revoke the permits issued for violation of the
local requirements imposed, not with the
requirements of general laws and
implementing administrative rules. [Gordon v.
Veridiano II (1988)]
 Distinction must be made between the grant of
a license or permit to do business and the
issuance of a license to engage in the practice
of a particular profession. A business permit
cannot, by the imposition of conditions, be
used to regulate the practice of a profession.
[Acebedo Optical v. CA (2000)] 312
LOCAL GOVERNMENT LAW
License/permit to do License to engage in a
business profession
Granted by the local Board or Commission
authorities tasked to regulate the
particular profession
Authorizes the person to Authorizes a natural
engage in business or person to engage in the
some form of commercial practice or exercise of his
activity or her profession
NOTE: The power to issue licenses and permits
necessarily includes the power to revoke, withdraw
or restrict through the imposition of certain
conditions. However, the conditions must be
reasonable and cannot amount to an arbitrary
interference with the business.
 The power to suspend or revoke licenses
and permits is expressly premised on the
violation of the conditions of these permits.
 The mayor has the power to inspect and
investigate private commercial
establishments for any violation of the
conditions of their licenses and permits, but
he cannot order a police raid in the guise of
inspecting the establishments. [Lim vs
Garaybas (2002)]
 Only the Sanggunian, not the mayor of the
city, has the power to allow cockpits, stadiums,
etc. Without an ordinance, he cannot compel
mayor to issue him a business license. [Canet
v. Dacena (2004)]
Cityhood laws
 RA 9009 increased the income threshold in
the creation of a city to P100 million, and in
effect amending Sec 450 of the LGC.
 A number of municipalities had pending
cityhood bills (stating that they will be
POLITICAL LAW REVIEWER Chapter VIII. LOCAL GOVERNMENT UNITS

exempt from the increase in income

requirement) before the passage of RA
9009.
 The Court held that RA 9009 will not apply
to said municipalities. It states that the
intention of the law was to exempt
municipalities: (1) that had pending cityhood
bills before the passage of RA 9009, and (2)
that were compliant with the old income
threshold.
 There is a valid classification as between
the municipalities with and without the
cityhood bills.
 DISSENT: (1) The new income threshold
should be applied prospectively, (2) the
Constitution requires that Congress shall
prescribe all the criteria for the creation of a
city in the LGC and NOT in any other law,
including Cityhood laws, (3) RA 9009 is
clear and unambiguous (no need to look at
th
intent of 11 Congress), (4) the Cityhood
laws violate the equal protection clause. 313
[League of Cities vs Comelec (2009)]

LOCAL GOVERNMENT LAW

D. The Province
LGC Sec. 459-469
Quick Facts about the Province
May be created, divided, merged, abolished only by
Congress subject to the approval by a majority of he
votes cast in a plebiscite in the LGU directly affected.

Requisites for creation:

(i) Ave. Annual income: 20M
(ii) Population: Not less than 250K
(iii) Territory: 2K square kilometers
(iv) Creation must not reduce land area,
population or income of original municipality at
the time of said creation to less than minimum
requirements prescribed therein
POLITICAL LAW REVIEWER Chapter IX. MISCELLANEOUS and FINAL PROVISIONS

Chapter IX. Miscellaneous and Final C. Provisions for Implementation

Provisions
Mandatory review every 5 years.
A. POSTING AND PUBLICATION OF S521, LGC
ORDINANCES WITH PENAL SANCTIONS  Congress shall review LGC at least once
B. PENALTIES FOR VIOLATION OF TAX every 5 years and as often as it may deem
ORDINANCES necessary;
C. PROVISIONS FOR IMPLEMENTATION  Primary purpose: Providing a more
responsive and accountable local
A. Posting and Publication of government structure.
Ordinances with Penal Sanctions
Transitory Provisions
Sec. 511, LGC LGC Sec. 538
 General rule: Ordinances with penal Deconcentration of Requisite Authority and
sanctions shall be: Power
(1) posted at prominent places in the  6 months after the effectivity of LGC, the
provincial capitol or national government shall effect the
city/municipal/barangay hall for at least deconcentration of requisite authority and
3 consecutive weeks; & power
(2) published in a newspaper of general o to appropriate regional offices or field
circulation (if available) within the offices of national agencies or offices 314
territorial jurisdiction of the LGU; (major functions are not devolved to

LOCAL GOVERNMENT LAW

Exception: Barangay ordinances. LGUs)

 For publication, the secretary to the LGC Sec. 539

sanggunian shall transmit official copies of
ordinances to the Official Gazette chief
executive office, within 7 days following the
approval of the ordinance. OG may publish
ordinances with penal sanctions for archival
and reference purposes.
 Effectivity of ordinances with penal
sanctions: On the day following its
publication, or at the end of the period of
posting, whichever occurs later.
Exception: Ordinance provides otherwise.
Tax Ordinances or Revenue Measures
 All existing tax ordinances or revenue
measures of LGUs shall continue to be in
force and effect after the effectivity of this
Code UNLESS
o amended by the sanggunian concerned
o or inconsistent with, or in violation of,
the provisions of LGC

 Effect of public officer/EE violating an

ordinance: Administrative disciplinary action,
without prejudice to civil/criminal action.

B. Penalties for Violation of Tax

Ordinances
Sec. 516, LGC
 LGU sanggunian is authorized to prescribe
penalties for violation of tax ordinances:
(1) Fines should be at least P1,000 but not
more than P5,000;
 Exception: Sangguniang barangay
may prescribe a fine of at least
P100 but not more than P1,000.
(2) Imprisonment should be at least 1
month but not more than 6 months.
 Penalties are imposed at the discretion of
the court.
POLITICAL LAW REVIEWER Chapter X. APPLICATION of LGC to Autonomous Regions and Other Entities
Chapter X. Application of LGC to
Autonomous Regions and Other Entities
I. AUTONOMOUS REGION IN MUSLIM
MINDANAO
II. CORDILLERA ADMINISTRATIVE REGION
III. THE METROPOLITAN MANILA
DEVELOPMENT AUTHORITY
LGC Sec. 526
Application of this Code to Local Government
Units in the Autonomous Regions
 LGC applies to all provinces, cities,
municipalities and barangays in the
autonomous regions until such time as the
regional government has enacted its own
LGC.
I. The Autonomous Region in Muslim
Mindanao
Article X Section 15 1987 Constitution: There
shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities and
geographical areas sharing common and
distinctive historical and cultural heritage,
economic and social structures and other
relevant characteristics within the framework of
this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the
Philippines
Nature
 The autonomous governments of Mindanao
involved in this case were created by PD
1618, even before the 1987 Const. They
were never meant to exercise the kind of
autonomy wherein the central government
commits an act of self-immolation. In fact,
PD 1618 mandates that the “President shall
have the power of general supervision and
control over Autonomous Regions. [Limbona
v. Mangelin (1989)]
 The idea behind the Consti provisions for
autonomous regions is to allow the separate
development of peoples with distinct
cultures and traditions. [Discomangcop vs
Datumanong (2004)]
 The creation of autonomous regions
does not signify the establishment of a
sovereignty distinct from the Republic,
as it can only be installed within the
framework of the Consti and national
sovereignty. [supra]
 Regional autonomy refers to the
granting of basic internal government
powers to the people of a particular area
or region with LEAST control and
supervision from the central
government. [supra]
NOTE: Under Sec. 16, Art. X of the Const.,
“The President shall exercise general
supervision over autonomous regions to ensure
that the laws are faithfully executed.”
Effect
 Through the passage of the Organic Act of
2001 (RA 9054), the devolved powers and
functions under the LGC could now be
applied to the ARMM. This means that the
powers and functions of a Provincial
Governor under the LGC are now enjoyed,
as a minimum, by a Provincial Governor in
the ARMM. [Pandi v. CA (2002)]
315
LOCAL GOVERNMENT LAW
II. Cordillera Administrative Region
EO. 220: Act Creating the Cordillera
Administrative Region
RA 6766: Organic Act of Cordillera Autonomous
Region
 In the plebiscite held pursuant to RA 6766,
the creation of the Cordillera Autonomous
Region was rejected by all the provinces
and city of the Cordillera region except
Ifugao province. Hence, the Cordillera
Autonomous region did not come to be.
[Ordillo vs Comelec (1990)]
 The Cordillera Administrative Region is not a
public corporation or a territorial and political
subdivision. It does not have a separate
juridical personality, unlike provinces, cities
and municipalities. Neither is it vested with
the powers that are normally granted to
public corporations, e.g. the power to sue
and be sued, the power to own and dispose
of property, the power to create its own
sources of revenue, etc.
The CAR was created primarily to
coordinate the planning and implementation
of programs and services in the covered
areas. The creation of administrative regions
for the purpose of expediting the delivery of
services. [Cordillera Broad Coalition v. COA
(1990)]
POLITICAL LAW REVIEWER Chapter X. APPLICATION of LGC to Autonomous Regions and Other Entities

III. The Metropolitan Manila system to regulate road users, traffic

Development Authority engineering services and traffic
education programs, including the
RA 7924 (1995): An act creating the MMDA, institution of a single ticketing
defining its powers and functions, providing system in MM
funds therefor and for other purposes 3. Solid waste disposal and
management
 Metro Manila is constituted into a special 4. Flood control and sewerage
development and administrative region management
subject to direct supervision of the 5. Urban renewal, zoning, and land
President. use planning, and shelter services
6. Health and sanitation, urban
 Cities covered: protection and pollution control
 Caloocan 7. Public safety which include:
 Manila  the formulation and
 Mandaluyong implementation of programs and
 Makati policies to achieve public safety,
 Pasay especially preparedness for
 Pasig preventive or rescue operations
 Quezon, and during times of calamities and
 Muntinlupa (marikina? Taguig?) disasters,
 coordination and mobilization of 316
 Municipalities covered: resources and the

LOCAL GOVERNMENT LAW

 Las Piñas
 Malabon
 Marikina
 Navotas
 Parañaque
 Pateros
 San Juan
 Taguig
 Valenzuela
 The MMDA shall:
 perform planning, monitoring and
coordinative functions, and
 exercise regulatory and supervisory
authority over the delivery of metro-wide
services within Metro Manila
 without diminution of the autonomy of
the LGUs concerning purely local
matters.
 Scope of MMDA Services
Services which
 have metro-wide impact and transcend
local political boundaries or
 entail huge expenditures such that it
would not be viable for said services to
be provided by the individual LGUs
comprising MM including:
1. Development planning, investments
programming, and coordination and
monitoring of plan, program and
project implementation
2. Transport and traffic management,
provision for the mass transport
system and the institution of a
implementation of contingency
plans for the rehabilitation and
relief operations in coordination
with national agencies
concerned.
 The MMDA is not a political unit of the
government. It has no police power. There is
no grant of authority to enact ordinances
and regulations for the general welfare of
the metropolis.
 The MMDA is not even a "special
metropolitan political subdivision" as
contemplated in Section 11, Article X of the
Constitution. The creation of a "special
metropolitan political subdivision" requires
the approval by a majority of the votes cast
in a plebiscite in the political units directly
affected. R. A. No. 7924 was not submitted
to the inhabitants of Metro Manila in a
plebiscite. The Chairman of the MMDA is
not an official elected by the people, but
appointed by the President with the rank and
privileges of a cabinet member. In fact, part
of his function is to perform such other
duties as may be assigned to him by the
President, whereas in LGUs, the President
merely exercises supervisory authority. This
emphasizes the administrative character of
the MMDA. [MMDA v. Bel Air Village
Association (2000).]
 Sec. 5(f) of RA 7924 grants the MMDA the
duty to enforce existing traffic rules and
regulation. Thus, where there is a traffic law
POLITICAL LAW REVIEWER Chapter X. APPLICATION of LGC to Autonomous Regions and Other Entities

or regulation validly enacted by the

legislature or those agencies to whom
legislative powers have been delegated,
MMDA is not precluded—and is in fact duty-
bound—to confiscate and suspend or
revoke driver’s license in the exercise of its
mandate of transport and traffic
management, as well as administration and
implementation of all traffic enforcement
operations, traffic engineering services and
traffic education programs.
 This is consistent with the ruling in Bel Air
that the MMDA is a development authority
for the purpose of laying down policies and
coordinating with the various national
government agencies, people’s
organizations, NGOs and the private sector,
which may enforce, but not enact,
ordinances. [MMDA v. Garin]

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- end of Local Government Law –

- end of Political Law –