Documente Academic
Documente Profesional
Documente Cultură
SECTION 48: LOCAL LEGISLATIVE POWER The due process clause requires that a city ordinance must be definite and certain in its statement of
prohibited conduct to enable persons of ordinary intelligence who read the ordinance to understand
VALIDITY OF AN ORDINANCE what activity is proscribed and govern their actions accordingly.
For an ordinance to be valid, it must not only be within the corporate powers of the municipal
corporation to enact but must also be passed according to the procedure prescribed by law, and must The following 2 inquiries are appropriate when determining whether an ordinance is invalid for
be in consonance with principles of a substantive nature. vagueness:
1) Whether the ordinance gives fair warning to those persons potentially subject to it
These principles require that a municipal ordinance: 2) Whether the ordinance adequately guards against arbitrary and discriminatory
1) Must not contravene the Constitution or any statute enforcement
2) Must not be unfair or oppressive
3) Must not be partial or discriminatory ORDINANCE UNDER EXPRESS AND SPECIFIC POWER
4) Must not prohibit but may regulate trade An ordinance will be sustained, regardless of the opinion of the court respecting its reasonableness,
5) Must be general and consistent with public policy where its terms and provisions are expressly and specifically authorized by charter or statutory
6) Must not be reasonable authority, where it is not inconsistent with the Constitution, treaties or laws, and where the power to
enact it has been substantially followed and exercised in a reasonable manner.
PRESUMPTION OF VALIDITY - The reason for the rule is found in the principle that questions of wisdom and expediency
An ordinance is presumed to be valid where it has reference to a subject matter which is within the in authorizing a municipality to enact certain legislation are for the legislature and not the
corporate jurisdiction, unless the contrary appears on the face of the ordinance itself. courts
“NOT IN PROHIBITION OF TRADE” A respondent is said to be exercising judicial functions where he has the power to determine what
There must be some logical connection between the object sought to be accomplished by an the law is and what the legal rights of the parties are, and then undertakes to determine these
ordinance regulating a business or trade and the means prescribed to accomplish the end; otherwise, questions and adjudicate upon the rights of the parties.
the ordinance is unreasonable and void. The fact that economic hardships may result from the
enforcement of an ordinance adopted for the protection of the public health, safety, or welfare does Quasi-judicial function:
not affect its constitutional validity unless the ordinance is shown t be clearly unreasonable or - A term which applies to the actions, discretion, etc., of public administrative officers or
discriminatory. bodies required to investigate facts or ascertain the existence of facts, hold hearings, and
draw conclusions from them as a basis for their official action and to exercise discretion
JUDICIAL REVIEW OF VALIDITY OF ORDINANCES of a judicial nature
The courts have power to determine the validity of an ordinance. This includes preelection review of
initiatives and referenda. When courts are called upon to determine the constitutionality of a local Before a tribunal, board, or officer may exercise judicial or quasi-judicial acts, it is necessary that
act, they must proceed from the presumption that the local act is constitutional and valid. Such there be a law that gives rise to some specific rights of persons or property under which adverse
power of the court is not restricted or limited by any recitals in the ordinances of purpose and reason claims to such rights are made, and the controversy ensuing therefrom is brought before a tribunal,
for its enactment; such recitals are not controlling on the court. board, or officer clothed with power and authority to determine the law and adjudicate the respective
rights of the contending parties.
The extent of the power of the courts in connection with municipal affairs is to see that the
limitations existing under or powers granted by the Constitution and the laws are not transcended. POWER TO REPEAL ORDINANCE
The power of a court to pass upon the validity of an ordinance is restricted to ordinances enacted General rule: Power to enact ordinances implies power, unless otherwise provided in the grant, to
under general, implied or incidental powers. repeal them.
A court generally has no power to pass upon the validity of the ordinance except as that validity is A municipal corporation can repeal an ordinance only by an act of equal dignity, that is, by an
involved in a determination of the constitutionality of the charter or statutory provision authorizing ordinance, and not by methods not passed and published with the same formality as is required of an
the ordinance. ordinance. To accomplish the repeal of an ordinance by a later ordinance there must either be
language employed in the later ordinance expressly declaring the intention to repeal the earlier
DECLARATORY RELIEF language, or there must exist in the subsequent ordinance language so inconsistent with the
Rule 63 of the Rules of Civil Procedure governs petitions for declaratory relief. Notification of the provisions of the former as to necessarily effect a repeal by implication.
Solicitor General where the ordinance is alleged to be unconstitutional is a matter left to the
“discretion” of the Court. In as much as the requirement is not mandatory but discretionary, non- IMPLIED REPEALS
compliance does not affect the jurisdiction of the court or the validity of the proceedings therein. Implied or constructive repeals are not favoured by the courts and are to be avoided, where possible,
by any reasonable construction; the rule is applicable to municipal ordinances as well as to statutes.
INJUNCTION
A municipality’s good faith exercise of its lawmaking power ordinarily will not be restrained or In the absence of an express repeal, the indication of an intention to effect a repeal of prior
interfered with by a court of equity, and therefore, the passage of an ordinance or resolution within legislation must be clear and compelling. Repeals by implication may be found only when there is an
the scope of the corporate powers will not be judicially questioned or restrained by injunction. irreconcilable conflict between the two laws or ordinances or when reasonable construction can lead
to no other result.
The proper remedy in such cases is by injunction to prevent the execution or enforcement of the
irregular action. However, an injunction may issue in cases where the mere passage of an ordinance INTERPRETATION OF ORDINANCES
or resolution beyond the scope of the corporate power, without any action or attempt to enforce it, In general, municipal ordinances are to be construed by the same rules that govern the construction
would instantly produce irreparable injury. of statutes.
CERTIORARI NOT PROPER REMEDY However, courts in many instances have held that ordinances are especially entitled to a more
For a writ of certiorari to issue, the ff. requisites must concur: reasonable construction because they are usually less carefully expressed than other laws.
1) It must be directed against a tribunal, board, or officer exercising judicial or quasi-
judicial functions SANGGUNIAN DOES NOT POSSESS CONTEMPT OR SUBPOENA POWER
2) The tribunal, board, or officer must have acted without or in excess of jurisdiction or with The contempt power of the legislature, is, therefore, sui generis, and local legislative bodies cannot
grave abuse of discretion amounting lack or excess of jurisdiction correctly claim to possess it for the same reasons that the national legislature does.
3) There is no appeal or any plain, speedy, and adequate remedy in the ordinary course of
law Absent a constitutional or legal provision for the exercise of these powers, the only possible
justification for the issuance of a subpoena and for the punishment of non-members of the
contumacious behaviour would be for said power to be deemed implied in the statutory grant of
delegated legislative power. But, the contempt power and the subpoena power partake of a judicial REGULATION OF PROFESSION
nature. They cannot be implied in the grant of legislative power. Neither can they exists as mere
incidents of the performance of legislative functions. To allow local legislative bodies or GRANT OF A LICENSE/PERMIT TO DO ISSUANCE OF A LICENSE
administrative agencies to exercise these powers without express statutory basis would run afoul of BUSINESS
the doctrine of separation of powers. Usually granted by the local authorities Issued by the Board or Commission tasked to
regulate the particular profession
POWER TO LICENSE Authorizes the person, natural or otherwise, to The grant of authority to a natural person to
The municipal license is essentially a governmental restriction upon private rights and is valid only engage in business or some form of commercial engage into the practice or exercise of his or her
if based upon an exercise by the municipality of its police or taxing powers. The right or privilege activity profession
involved is one that naturally inheres in persons but which the municipality has by law restricted,
and which by means of a license it restores or partially restores to the individual. A city mayor cannot, through the issuance of such permit, regulate the practice of a profession. Such
a function is within the exclusive domain of the administrative agency specifically empowered by
POWER TO LICENSE AS POWER TO PROHIBIT law to supervise the profession.
The power of regulation and licensing may constitute or imply power to prohibit businesses or
activities that are inherently or potentially of menace to the public welfare, health, safety, morals or LICENSES NOT ESTOPEED TO QUESTION VALIDITY
order. However, the existence of power to license involves power to prohibit an activity, use, or A license or permit is not in the nature of a contract but a special privilege.
thing without a license, and to impose a penalty for violation of the prohibition.
TERRITORIAL LIMITATIONS ON OPERATION OF ORDINANCES
NATURE OF LICENSE Municipal ordinances are necessarily local in their application. Usually they operate only in the
There is no contract or vested right or property in a license or permit as against the power of the state territory of the municipality by which they are enacted and can have no force beyond it without a
or a municipality to revoke it for cause or in the existence of the police power to protect the public grant of power.
health, safety, morals or welfare.
SECTION 49: PRESIDING OFFICER
DELEGATION OF LICENSING POWER
Power to license and fix rates vested in the municipal legislative body cannot be delegated. EFFECT OF VICE-MAYOR, ETC. STATUS AS PRESIDING OFFICER
Where the presiding officer or mayor is a member of the council or governing body, unless expressly
The general rule is that administrative but not legislative powers can be delegated to boards or forbidden by law, it is generally held that he may not only vote on all questions as a constituent
officials relative to licenses and permits. Administrative municipal licensing authorities have no member, but where the charter gives him a casting vote in event of a tie, may vote the second time.
power to declare a legislative policy or to create standards with respect to the granting or denial of a
license. He may be without vote except in the case of a tie as where he is merely the executive or presiding
officer and not a member. In such case, his vote cannot be counted in determining whether or not
AMOUNT OF LICENSE FEE there is a majority vote, nor can he vote so as to make a tie and then give the casting vote. He gives
The grant to a municipal corporation of the power to license implies power to impose a license fee or the casting vote, where he is empowered to do so, only in the event of a tie vote.
tax unless this is specifically withheld in the grant. If the power is granted for revenue purposes,
generally the amount of the tax is left to the discretion and judgment of municipal authorities; but if PRESIDING OFFICERS AND DETERMINATION OF QUORUM
it be given as a police power for regulation merely, the amount of the tax or fee must be limited to As the presiding officer, the vice-mayor can vote only to break a tie. In effect. The presiding officer
approximately the cost of regulation. votes when it matters the most, that is, to break a deadlock in the votes. Clearly, the vice-mayor, as
presiding officer, is a “member” of the Sangguniang Panlungsod considering that he is mandated
POWER TO REVOKE LICENSE under Section 49 of RA 7160 to break a tie.
Municipal corporations that have issued license or permits have power and discretion to revoke them
for good cause, either under express or necessarily implied power. Municipal power and discretion SECTION 50: INTERNAL RULES OF PROCEDURE
in this respect ordinarily is not absolute but depends upon the terms of pertinent statutes and
ordinances and the nature of the business or activity for which the license or permit was issued. INTERNAL RULES OF PROCEDURE
In the absence of legal provisions or restrictions, a municipal legislative body mat, from time to
WHERE POWER TO ISSUE/REVOKE PERMIT ALSO GOVERNED BY NATIONAL LAW time, adopt and change, abolish, suspend, modify, or waive its own rules or parliamentary usage as
Page 164 to procedure. This also may be done by implication, when action is had not in accordance therewith.
MODE OF LEGISLATIVE ACTION would lead to absurd results since the adoption or updating would necessarily entail work beyond the
Legislative action must ordinarily be by ordinance, bylaw, or resolution, or its equivalent. Where the day of the first regular session and this would tie the hands of the local council such that it could not
charter provides that the action of the legislative body shall be by ordinance or resolution, it must act work on any other matter.
in the manner prescribed. Where no particular method of action is pointed out, any form of
procedure which the council may adopt in expressing its determination if such action is made to SANGGUNIAN HAS NO CONTEMPT POWER
appear in the record of the proceedings in some written permanent form, as by the record in the The contempt power of the legislature is sui generis and local legislative bodies cannot correctly
minutes of an oral motion on the vote, or by a motion adopting the recommendation of a council claim to possess it for the same reasons that the national legislature does. The power attaches not to
committee. the discharge of legislative functions per se but to the character of the legislature as one of the three
independent and coordinate branches of government.
NUMBER OF READINGS REQUIRED
It appears that a three reading requirement may be inferred from Section 5 of the Code which The only possible justification for the issuance of a subpoena and for the punishment of non-
provides that disclosures of business and financial interests must be made by a sanggunian member members for contumacious behaviour would be for said power to be deemed implied in the statutory
before voting for the ordinance or resolution on second and third readings. grant of delegated legislative power. But, the contempt power and the subpoena power partake of a
judicial nature. They cannot be implied in the grant of legislative power. Neither can they exist as
Article 107 of the Rules and Regulations Implementing the LGC provides that a resolution must be mere incidents of the performance of legislative functions. To allow local legislative bodies or
enacted in the same manner prescribed for an ordinance, except that it need not go through a third administrative agencies to exercise these powers without express statutory basis would run afoul of
reading for its final consideration unless decided otherwise by a majority of all the sanggunian the doctrine of separation of powers.
members.
SECTION 51: FULL DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS OF
RATIFICATION OF ACTS SANGGUNIAN MEMBERS
A governmental body may effectively ratify what it could previously have lawfully authorized.
Ratification after the act is said to be as potent as authority before the act. However, ratification must SECTION 52: SESSIONS
be made with the same formalities required for the original exercise of power. There can be no legal
confirmation or ratification of ultra vires acts, nor of acts under a void law. “QUORUM” DEFINED
That number of members of a body which, when legally assembled in their proper places
RESCISSION OF ACTS will enable the body to transact its proper business or that number which makes a lawful
The legislative body of the corporation, or any of its boards or departments, possesses the body and gives it power to pass upon a law or ordinance or do any valid act
unquestioned power to rescind prior acts, and votes at any subsequent time until the act or vote is
complete, provided vested rights are not violated, and that such rescission is in conformity to the law BASE FOR QUORUM
applicable and the rules and regulations adopted for the government of the body. Majority means the number greater than half or more than half of any total.
PURPOSE OF ARREST SECTION 56: REVIEW OF COMPONENT CITY AND MUNICIPAL ORDINANCES OR
To compel their attendance at the session of the sanggunian, not to prosecute him criminally. RESOLUTIONS BY THE SANGGUNIANG PANLALAWIGAN
SECTION 58: ENFORCEMENT OF DISAPPROVED ORDINANCES OR RESOLUTIONS SECTION 61: FORM AND FILING OF ADMINISTRATIVE COMPLAINTS
SECTION 59: EFFECTIVITY OF ORDINANCES OR RESOLUTIONS
CONFLICTING PROVISIONS ON VENUE
PROVISIONS ON PUBLICATION AND NOTICE ARE MANDATORY This provision provides that complaints against elective officials of component cities shall be filed
Provisions respecting publication and sufficient notice of ordinances and resolutions are mandatory, with the Office of the President. These sections indicate that component cities are subject to the
and failure to publish or give notice, or to do so substantially in the manner prescribed, renders them disciplinary jurisdiction of the province to which they belong.
void. These requirements are mandatory where publication or notice is made a prerequisite to the
ordinance taking effect. Senator Pimentel believes that the best way to reconcile the conflicting provisions of the Code is to
allow the filing of cases against elective officials with the Office of the President which may conduct
SUBSTANTIAL COMPLIANCE a preliminary assessment of the merits of the case.
Charter and statutory provisions governing the mode and manner of publication must be
substantially followed. The time, place, and manner of publication or notice of ordinances must be in QUANTUM OF PROOF REQUIRED
substantial compliance with governing provisions. Slight inaccuracies or departures from the The quantum of proof required in suspension or removal from office through an administrative cases
prescribed mode and manner of publication or notice of ordinances, where the irregularities are not is only substantial evidence and not proof beyond reasonable doubt.
misleading, do not render the publication, notice or the ordinance void.
VERIFICATION REQUIREMENT
SECTION 60: GROUNDS FOR DISCIPLINARY ACTIONS The requirement of verification in the Code is a formal, not a jurisdictional requisite. It is mainly
intended to secure an assurance that the allegations therein made are done in good faith or are true
COMMISSION OF ANY OFFENSE INVOLVING MORAL TURPITUDE and correct and not mere speculation.
This section provides that the mere commission of an offense involving moral turpitude or
punishable by at least prision mayor is a ground for disciplinary action. Conviction by final SECTION 62: NOTICE OF HEARING
judgment before a court of law is not necessary. SECTION 63: PREVENTIVE SUSPENSION
c) The respondent’s continued stay in office may prejudice the case filed against SECTION 67: ADMINISTRATIVE APPEALS
him
EXHAUSTION OF ADMINISTRATIVE REMEDIES
A preventive suspension can be decreed on an official under investigation after charges are brought The remedy of appeal to the Office of the President was available to petitioner. Since appeal was
and even before the charges are heard since the same is not in the nature of penalty but merely a available, resort to filing a petition for certiorari, prohibition and mandamus with the Court of
preliminary step in an administrative investigation. Appeals under Rule 65, was inapt.
MEANING OF PERCENTAGE REQUIREMENTS 2) To permit them to retire from the service with relative security, not only for those who
Section 69(d) requires the petition to be filed, not only by one person, but by at least 25% of the total have retained their vigor, but more so for those who have been incapacitated by illness or
number of registered voters. While the initiatory recall petition may not yet contain the signatures of accident
at least 25% of the total number of registered voters, the petition must contain the name of at least
25% of the total number of registered voters in whose behalf only one person may sign in the SECTION 77: RESPONSIBILITY FOR HUMAN RESOURCES AND DEVELOPMENT
meantime.
SECTION 78: CIVIL SERVICE LAW, RULES AND REGULATIONS, AND OTHER
SECTION 71: ELECTION ON RECALL RELATED ISSUANCES
SECTION 72: EFFECTIVITY OF RECALL
SECTION 73: PROHIBITION FROM RESIGNATION RESIGNATION AND ABANDONMENT
SECTION 74: LIMITATIONS ON RECALL
Resignation:
“REGULAR LOCAL ELECTION” DEFINED - The act of giving up or the act of an officer by which he declines his office and renounces
Refers to the election where the office held by the local elective official sought to be the right to further use it
recalled will be contested and be filled by the electorate
Requirements:
Regular election can only refer to an election participated in by those who possess the right of 1) Intention to relinquish a part of the term
suffrage. Also, regular local election refers to the date of the election not to the election period or 2) Act of relinquishment
campaign period. 3) An acceptance by the proper authority
MEANING OF “RECALL” IN PROVISION Even if the resignation is not valid, a public officer may be deemed to have relinquished his office
Refers to the recall election and not to the preliminary proceedings to initiate recall: due to his voluntary abandonment of said post.
1) Because Section 74 speaks of limitations on “recall” which, according to Section
69, is a power which shall be exercised by the registered voters of a local Abandonment of an office:
government unit. - The voluntary relinquishment of an office by the holder with the intention of terminating
2) Because the purpose of the first limitation in paragraph (b) is to provide voters a his possession and control thereof
sufficient basis for judging an elective local official
3) Because to construe the limitation would unduly curtail freedom of speech and of Abandonment:
assembly - A species of resignation; while a Resignation in general is a formal relinquishment
On the other hand, a pension partakes of the nature of “retained wages” of the retiree for a dual The Commission is empowered to take appropriate action on all appointments and other personnel
purpose: actions and that such power “includes the authority to recall an appointment initially approved in
1) To entice competent people to enter the government service disregard of applicable provisions of Civil Service law and regulations.”
NO PRIOR NOTICE WHERE EMPLOYEE CONTINUOUSLY ABSENT The Ombudsman or his Deputy may impose preventive suspensions where, in his judgment, the
No prior notice is required to be given to an employee who has been continuously absent without following requisites concur:
approved leave for at least 30 days before dropping him from the rolls. 1) The evidence of guilt is strong
2) Any of the following circumstances are present
If the termination was based solely on the certification of the Personnel Office regarding the absence a) The charge against such offer or employee involves dishonesty, oppression, or
without leave and the employee contests the same, arguing that: grave misconduct
1) The Personal officer who prevented him from signing the logbook b) The charges would warrant removal from the service
2) States under oath that there was no notice and hearing in the CSC, c) The respondent’s continued stay in office may prejudice the case filed against him
o The case should be remanded to the Commission for further proceedings
A preventive suspension can be decreed on an official under investigation after charges are brought
PROCEDURE FOR JUDICIAL REVIEW OF DECISIONS OF THE CSC and even before the charges are heard since the same is not in the nature of penalty but merely a
The special civil action for certiorari under Rule 65 of the Rules of Court will lie only if there is no preliminary step in an administrative investigation.
appeal or any plain, speedy or adequate remedy in the ordinary course of law.
DESIGNATON NOT PREREQUISITE FOR PREVENTIVE SUSPENSION
Revised Administrative Circular provides for an appeal to the Court of Appeals from the The designation of a replacement is not a requisite to give effect to a preventive suspension under
judgements, final orders or resolutions of the CSC. the Civil Service Law.
Section 4 mandates that the appeal be taken within 15 days from notice of the denial of the motion SECTION 86: ADMINISTRATIVE INVESTIGATION
for reconsideration duly filed in accordance with the governing law of the court or agency a quo.
SECTION 87: DISCIPLINARY JURISDICTION
SECTION 79: LIMITATIONS TO APPOINTMENTS
WHERE POWER TO DISCIPLINE VESTED GENERALLY
DEGREE OF CONSANGUINITY OR AFFINITY IS NARRATION OF FACTS WITHIN Local chief executive shall have jurisdiction to investigate and decide matters involving disciplinary
PURVIEW OF ARTICLE 171(4) OF THE REVISED PENAL CODE action against subordinate officers and employees under their jurisdiction. Their decisions shall be
Page 218 final in case the penalty imposed is suspension without pay for not more than 30 days. If the penalty
imposed is heavier than suspension of 30 days, the decision shall be appealable to the CSC, but the
SECTION 80: PUBLIC NOTICE OF VACANCY; PERESONAL SELECTION BOARD appeal shall not prevent the execution thereof. In case the respondent-appellant is exonerated, he
shall be reinstated to his position with all the rights and privileges appurtenant thereto from the rime
SECTION 81: COMPENSATION OF LOCAL OFFICIALS AND EMPLOYEES he had been deprived thereof.
SECTION 82: RESIGNATION OF ELECTION LOCAL OFFICIALS SECTION 88: EXECUTION PENDING APPEAL
WRITTEN RESIGNATION REQUIRED SECTION 89: PROHIBITED BUSINESS AND PECUNIARY INTEREST
Resignations by elective local officials must be in writing as this provision expressly states that
copies of resignation letters shall be furnished to the DILG. CRIMINAL LIABILITY FOR VIOLATION OF PROVISION
- Reason: due to the difficulty in pinpointing official responsibility for the discharge of Section 54 of the Code provides that any local official and any person or persons dealing with him
government duties without written records who violate the prohibitions provided in this provision, shall be punished with imprisonment for 6
months and 1 day to 6 years.
SECTION 83: GRIEVANCE PROCEDURE
PROHIBITED INTEREST INCLUDES CONJUGAL PARTNERSHIP OF GAINS
SECTION 84: ADMINISTRATIVE PROCEDURE Page 226
SECTION 85: PREVENTIVE SUSPENSION OF APPOINTIVE LOCAL OFFICIALS AND SECTION 90: PRACTICE OF PROFESSION
EMPLOYEES
REASON FOR PROHIBITION
WHERE POWER TO PREVENTIVELY SUSPEND VESTED The difference in treatment between governors and mayors on one hand, and sanggunian members
The power to preventively suspend appointive local officials is vested in the local chief executive on the other is that the office of governor or mayor is a full time job; on the other hand, the regular
having authority over them. The power is not exclusive. sessions of sanggunian members are held once a week.
SECTION 91: STATEMENT OF ASSETS AND LIABILITIES USE OF SPECIAL EDUCATION FUND
SECTION 92: OATH OF OFFICE Legislature intended the Special Education Fund to answer for the compensation of teachers
SECTION 93: PARTISAN POLITICAL ACTIVITY handling extension classes.
EFFECT OF IMPROPER REIMBURSEMENT DUE TO FAILURE TO OBTAIN PERMISSION SECTION 117: ESTABLISHMENT OF AUTONOMOUS SPECIAL ECONOMIC ZONES
Page 232
SECTION 118: JURISDICTIONAL RESPONSIBILITY FOR SETTLEMENT OF
SECTION 97: ANNUAL REPORT BOUNDARY DISPUTE
SECTION 98: CREATION, COMPOSITION, AND COMPENSATION PROCEDURE FOR SETTLEMENT OF BOUNDARY DISPUTES
Page 253