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PART XII LOCAL GOVERNMENT
Local Autonomy
- From greek word, autonomos – to live under one’s own laws
- State of independence and self-government
- Shift of government from national to thousands of LGUs
- Principle of local autonomy is decentralization
- Decentralization – LGUs are given more powers, authority,
responsibilities and resources by the national government
- Kinds of autonomy
- Sources of funds
1. Right to create and broaden its own source of revenue
2. Right to be allocated a just share in national taxes (IRA)
3. Right to be given its equitable share in the proceeds of utilization
and development of national wealth
Article X – Local Government
SECTION 1. The territorial and political subdivisions of the Republic
of the Philippines are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions in Muslim Mindanao
and the Cordilleras as hereinafter provided
- Political Subdivisions
1. Province
2. Cities
3. Municipalities
4. Barangays
5. 2 autonomous regions for muslim Mindanao and Cordillera
- Section 1 is mandatory and exclusive list. No law can add/abrogate,
only through constitutional amendment
- Nature of LGU
1. Constituted by law
2. Possessed of substantial control over its own affairs
3. More power, authority, responsibilities and resources
SECTION 2. The territorial and political subdivisions shall enjoy local
autonomy
- Local autonomy means a more responsive and accountable local
government structure instituted through system of
decentralization.
- Decentralization vs federalism
- LGUs are agents of the national government with delegated
administrative powers to make governance more directly
responsive and effective.
- Local autonomy is not self-executing
Cases
San Juan vs CSC
Facts:
- petitioner Governor of the Province of Rizal, prays for the
nullification of Resolution No. 89-868 of the Civil Service
Commission (CSC) which approved appointment of Ms. Cecilia
Almajose as Provincial Budget Officer of Rizal
- Petitioner informed Director Reynaldo Abella of the Department
of Budget and Management (DBM) Region IV that Ms. Dalisay
Santos assumed office as Acting PBO, requested for her
nomination to the contested position. However, Santos does not
meet the minimum requirements under Local Budget Circular
No. 31 for the position of a local budget officer. Nominated
others.
- petitioner wrote public respondent CSC protesting against the
appointment of the private respondent
Contention of Petitioner:
- that Cabuquit as DBM Undersecretary is not legally authorized to
appoint the PBO; that the private respondent lacks the required
three years work experience as provided in Local Budget Circular
No. 31; and that under Executive Order No. 112, it is the
Provincial Governor, not the Regional Director or a Congressman,
who has the power to recommend nominees for the position of
PBO.
- He states that the phrase "upon recommendation of the local
chief executive concerned" must be given mandatory application
in consonance with the state policy of local autonomy as
guaranteed by the 1987 Constitution under Art. II, Sec. 25 and
Art. X, Sec. 2 thereof and such is part and parcel of the appointing
process.
Issue:
W/N private respondent is lawfully entitled to discharge the functions
of PBO of Rizal pursuant to the appointment made by public
respondent DBM's Undersecretary upon the recommendation of
then Director Abella of DBM Region IV.
Ruling:
- Petition was granted.
- Where a law is capable of two interpretations, one in favor of
centralized power in Malacañang and the other beneficial to

local autonomy, the scales must be weighed in favor of
autonomy.
- The President shall have control of all the executive
departments, bureaus, or offices, exercise general supervision
over all local governments as may be provided by law, and take
care that the laws be faithfully executed. (Sec. 11, Article VII,
1935 Constitution) the Constitution clearly limited the executive
power over local governments to "general supervision . . . as may
be provided by law." The President controls the executive
departments. He has no such power over local governments. He
has only supervision and that supervision is both general and
circumscribed by statute.
- Supervision goes no further than "overseeing or the power or
authority of an officer to see that subordinate officers perform
their duties. If the latter fail or neglect to fulfill them the former
may take such action or step as prescribed by law to make them
perform their duties."
- The DBM may appoint only from the list of qualified
recommendees nominated by the Governor. If none is qualified,
he must return the list of nominees to the Governor explaining
why no one meets the legal requirements and ask for new
recommendees who have the necessary eligibilities and
qualifications.
- The President makes the appointments from the list of nominees
submitted to her by the Council. She cannot apply the DBM
procedure, reject all the Council nominees, and appoint another
person whom she feels is better qualified. There can be no
reservation of the right to fill up a position with a person of the
appointing power's personal choice.
Laguna Lake vs CA
Facts:
- Task Force Camarin filed a letter-complaint 2 with the Laguna
Lake Development Authority seeking to stop the operation of the
8.6-hectare open garbage dumpsite in Tala Estate, Barangay
Camarin, Caloocan City due to its harmful effects on the health
of the residents and the possibility of pollution of the water
content of the surrounding area.
- LLDA issued a Cease and Desist Order 8 ordering the City
Government of Caloocan, Metropolitan Manila Authority, their
contractors, and other entities, to completely halt, stop and
desist from dumping any form or kind of garbage and other
waste matter at the Camarin dumpsite. It was stopped but was
later resumed.
- LLDA issued again another desist order. City government filed
with RTC petition to nullify the order of LLDA. Court favored the
City Government. CA upheld that LLDA has no jurisdiction and
that RTC also has no jurisdiction on the case.
Contention of City Government:
- City Government of Caloocan sought to be declared as the sole
authority empowered to promote the health and safety and
enhance the right of the people in Caloocan City to a balanced
ecology within its territorial jurisdiction
Contention of Petitioner:
- as an administrative agency which was granted regulatory and
adjudicatory powers and functions to institute the necessary
legal proceeding by Republic Act No. 4850 and its amendatory
laws, Presidential Decree No. 813 and Executive Order No. 927,
series of 1983, it is invested with the power and authority to issue
a cease and desist order
Issue:
which agency can lawfully exercise jurisdiction over the matter
Ruling:
- As a general rule, the adjudication of pollution cases generally
pertains to the Pollution Adjudication Board (PAB), except in
cases where the special law provides for another forum. LLDA, by
virtue of its special charter, obviously has the responsibility to
protect the inhabitants of the Laguna Lake region from the
deleterious effects of pollutants emanating from the discharge
of wastes from the surrounding areas. In carrying out the
aforementioned declared policy, the LLDA is mandated, among
others, to pass upon and approve or disapprove all plans,
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programs, and projects proposed by local government
offices/agencies within the region, public corporations, and
private persons or enterprises where such plans, programs
and/or projects are related to those of the LLDA for the
development of the region
- While it is a fundamental rule that an administrative agency has
only such powers as are expressly granted to it by law, it is
likewise a settled rule that an administrative agency has also such
powers as are necessarily implied in the exercise of its express
powers. 26 In the exercise, therefore, of its express powers
under its charter as a regulatory and quasi-judicial body with
respect to pollution cases in the Laguna Lake region, the
authority of the LLDA to issue a "cease and desist order" is,
perforce, implied
Magtajas vs Pryce Properties
Facts:
- PAGCOR decided to expand its operations to Cagayan de Oro
City, leased a portion of a building belonging to Pryce Properties
Corporation, Inc., one of the herein private respondents,
renovated and equipped the same, and prepared to inaugurate
its casino there during the Christmas season. The same was
denounced by civic organizations.
- Pryce and PAGCOR assailed the ordinances prohibiting casinos
before the Court of Appeals which was upheld by the Court of
Appeals declared the ordinances invalid.
- Cagayan de Oro City and its mayor file petition to review CA’s
ruling that Sangguniang Panlungsod of the City of Cagayan de
Oro does not have the power and authority to prohibit the
establishment and operation of a PAGCOR gambling casino
within the City's territorial limits and questioned Ordinances are
discriminatory to casino and partial to cockfighting and are
therefore invalid on that point. That the limit is only for illegal
gambling.
Contention of petitioners:
- Sangguniang Panlungsod, as the legislative body of the city, shall
enact ordinances, approve resolutions and appropriate funds for
the general welfare of the city and its inhabitants The legislative
power conferred upon local government units may be exercised
over all kinds of gambling and not only over "illegal gambling"
Ruling:
- Petition was denied.
- There is nothing in the Constitution categorically proscribing or
penalizing gambling or, for that matter, even mentioning it at all.
It is left to Congress to deal with the activity as it sees fit. In the
exercise of its own discretion, the legislature may prohibit
gambling altogether or allow it without limitation or it may
prohibit some forms of gambling and allow others for whatever
reasons it may consider sufficient and Court has no authority to
review, much less reverse
- tests of a valid ordinance:
1) It must not contravene the constitution or any statute.
2) It must not be unfair or oppressive.
3) It must not be partial or discriminatory.
4) It must not prohibit but may regulate trade.
5) It must be general and consistent with public policy.
6) It must not be unreasonable.
- Local government units are authorized to prevent or suppress,
among others, "gambling and other prohibited games of
chance." Obviously, this provision excludes games of chance
which are not prohibited but are in fact permitted by law. It
refers only to illegal gambling.
- Municipal governments are only agents/tenants of the national
government. Local councils exercise only delegated legislative
powers conferred on them by Congress as the national
lawmaking body. The delegate cannot be superior to the
principal or exercise powers higher than those of the latter. Local
government units cannot undo the acts of Congress, from which
they have derived their power in the first place, and negate by
mere ordinance the mandate of the statute.
- Municipal corporations owe their origin to, and derive their
powers and rights wholly from the legislature. It breathes into

them the breath of life, without which they cannot exist. As it
creates, so it may destroy. As it may destroy, it may abridge and
control.
- Congress retains control of the local government units although
in significantly reduced degree now than under our previous
Constitutions.
- The proper resolution of the problem at hand is to hold that
under the Local Government Code, local government units may
(and indeed must) prevent and suppress all kinds of gambling
within their territories except only those allowed by statutes like
P.D. 1869 which was not modified by Local Government Code
Phil Petroleum vs Municipality of Pililla
Facts:
- Petition seeking to annul and set aside decision of RTC upholding
the legality of the taxes, fees and charges being imposed in Pililla
under Municipal Tax Ordinance No. 1 and directing the herein
petitioner, manufacturing lubricated oil basestock petroleum
products, to pay the amount of said taxes, fees and charges due
the respondent
- Under PD 231 Local Tax Code was issued which provides that the
municipality may impose taxes on business, except on those for
which fixed taxes
- Secretary of Finance issued Provincial Circular No. 26-73 and
Provincial Circular No. 26 A-73 to refrain from collecting any local
tax imposed in old or new tax ordinances in the business of
manufacturing, wholesaling, retailing, or dealing in petroleum
products subject to the specific tax under the National Internal
Revenue Code
- Municipality of Pililla, Rizal, through Municipal Council
Resolution No. 25, S-1974 enacted Municipal Tax Ordinance No.
1, S-1974 otherwise known as "The Pililla Tax Code of 1974
imposing tax on business, except for those for which fixed taxes
are provided in the Local Tax Code
- P.D. 1158 otherwise known as the National Internal Revenue
Code of 1977 was enacted, Section 153 of which specifically
imposes specific tax on refined and manufactured mineral oils
and motor fuels.
- Respondent filed a complaint against PPC for the collection of the
business tax. The court ruled in favor of Pillilla
Contention of PPC:
- Provincial Circular No. 2673 declared as contrary to national
economic policy the imposition of local taxes on the manufacture
of petroleum products as they are already subject to specific tax
under the National Internal Revenue Code, P.D. 436 prohibits the
imposition of local taxes on petroleum products, Circulars (PC)
26-73 and 26 A-73 are still effective, hence, unless and until
revoked, any effort on the part of the respondent to collect the
suspended tax on business from the petitioner would be illegal
and unauthorized
Issue:
W/N petitioner PPC whose oil products are subject to specific tax
under the NIRC, is still liable to pay (a) tax on business and (b) storage
fees, considering Provincial Circular No. 6-77; and mayor's permit and
sanitary inspection fee unto the respondent Municipality of Pililla,
Rizal, based on Municipal Ordinance No. 1.
Ruling:
- P.D. No. 426 amending the Local Tax Code is deemed to have
repealed Provincial Circular Nos. 26-73 and 26 A-73 issued by the
Secretary of Finance when Sections 19 and 19 (a), were carried
over into P.D. No. 426 and no exemptions were given to
manufacturers, wholesalers, retailers, or dealers in petroleum
products.
- Well-settled is the rule that administrative regulations must be
in harmony with the provisions of the law. In case of discrepancy
between the basic law and an implementing rule or regulation,
the former prevails
- While Section 2 of P.D. 436 prohibits the imposition of local taxes
on petroleum products, said decree did not amend Sections 19
and 19 (a) of P.D. 231 as amended by P.D. 426, wherein the
municipality is granted the right to levy taxes on business of
manufacturers, importers, producers of any article of commerce
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of whatever kind or nature. A tax on business is distinct from a
tax on the article itself.
- The exercise by local governments of the power to tax is
ordained by the present Constitution. To allow the continuous
effectivity of the prohibition set forth in PC No. 26-73 (1) would
be tantamount to restricting their power to tax by mere
administrative issuances. Under Section 5, Article X of the 1987
Constitution, only guidelines and limitations that may be
established by Congress can define and limit such power of local
governments. 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.
Dadole vs COA
Facts:
 To annul the decision and resolution to diminished the
monthly additional allowances received by the petitioner
judges of the Regional Trial Court (RTC) and Municipal Trial
Court (MTC) stationed in Mandaue City.
 RTC and MTC judges of Mandaue City monthly allowances of
P1,260, increased to P1,500 for each judge.
 Department of Budget and Management (DBM) issued Local
Budget Circular No. 55 (LBC 55) which provided that
allowances shall not exceed 1,000 in pursuant to RA 7160
 Acting on the DBM directive, the Mandaue City Auditor
issued notices of disallowance to herein petitioners to
reimburse the amount they received in excess of P1,000
from April to September, 1994.
 AO 42 issued by the President clarifying the role of DBM
under RA 7160 and RA 6758 that is to provide guidelines on
the classification of local government positions and on the
specific rates of pay and to provide criteria and guidelines
for the grant of all allowances and additional forms of
compensation to local government employees
Issues:
1. Whether LBC 55 of the DBM is void for going beyond the
supervisory powers of the President and for not having been
published
2. Whether the yearly appropriation ordinance enacted by the
City of Mandaue that provides for additional allowances to
judges contravenes the annual appropriation laws enacted
by Congress.
Rulings:
 Decision and resolution of the Commission on Audit were
set aside.
 Issue 1 - LBC 55 is null and void
o Supervision- power or authority of an officer to see that
subordinate officers perform their duties. If duties are
neglected, may take such action or step as prescribed
by law to make them perform their duties while Control
- the power of an officer to alter or modify or nullify or
set aside what a subordinate officer has done in the
performance of his duties and to substitute the
judgment of the former for that of the latter.
o Sec. 4. Art 10, The President of the Philippines shall
exercise general supervision over local governments
(elected by people, hence supervision) and exclude the
power of control over executive officials (appointed and
alter egos of the president, hence control).
o Chief Executive wielded no more authority than that of
checking whether local governments or their officials
were performing their duties as provided by the
fundamental law and by statutes. He cannot interfere
with local governments, so long as they act within the
scope of their authority. He cannot lay down own rules
to execute orders. "Supervisory power, when
contrasted with control, is the power of mere oversight
over an inferior body; it does not include any restraining
authority over such body

o RA 7160 allows the grant of additional allowances to
judges "when the finances of the city government
allow." And no limit as to the amount provided. Hence,
The DBM over-stepped its power of supervision over
local government units by imposing a prohibition that
did not correspond with the law it sought to implement.
o LBC 55 was not published. Hence, void since such is not
an admin interpretation but more than that as it affects
government employees rights. Post publication does
not cure its invalidity.
 Issue 2
o Respondent COA failed to prove that Mandaue City
used the IRA to spend for the additional allowances of
the judges. There was no evidence submitted by COA
showing the breakdown of the expenses of the city
government and the funds used for said expenses.
Hence cannot prove that GAA is violated.
o DBM did not follow the appropriate procedure for
reviewing the subject ordinance of Mandaue City and
allowed the 90-day period to lapse, it can no longer
question the legality of the provisions in the said
ordinance granting additional allowances to judges
stationed in the said city.
John Hay vs Lim
Facts:
- Constitutionality of Presidential Proclamation No. 420, Series of
1994, “CREATING AND DESIGNATING A PORTION OF THE AREA
COVERED BY THE FORMER CAMP JOHN [HAY] AS THE JOHN HAY
SPECIAL ECONOMIC ZONE PURSUANT TO REPUBLIC ACT NO.
7227
- BCDA entered into a Memorandum of Agreement and Escrow
Agreement with private respondents which would lease areas
within Camp John Hay and Poro Point for the purpose of turning
such places into principal tourist and recreation spots, as
originally envisioned by the parties under their Memorandum of
Agreement.
- the sanggunian sought from BCDA an abdication, waiver or
quitclaim of its ownership over the home lots being occupied by
residents of nine (9) barangays surrounding the military
reservation.
- President Ramos issued Proclamation No. 420 create and
designate a portion of the area covered by the former John Hay
reservation as embraced, covered, and defined by the 1947
Military Bases Agreement between the Philippines and the
United States of America, as amended, as the John Hay Special
Economic Zone
Contention of Petitioners:
- Tax exemptions is invalid as such is under the power of congress,
- there is no authority of the President to subject the John Hay SEZ
to the governance of BCDA which has just oversight functions
over SEZ; and that to do so is to diminish the city government’s
power over an area within its jurisdiction, hence, Proclamation
No. 420 unlawfully gives the President power of control over the
local government instead of just mere supervision
Contention of respondents:
- moot and academic the issues raised by the petition, the
questioned Memorandum of Agreement and Joint Venture
Agreement having already been deemed abandoned by the
inaction
- by extending to the John Hay SEZ economic incentives similar to
those enjoyed by the Subic SEZ which was established under R.A.
No. 7227, the proclamation is merely implementing the
legislative intent of said law to turn the US military bases into
hubs of business activity or investment. They underscore the
point that the government’s policy of bases conversion can not
be achieved without extending the same tax exemptions granted
by R.A. No. 7227 to Subic SEZ to other SEZs.
Ruling:
- Partly valid.
- It is clear that under Section 12 of R.A. No. 7227 it is only the
Subic SEZ which was granted by Congress with tax exemption,
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investment incentives and the like. There is no express extension
of the aforesaid benefits to other SEZs still to be created at the
time via presidential proclamation.
- The delineation and declaration of a portion of the area covered
by Camp John Hay as a SEZ was well within the powers of the
President to do so by means of a proclamation. With such broad
rights of ownership and administration vested in BCDA over
Camp John Hay, BCDA virtually has control over it, subject to
certain limitations provided for by law. By designating BCDA as
the governing agency of the John Hay SEZ, the law merely
emphasizes or reiterates the statutory role or functions it has
been granted.
Leynes vs COA
Facts:
- Petition seeking to reverse and set aside the decision of the
Commission on Audit (COA), affirming the resolution of COA
Regional Director Gregoria S. Ong which in turn affirmed the
opinion dated October 19, 1993 of the Provincial Auditor of
Oriental Mindoro, Salvacion M. Dalisay. All three denied the
grant of P1,600 monthly allowance to petitioner Judge Tomas C.
Leynes, RTC judge of Calapan.
- Sangguniang Bayan unanimously approved Resolution No. 101
increasing petitioner judge’s monthly allowance from P944 to
P1,600
- Provincial Auditor Salvacion M. Dalisay sent a letter to the
Municipal Mayor and the Sangguniang Bayan of Naujan
directing them to stop the payment of the P1,600 monthly
allowance or RATA to petitioner judge and to require the
immediate refund of the amounts previously paid to the latter.
This is under LBC 55 which sets maximum amount of allowances
to judges not to exceed 1k/700.
- Generally, the grant of (RATA) [sic] to qualified national
government officials and employees pursuant to Section 36 of
R.A. 7645 [General Appropriations Act of 1993] and NCC No. 67
dated 01 January 1992 is subject to the following conditions that
it is prescribed in GAA, from savings, not allowed to collect from
one source. However, LGC provides municipal government may
provide additional allowances and other benefits to judges and
other national government officials or employees assigned or
stationed in the municipality,
Contention of COA:
- Municipality of Naujan could not grant RATA to petitioner judge
in addition to the RATA the latter was already receiving from the
Supreme Court.
- DBM which prohibits local government units from granting
allowances to national government officials or employees
stationed in their localities when such allowances are also
granted by the national government or are similar to the
allowances granted by the national government to such officials
or employees.
Contention of Judge:
- Municipality is expressly and unequivocally empowered by RA
7160 (the Local Government Code of 1991) to enact
appropriation ordinances granting allowances and other benefits
to judges stationed in its territory.
Issue:
W/N Municipality of Naujan, Oriental Mindoro can validly provide
RATA to its Municipal Judge, in addition to that provided by the
Supreme Court
Ruling:
- Petition was granted.
- RA 7160, the Local Government Code of 1991, clearly provides
that provincial, city and municipal governments may grant
allowances to judges as long as their finances allow. Section 3,
paragraph (e) of LBC No. 53, by outrightly prohibiting LGUs from
granting allowances to judges whenever such allowances are (1)
also granted by the national government or (2) similar to the
allowances granted by the national government, violates Section
447(a)(l)(xi) of the Local Government Code of 1991.[29] As
already stated, a circular must conform to the law it seeks to
implement and should not modify or amend it

- in Circular No. 91-7, the national government merely provides
the guidelines for the continued receipt of allowances by
judges from LGUs while in LBC No. 55, the national government
merely tries to limit the amount of allowances LGUs may grant
to judges
- in the recent case of Dadole, et al. vs. COA, the Court upheld the
constitutionally enshrined autonomy of LGUs to grant
allowances to judges in any amount deemed appropriate,
depending on availability of funds, in accordance with the Local
Government Code of 1991.
- NCC No. 67, being a mere administrative circular, cannot repeal
a substantive law like RA 7160.
- ordinance must be presumed valid in the absence of evidence
showing that it is not in accordance with the law.[35] Respondent
COA had the burden of proving that Resolution No. 101 of the
Sangguniang Bayan of Naujan did not comply with the condition
provided in Section 447 of the Code, the budgetary requirements
and general limitations on the use of municipal funds provided in
Sections 324 and 325 of the Code and the implementing
guidelines issued by the DBM
- Under Section 327 of the Local Government Code of 1991, the
Sangguniang Panlalawigan was specifically tasked to review the
appropriation ordinances of its component municipalities to
ensure compliance with Sections 324 and 325 of the Code.
Considering said duty of the Sangguniang Panlalawigan, we will
assume, in the absence of proof to the contrary, that the
Sangguniang Panlalawigan of Oriental Mindoro performed what
the law required it to do
Batangas CATV vs CA
Facts:
- Petition for review filed by Batangas CATV, Inc. (petitioner
herein) against the Sangguniang Panlungsod and the Mayor of
Batangas City (respondents herein) assailing the Court of Appeals
which reversed and set aside the Judgment of RTC holding that
neither of the respondents has the power to fix the subscriber
rates of CATV operators, such being outside the scope of the
LGU’s power
- Sangguniang Panlungsod enacted Resolution No. 2107 granting
petitioner a permit to construct, install, and operate a CATV
system in Batangas City provided, however, that any increase of
rates shall be subject to the approval of the Sangguniang
Panlungsod.
- RTC decided in favor of BCATV and held that enactment of
Resolution No. 210 by respondent violates the State’s
deregulation policy as set forth by then NTC Commissioner Jose
Luis A. Alcuaz in his Memorandum dated August 25, 1989. Also,
it pointed out that the sole agency of the government which can
regulate CATV operation is the NTC, and that the LGUs cannot
exercise regulatory power over it without appropriate
legislation. CA reversed the decision.
- MC 4-08-88 deregulated the service rates of CATV
Contention of BCATV:
- National Telecommunications Commission (NTC) has the sole
authority to regulate the CATV operation in the Philippines. the
Local Government Code of 1991, extends to the LGUs the general
power to perform any act that will benefit their constituents,
nonetheless, it does not authorize them to regulate the CATV
operation.
Contention of CA:
- CA however reversed the ruling on the ground that National
Telecommunications Commission pursuant to Executive Order
No. 205, this does not preclude the Sangguniang Panlungsod
from regulating the operation of the CATV in their locality under
the powers vested upon it by Batas Pambansa Bilang 337,
otherwise known as the Local Government Code of 1983. Section
177
- the Local Government Code of 1983, which authorizes LGUs to
regulate businesses. The term "businesses" necessarily includes
the CATV industry.
Ruling:
- Decision was reversed and RTC decision was upheld.
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- There is no law specifically authorizing the LGUs to grant
franchises to operate CATV system.
- When the State declared a policy of deregulation, the LGUs are
bound to follow. To rule otherwise is to render the State’s policy
ineffective. Being mere creatures of the State, LGUs cannot
defeat national policies through enactments of contrary
measures. Verily, in the case at bar, petitioner may increase its
subscriber rates without respondents’ approval.
Section 3 of E.O. No. 436, "only persons, associations, partnerships,
corporations or cooperatives granted a Provisional Authority or
Certificate of Authority by the NTC may install, operate and maintain
a cable television system or render cable television service within a
service area." It is clear that in the absence of constitutional or
legislative authorization, municipalities have no power to grant
franchises
SECTION 3. The Congress shall enact a local government code which
shall provide for a more responsive and accountable local
government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units
their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries,
powers and functions and duties of local officials, and all other
matters relating to the organization and operation of the local units
- Scope of LC
1. responsive and accountable local government structure
2. effective mechanisms of recall, initiative, and referendum
3. allocation among the different local government units their
powers, responsibilities, and resources
4. qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials
5. all other matters relating to the organization and operation of
the local units
Cases
Sanchez vs Comelec
Facts:
- Petition seeking to enjoin respondent Comelec ) and the Election
Registrar of Butuan City, from implementing Minute Resolution
No. 90-0590 directing the holding of recall proceedings against
petitioners.
- private respondents Emmanuel R. Balanon, a defeated mayoral
candidate, and Manuel D. Cañete filed separate notices of recall
against petitioners, Guillermo R. Sanchez and Carlito T. Tan,
incumbent city mayor and vice-mayor, respectively, of Butuan
City, before the City Election Registrar
- City Election Registrar Pizarro approved the schedule of signing
with designated five (5) signing centers, Mon-Fri as provided by
RN 1612
- private respondents filed a proposal seeking to increase the
number of signing centers from the original five (5) to sixteen
(16) and the signing days to include Saturdays and Sundays.
Petitioners filed their opposition as there was no ground for the
amendment
- COMELEC issued Minute Resolution No. 90-0254 (suspending the
recall) and No. 2272, (rules and regulations)
- Issued Resolution No. 90-0590 (Annex "0-2" of the petition)
declaring as null and void the signing process conducted under
Resolution No. 1612, said resolution having been superseded by
Resolution No. 2272 and setting the date for the signing process
on August 11, 18 and 25 1990
- Petitioners, alleging Comelec has no jurisdiction, filed in Court
which ruled to temporarily restrain respondents from the recall
Contention of Petitioner:
- Resolution No. 2272 is unconstitutional there being no legislative
enactment yet on mechanism of recall as mandated under Sec.
3, Art. X of the Constitution
Ruling:
- Petition was granted
- Sec. 3, Art. X of the Constitution merely provides that the local
government code to be enacted by Congress shall be "more

responsive" than the one existing at present. Until such time that
a more responsive and effective local government code is
enacted, the present code shall remain in full force and effect.
Thus, under Sec. 3, Art. XVIII, "(a)ll existing laws, decrees,
executive orders, proclamations, letters of instructions and other
executive issuances not inconsistent with this Constitution shall
remain operative until amended, repealed, or revoked."
- Respondent COMELEC's promulgation of Resolution No. 2272 is
therefore valid and constitutional under Sec 59 of BP 337 which
provides that Commission on Elections shall conduct and
supervise the process of and election on recall in the manner and
time herein provided and, in pursuance thereof, promulgate the
necessary rules and regulations.
- Respondent Comelec issued RN 2272 and took effect on June 2
while first notice of recall was filed on February 5. Hence violative
of applicability of laws.
- RN 2272 provides that approval must be made by Comelec. In RN
1612, by City Election Registrar. Even Comelec declare the
signing to recall is void, it proceeds by scheduling under RN 1612.
In effect, 1 recall to be governed by 2 resolutions. Recall pursuant
to 1612 must be continued under the schedule originally
approved by the city election registrar from the time of
suspension since Resolution No. 2272 has no retroactive effect
Garcia vs Comelec
Facts:
- Mayors, vice-mayors and members of the Sangguniang Bayan of
the twelve (12) municipalities constituted themselves into a
Preparatory Recall Assembly to initiate the recall election of
Petitioner Enrique T. Garcia, elected governor of Bataan due to
loss of confidence. (Assailing constitutionality of RA 7160)
- The motion was "unanimously seconded under Resolution 1. 146
names appeared in the resolution, 74 out of the (80) carried the
genuine signatures of the members of the PRA. The PRAC of the
province had a membership of one hundred forty-four (144) 4
and its majority was seventy-three (73)
- petitioners filed with the respondent COMELEC a petition to
deny due course to said Resolution No. 1 contending that PRAC
failed to comply with the "substantive and procedural
requirement" laid down in Section 70 of R.A. 7160 (LGC of 1991)
- COMELEC dismissed the petition, scheduling the recall on
October 11. Petitioner filed petition to annul the resolution.
- Respondent again sent notice to convene the session, the
petitioner filed the supplemental petition.
Contention of petitioner:
- Section 70 of R.A. 7160 allowing recall through the initiative of
the PRAC is unconstitutional since the people have the sole and
exclusive right to decide whether or not to initiate proceedings,
elected local public officials from minority was denied of equal
protection of law and the passing of Resolution No. I has fatal
defect of no notices of the meeting to sixty-five (65) members of
the assembly.
- the right to recall does not extend merely to the prerogative of
the electorate to reconfirm or withdraw their confidence on the
official sought to be recalled at a special election. Such
prerogative necessarily includes the sole and exclusive right to
decide on whether to initiate recall proceedings or not.
- The initiation of a recall through the PRA effectively shortens and
ends the term of the incumbent local officials.
Ruling:
- Petition was dismissed.
- The requirement of notice is indispensable in determining the
collective wisdom of the members of the Preparatory Recall
Assembly. Its non-observance is fatal to the validity of the
resolution to recall
- Every law enjoys the presumption of validity due to the wisdom,
integrity, and the patriotism of the legislative, by which the law
is passed, and the Chief Executive, by whom the law is approved
- Recall (at least 25% of registered voters) is a mode of removal of
a public officer by the people before the end of his term of office.
The people's prerogative to remove a public officer is an incident
6
of their sovereign power and in the absence of constitutional
restraint; the power is implied in all governmental operations.
- As a response to Section 3 of its Article X which mandated
Congress to enact LGC which shall provide effective mechanism
for recall, Congress enacted R.A. 7160, LGC of 1991.
- 2 principal reasons for adopting recall process thru an assembly:
1. to diminish the difficulty of initiating recall thru the direct
action of the people;
2. to cut down on its expenses.
- The Constitution did not provide for any mode, let alone a single
mode, of initiating recall elections. 19 Neither did it prohibit the
adoption of multiple modes of initiating recall elections. What
was mandated is only to enact and Congress was clearly given
the power to choose the effective mechanisms of recall as its
discernment dictates.
- Initiation by the PRAC is also initiation by the people, albeit done
indirectly through their representatives which is not prohibited
in our constitution. PRA resolution of recall merely, starts the
process. It is part of the process but is not the whole process. The
proposal will still be passed upon by the sovereign electorate.
- Its membership is not apportioned to political parties
- The members of the PRAC are in the PRAC not in representation
of their political parties but as representatives of the people. By
necessary implication, loss of confidence cannot be premised on
mere differences in political party affiliation.
- The mere possibility of abuse cannot, however, infirm per se the
grant of power to an individual or entity. To deny power simply
because it can be abused by the grantee is to render government
powerless and no people need an impotent government
- initiation of the recall process by a preparatory recall assembly:
1. notice to all the members of the recall assembly is a
condition sine qua non
2. qualified majority of all the preparatory recall assembly
members to convene in session and in a public place
3. recall resolution by the said majority must be adopted
during its session called for the purpose
- Loss of confidence" as a ground for recall is a political question.
There is no need for them to bring up any charge of abuse or
corruption against the local elective officials who are the subject
of any recall petition
Belgica vs Executive Secretary (Pork Barrel Case)
Facts:
- petitioner Samson S. Alcantara (Alcantara), President of the
Social Justice Society, filed a Petition seeking that the "Pork
Barrel System" be declared unconstitutional
Issue:
Whether or not the 2013 PDAF Article and all other Congressional
Pork Barrel Laws similar thereto are unconstitutional due to violation
of local autonomy
Contention of Petitioners:
- Congressional Pork Barrel goes against the constitutional
principles on local autonomy since it allows district
representatives, who are national officers, to substitute their
judgments in utilizing public funds for local development
Contention of legislators:
- “Making equal the unequal”. The relatively small projects
implemented under the Congressional Pork Barrel complement
and link the national development goals to the countryside and
grassroots as well as to depressed areas which are overlooked by
central agencies which are preoccupied with mega-projects, to
enable the representatives to identify projects for communities
that the LGU concerned cannot afford.
Ruling:
- The policy of the State as provided by the constitution and LGC is
to empower local government units (LGUs) to develop and
ultimately, become self-sustaining and effective contributors to
the national economy. The vitalization of local governments will
enable their inhabitants to fully exploit their resources and more
important, imbue them with a deepened sense of involvement
in public affairs as members of the body politic

- PDAF and CDF allocation/division is based solely on the fact of
office, without taking into account the specific interests and
peculiarities of the district the legislator represents. The
allocation/division limits are not based on economic or
geographic indicators; hence, highly-urbanized metropolis gets
the same amount of funding as a district representative of
underdeveloped province. even Senators and Party-List
Representatives – and in some years, even the Vice-President –
who do not represent any locality, receive funding from the
Congressional Pork Barrel
- PDAF and CDF had become personal funds given unto them on
the sole account of their office
- Legislative Controls conflicts with Local Development Councils
(LDCs). LDCs are instrumentalities legally mandated to assist the
sangunians whose functions are essentially geared towards
managing local affairs,235 their programs, policies and resolutions
should not be overridden nor duplicated by individual legislators,
who are national officers that have no law-making authority
except only when acting as a body.
- Congressman can simply bypass the local development council
and initiate projects on his own, personality-driven project
identification to "further weakening infrastructure planning and
coordination efforts of the government
SECTION 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.
- Supervision - goes no further than "overseeing or the power or
authority of an officer to see that subordinate officers perform
their duties according to law. If the latter fail or neglect to fulfill
them the former may take such action or step as prescribed by law
to make them perform their duties.
o Power to discipline
o Power to investigate
- Control - Lays down the rules in the doing of an act. If they are not
followed, he may, in his discretion, order the act undone or re-done
by his subordinate or he may even decide to do it himself.
- “Supervision” and “investigation” are not inconsistent terms;
“investigation” does not signify “control”
Cases
Drilon vs Lim
Facts:
- Secretary of Justice had declared Manila Revenue Code null and
void for non-compliance with the prescribed procedure in the
enactment of tax ordinances and for containing certain
provisions contrary to law and public policy. City of Manila filed
in RTC which revoked the resolution of the secretary and
declared Section 187 of the LGC as unconstitutional because of
its vesture in the Secretary of Justice of the power of control over
local governments (to review tax ordinances and, inferentially, to
annul them) in violation of the policy of local autonomy instead
of only the power of supervision.
Issue:
W/N Section 187 of the LGC is unconstitutional
Ruling:
- Decision was reversed.
- BP 129 vests in the regional trial courts jurisdiction over all civil
cases in which the subject of the litigation is incapable of
pecuniary estimation but are advised to act with the utmost
circumspection, bearing in mind the consequences of a
declaration of unconstitutionality upon the stability of laws and
separation of powers.
- Section 187 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. When
he alters or modifies or sets aside a tax ordinance, he is not also
permitted to substitute his own judgment for the judgment of
the local government that enacted the measure. All he did in
7
reviewing the said measure was determine if the petitioners
were performing their functions in accordance with law, which
was an act not of control but of mere supervision.
- An officer in control lays down the rules in the doing of an act. If
they are not followed, he may, in his discretion, order the act
undone or re-done by his subordinate or he may even decide to
do it himself. In supervision, if the rules are not observed, he may
order the work done or re-done but only to conform to the
prescribed rules.
- Secretary of Justice is permitted to do is ascertain the
constitutionality or legality of the tax measure, without the right
to declare that, in his opinion, it is unjust, excessive, oppressive
or confiscatory
- Secretary Drilon declared that there were no written notices of
public hearings. But SC agreed with the trial court that the
procedural requirements have indeed been observed. Notices of
the public hearings were sent to interested parties. The omission
of posting of the ordinance does not affect its validity.
Ganzon vs CA
Facts:
- petitioners are the Mayor of Iloilo City- Ganzon (G.R. Nos. 93252
and 95245) and a member of the Sangguniang Panglunsod
thereof (G.R. No. 93746) originated from a series of
administrative complaints
- Mrs. Cabaluna, a clerk assigned to the City Health pulled her out
from rightful office
- Dra. Felicidad Ortigoza, she claims that the petitioner
handpicked her to perform task not befitting her position as
Assistant City Health Officer, that her office was padlocked
without any explanation or justification, salary was withheld
without cause
- Councilor Larry Ong, office keys were taken.
- Pancho Erbite, a barangay tanod was arrested and detained
without warrant.
- Mayor Ganzon instituted an action for prohibition against the
respondent Secretary of Local Government in RTC which was
granted. Secretary issued another order, preventively
suspending Mayor Ganzon. He filed in CA but was dismissed.
Contention of Ganzon:
- Department of Local Government in hearing the ten cases
against him, had denied him due process of law and that the
respondent Secretary had been “biased, prejudicial and hostile”
towards him arising from his (Mayor Ganzon’s) alleged refusal to
join LDP.
- Secretary of Local Government is devoid, in any event, of any
authority to suspend and remove local officials
Issue:
W/N President (acting through the Secretary of Local Government),
has the power to suspend and/or remove local officials.
Ruling:
- Petition was dismissed.
- Local autonomy, under the Constitution, involves a mere
decentralization of administration, not of power, in which local
officials remain accountable to the central government in the
manner the law may provide, does not prescribe federalism,
- Change in constitutional language (with respect to the
supervision clause) was meant but to deny legislative control
over local governments; it did not exempt the latter from
legislative regulations provided regulation is consistent with the
fundamental premise of autonomy.
- Since local governments remain accountable to the national
authority, the latter may, by law, and in the manner set forth
therein, impose disciplinary action against local officials
- “Supervision” and “investigation” are not inconsistent terms;
“investigation” does not signify “control”
- Autonomy is subject to the guiding star, though not control, of
the legislature, albeit the legislative responsibility under the
Constitution and as the “supervision clause” itself suggest-is to

wean local government units from over-dependence on the
central government.
- Local autonomy” is not instantly self-executing, but subject to,
among other laws, under the general supervision of the
Executive.
- Charter allows Congress to include in the local government code
provisions for removal of local officials, which suggest that
Congress may exercise removal powers, and as the existing Local
Government Code has done, delegate its exercise to the
President. Court denied the President the power (to
suspend/remove) it was not because we did not think that the
President cannot exercise it on account of his limited power, but
because the law lodged the power elsewhere.
- Decentralization of administration - central government
delegates administrative powers to political subdivisions and
make local governments “more responsive and accountable,”
and “ensure their fullest development as self-reliant
communities. The President exercises “general supervision” over
them, but only to “ensure that local affairs are administered
according to law.”
- Decentralization of power - involves an abdication of political
power in the favor of local governments units declared to be
autonomous. Autonomous government is free to chart its own
destiny and shape its future with minimum intervention from
central authorities. Power amounts to “self-immolation,
autonomous government becomes accountable not to the
central authorities but to its constituency.
League of Provinces vs DENR
Facts:
- Petition assailing the constitutionality of Section 17(b)(3)(iii) of
(R.A.) No. 7160, LGC, and Section 24 of (R.A.) No. 7076, People's
Small-Scale Mining Act of 1991, prohibit and bar respondents
from exercising control over provinces, declare as illegal the
nullification of permits issued by Provincial Governor of Bulacan
- Golden Falcon Mineral Exploration Corporation (Golden Falcon)
filed with the DENR an Application for Financial and Technical
Assistance Agreement (FTAA) in Norzagaray and San Jose del
Monte, Bulacan but was denied due to lack of clearances. It
appeal with the DENR central office, and while on appeal,
Benedicto S. Cruz, Gerardo R. Cruz and Liberato Sembrano filed
with the Provincial Environment and Natural Resources Office
(PENRO) of Bulacan their respective Applications for Quarry
Permit (AQP), which covered the same area subject of Golden
Falcon's Application for FTAA which the central office affirmed
the latter and denied Golden Falcon.
- Atlantic Mines and Trading Corporation (AMTC) filed with the
PENRO of Bulacan an Application for Exploration Permit (AEP)
covering the area covered by Golden Falcon's application.
- Chairman of the PMRB, believing under mandate of RA 7076,
endorsed to the Provincial Governor of Bulacan, Governor
Josefina M. dela Cruz, the aforesaid Applications for Quarry
Permit that had apparently been converted to Applications for
Small-Scale Mining Permit of Eduardo D. Mercado, Benedicto S.
Cruz, Gerardo R. Cruz and Lucila S. Valdez (formerly Liberato
Sembrano). The permits were issued to Benedicto S. Cruz,
Gerardo R. Cruz and Liberato Sembrano and not AMTC.
- AMTC appealed to respondent DENR Secretary arguing that
Permits fall within the area covered by AMTC's valid prior
Application for Exploration Permit, Small-Scale Mining Permits
were null and void because they covered areas that were never
declared People's Small-Scale Mining Program sites, Applications
for Quarry Permit were illegally converted to Applications for
Small-Scale Mining Permit
- DENR Secretary rendered a Decision in favor of AMTC. According
to the DENR Secretary, the filing by Golden Falcon of the letter-
appeal suspended the finality of the Order of denial.
Contention of DENR Secretary:
- Applications for Quarry Permit were filed when the area was still
closed to mining location; hence, the Small-Scale Mining Permits
granted by the PMRB and the Governor were null and void.
8
- Small-Scale Mining Permits were issued in violation of Section 4
of R.A. No. 7076 and beyond the authority of the Provincial
Governor pursuant to Section 43 of R.A. No. 7942, because the
area was never proclaimed to be under the People's Small-Scale
Mining Program
Contention of petitioner:
- Violation of Article X and LGC as the Constitution states that the
President (and Executive Departments and her alter-egos) has
the power of supervision only, not control, over acts of the local
government units, and grants the local government units
autonomy
- Respondent DENR Secretary went beyond mere executive
supervision and exercised control when he nullified the small-
scale mining permits granted by the Provincial Governor of
Bulacan, as the former substituted the judgment of the latter.
Contention of respondent:
- power to implement the small-scale mining law is expressly
limited which provides that it must be carried out "pursuant to
national policies and subject to supervision, control and review
of the DENR
Ruling:
- Petition was dismissed.
- Section 2, Article XII (National Economy and Patrimony) of the
Constitution provides that "the exploration, development and
utilization of natural resources shall be under the full control and
supervision of the State and the Congress may, by law (RA 7076),
allow small-scale utilization of natural resources by Filipino
citizens. LGC did not fully devolve the enforcement of the small-
scale mining law to the provincial government, as its
enforcement is subject to the supervision, control and review of
the DENR.
- Local autonomy in the Constitution Art. X, Sec. 2 refers to the
administrative autonomy of local government units
(decentralization of government authority not power). It does
not make local governments sovereign within the State.
- Administrative autonomy may involve devolution of powers, but
subject to limitations (LGC, national policies mandated by
Congress)
- Quasi-judicial function as provided by RA 7076, of the DENR
Secretary can neither be equated with "substitution of
judgment" of the Provincial Governor in issuing Small-Scale
Mining Permits nor "control" over the said act of the Provincial
Governor as it is a determination of the rights of AMTC over
conflicting claims based on the law.
- Area is open only to mining location on August 11, 2004, fifteen
(15) days after the receipt by Golden Falcon on July 27, 2004.
AQPs were filed on February 10, 2004 when the area is still closed
to mining location. Consequently, the SSMPs granted by the
PMRB and the Governor are null and void making thereby AEP
No. III-02-04 of the AMTC valid, it having been filed when the
area is already open to other mining applicants.
SECTION 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
Cases:
Manila Electric vs Province of Laguna
Facts:
- Certain municipalities of the Province of Laguna granted
franchise in favor of petitioner Manila Electric Company
(“MERALCO”)
- Pursuant to RA 7160, province enacted Laguna Provincial
Ordinance No. 01-92 imposing Franchise tax (1/2 of 1%) on the
gross annual receipts, which shall include both cash sales and
sales on account
- Petitioner MERALCO paid the tax, claim for refund was thereafter
sent by MERALCO to the Provincial Treasurer of Laguna,
however, denied.

- MERALCO filed with RTC but also dismissed.
Contention of Meralco
- Claiming that the franchise tax pursuant to P.D. 551 already
included the franchise tax imposed by the Provincial Tax
Ordinance and the ordinance contravene with Section 1 of P.D.
551 (national tax notwithstanding local taxes).
- Contented other cases which were granted exemptions
Ruling:
- Petition was dismissed.
- Local government has no inherent power to tax except those
delegated by law/statute. The general delegation (not absolute
and unconditional) of that power has been given in favor of local
government units as provided by article X of the constitution.
- Where there is neither a grant nor a prohibition by statute, the
tax power must be deemed to exist although Congress may
provide statutory limitations and guidelines to safeguard the
viability and self-sufficiency of local government units by directly
granting them general and broad tax powers. PD 231 explicitly
authorizes provincial governments, notwithstanding “any
exemption granted by any law or other special law, x x x (to)
impose a tax on businesses enjoying a franchise.
- Despite local autonomy, legislature must still see to it that (a) the
taxpayer will not be over-burdened, LGU will have its fair share
of available resources, national government will not be unduly
disturbed, and local taxation will be fair, uniform, and just. LGC
withdrawn tax incentives and exemptions enjoyed by certain
entities.
- Previous cases are under the purview of Contractual tax
exemptions covered by non-impairment of contracts. A franchise
partakes the nature of a grant which is beyond the purview of
the non-impairment clause of the Constitution
Napocor vs City of Cabanatuan
Facts:
- Petition for review of decision of CA which held that Napocor,
petitioner and GOCC, is oblige to pay franchise tax to respondent
City of Cabanatuan.
- Respondent file with RTC collection suit for the assessed tax due
- RTC dismissed the case since Rep. Act No. 6395 is a particular law
and it may not be repealed by Rep. Act No. 7160 which is a
general law, section 193 of Rep. Act No. 7160 is in the nature of
an implied repeal which is not favored, local governments have
no power to tax instrumentalities of the national government. In
Basco vs Pagcor, court held that being an instrumentality of the
government, PAGCOR should be and actually is exempt from
local taxes. Otherwise, its operation might be burdened,
impeded or subjected to control by mere local government.
- Court of Appeals, however, reversed the decision on the ground
that section 193, in relation to sections 137 and 151 of the LGC,
expressly withdrew the exemptions granted to the petitioner
Contention of Petitioner:
- Respondent has no authority to impose tax on government
entities and that as a non-profit organization since Local
governments have no power to tax instrumentalities of the
National Government. It is exempted from the payment of all
forms of taxes, charges, duties or fees in accordance with sec. 13
of Rep. Act No. 6395. Sections 137 and 151 of the LGC in relation
to section 131, limit the taxing power of the respondent city
government to private entities that are engaged in trade or
occupation for profit. It also alleged that power of the local
government to impose franchise tax is subordinate to
petitioner's exemption from taxation; "police power being the
most pervasive, the least limitable and most demanding of all
powers
Contention of respondent:
- petitioner's exemption from local taxes has been repealed by
section 193 of Rep. Act No. 7160 (Withdrawal of Tax Exemption
Privileges)
Ruling:
- Petition was denied and decision was affirmed.
- Sections 133, 232, and 234, as a general rule, LGUs cannot
impose taxes, fees or charges of any kind on the National
9
Government, its agencies and instrumentalities. However, there
are exceptions.
- Nothing prevents Congress from decreeing that even
instrumentalities or agencies of the government performing
governmental functions may be subject to tax.
- Basco case was decided prior to the effectivity of the LGC
- section 151 in relation to section 137 of the LGC clearly
authorizes the respondent city government to impose on the
petitioner the franchise tax in question
- franchise tax (secondary franchise) is "a tax on the privilege of
transacting business in the state and exercising corporate
franchises (primary franchise) granted by the state and the same
was not levied for the existence (not based on ownership) but to
its exercise of rights or privileges.
- To determine if covered by franchise tax, if the corporation is
granted secondary franchise and it is exercising within
Philippines. Both were satisfied by Napocor.
- expressio unius est exclusio alterius.
- The franchise tax is imposable despite any exemption enjoyed
under special laws.
- withdrawal of tax exemption privileges which resulted in serious
tax base erosion and distortions in the tax treatment of similarly
situated enterprises.
Petron vs Tiangco
Facts:
- Petition filed by Petron assailing the decision of RTC of Malabon
which dismissed petitioner’s complaint for cancellation of
assessment made by the then municipality (now City) of Navotas
(Navotas) for deficiency of business taxes.
- Letter complaint was first filed with Treasurer’s office however
denied. Petron filed with RTC, and supplemental complaint since
respondents refused to issue permit to Petron. Both complaints
and motions are denied.
Contention of Petron:
- It was exempt from local business taxes under Art 232 and IRR
and ruling stating that sales of petroleum fuels are not subject to
local taxation. the "business taxes" on its sale of diesel fuels
partakes of an excise tax enumerated under the [NIRC]
Contention of Respondent:
- What the provision prohibits is the imposition of excise taxes
on petroleum products, but not the imposition of business
taxes on the same. tax on business is distinct from a tax on
the article itself
Issue:
W/N LGU is empowered under LGC to impose business taxes on
persons or entities engaged in the sale of petroleum products.
Ruling:
- Petition was granted.
- Section 133 prescribes the limitations on the capacity of local
government units to exercise their taxing powers otherwise
granted to them under the LGC. That is, enumerating the two
kinds of taxes: excise taxes on articles enumerated under NIRC
and taxes, fees or charges on petroleum products
- the current definition of an excise tax is that of a tax levied on a
specific article, rather than one "upon the performance, carrying
on, or the exercise of an activity
- In case of doubt, shall be resolved in favor of local autonomy.
"[i]n case of doubt, any tax ordinance or revenue measure shall
be construed strictly against the local government unit enacting
it, and liberally in favor of the taxpayer.
- Congress has the constitutional authority to impose limitations
on the power to tax of local government units, and Section 133
of the Code is one such limitation.
- The absence of such a qualification leads to the conclusion that
all sorts of taxes on petroleum products, including business
taxes, are prohibited by Section 133(h). Where the law does not
distinguish, we should not distinguish
SECTION 6. Local government units shall have a just share, as
determined by law, in the national taxes which shall be
automatically released to them.

- Fiscal Autonomy – that local governments have the power to create
their own sources of revenue in addition to their just share in the
national taxes automatically released by the national government
and the power to allocate their resources in accordance with their
own priorities. It extends from budget preparations up to working
within the constraints thereof.
- Requisites before president may interfere
1. Unmanaged public sector deficit of national government
2. Consultations with the presiding officers of the senate and the
HOR and the presidents of various local leagues
3. Corresponding recommendation of the secretaries of the
department of finance DILG and Budget and Management.
Automatic release – within 5 days after every quarter of the year
and shall not be subject to any lien or holdback that may be
imposed by the national government for whatever purpose.
- Part of income – Funds generated from local taxes, IRA and national
wealth utilization proceeds
Cases
Pimentel vs Aguirre
Facts:
- Petition to annul Section 1 of Administrative Order (AO) No. 372,
insofar as it requires local government units to reduce their
expenditures by 25 percent of their authorized regular
appropriations for non-personal services and withholds a portion
of their internal revenue allotments (IRA). AO 43, amending
Section 4 of AO 372, by reducing to five percent (5%).
Contention of petitioner:
- AO 372, was in effect exercising the power of control over LGUs.
Directive to withhold ten percent (10%) of their IRA is in
contravention of Section 286 of the LGC and of Section 6, Article
X of the Constitution, providing for the automatic release to each
of these units its share in the national internal revenue.
- Respondents failed to comply with these requisites before the
issuance and the implementation of AO 372
Contention of respondents:
- AO 372 was merely directory and issued to alleviate the
"economic difficulties brought about by the peso devaluation
and mere supervision.
- It merely directs local governments to identify measures that will
reduce their total expenditures for non-personal services by at
least 25 percent
- LGUs’ IRA does not violate the statutory prohibition on the
imposition of any lien or holdback on their revenue shares,
because such withholding is "temporary in nature pending the
assessment and evaluation by the Development Coordination
Committee of the emerging fiscal situation
Issue:
W/N president committed grave abuse of discretion [in] ordering all
LGUS to adopt a 25% cost reduction program and 10% withholding in
violation of the LGU[']S fiscal autonomy
Ruling:
- Petition was granted.
- Scope of President's Power of Supervision Over LGUs
o exclude the power of control
o In administrative law, if the latter fail or neglect to fulfill
them, the former may take such action or step as prescribed
by law to make them perform their duties, control means
the power of an officer to alter or modify or nullify and to
substitute the judgment of the former for that of the latter
o Supervisory power, when contrasted with control, is the
power of mere oversight over an inferior body; it does not
include any restraining authority over such body
o Supervising officials merely see to it that the rules are
followed, but they themselves do not lay down such rules,
nor do they have the discretion to modify or replace them
o The heads of political subdivisions are elected by the people.
Their sovereign powers emanate from the electorate, to
whom they are directly accountable. They are subject to
president’s supervision so long as within legitimate powers.
- Extent of Local Autonomy
10
o autonomy is intended to "break up the monopoly of the
national government over the affairs of local governments
not to end the relation of partnership and interdependence
between the central administration and the LGUs. They are
still subject to regulation, however limited, for the purpose
of enhancing self-government
o Decentralization simply means the devolution of national
administration, not power, to local governments. Local
officials remain accountable to the central government
- Local fiscal autonomy does not however rule out any manner of
national government intervention by way of supervision, in order
to ensure that local programs, fiscal and otherwise, are
consistent with national goals.
- President may interfere in local fiscal matters provided: (1) an
unmanaged public sector deficit of the national government; (2)
consultations with the presiding officers of the Senate and the
House of Representatives and the presidents of the various local
leagues; and (3) the corresponding recommendation of the
secretaries of the Department of Finance, Interior and Local
Government, and Budget and Management. Adjustment in the
allotment shall in no case be less than thirty percent (30%) of the
collection of national internal revenue taxes of the third fiscal
year preceding the current one
- It is understood, however, that no legal sanction may be imposed
upon LGUs and their officials who do not follow such advice.
Contention of Sol Gen was upheld.
- Section 4 of AO 372 cannot, however, be upheld. A basic feature
of local fiscal autonomy is the automatic release of the shares of
LGUs in the national internal revenue as mandated by the
constitution. Any retention, temporary or not, is prohibited
Dissenting opinions:
- President's power as chief fiscal officer of the country. Justice
Kapunan posits that Section 4 of AO 372 conforms with the
President's role as chief fiscal officer. However, the acts alluded
to in the Dissent are indeed authorized by law; but, quite the
opposite, Section 4 of AO 372 is bereft of any legal or
constitutional basis.
- President's authority to adjust the IRA of LGUs in case of an
unmanageable public sector deficit. But such reduction is subject
to consultation with the presiding officers of both Houses of
Congress and, more importantly, with the presidents of the
leagues of local governments
SECTION 7. Local governments shall be entitled to an equitable
share in the proceeds of the utilization and development of the
national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by
way of direct benefits.
SECTION 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three
years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
Cases
Borja vs Comelec
Facts:
- Private respondent Jose T. Capco, Jr. was elected vice-mayor of
Pateros for a term ending June 30, 1992
- On September 2, 1989, he became mayor, by operation of law,
upon the death of the incumbent, Cesar Borja (1st term). On May
11, 1992, he ran and was elected mayor for a term of three years
which ended on June 30, 1995 (2nd term). On May 8, 1995, he
was reelected mayor for another term of three years ending June
30, 1998 (3rd term).
- He filed his candidacy for 4th term. Petitioner Benjamin U. Borja
Jr, candidate for mayor sought for disqualification of Capco for
ineligibility to serve another term.
- 2nd division Comelec ruled in favor of petitioner and disqualified
Capco. Upon appeal, Comelec en banc reversed the decision.

Contention of Comelec en banc:
- The three-term limitation refers to the term elected. It made no
reference to succession by operation of law to an office to which
he was not elected. Such is not counted as one (1) term for
purposes of the computation of the three-term limitation
Contention of petitioner:
- Capco has already served 3 terms. Upon the death of Mayor
Cesar Borja on September 2, 1989, private respondent became
the mayor and thereafter served the remainder of the term and
it is irrelevant that private respondent became mayor by
succession since the purpose is to prevent a monopolization of
political power
Issue:
W/N vice-mayor who succeeds to the office of mayor by operation of
law and serves remainder of the term is considered to have served
a term in that office for the purpose of the three-term limit
Ruling:
- Petition was dismissed.
- the term limit for elective local officials must be taken to refer to
the right to be elected as well as the right to serve in the same
elective position and must also have been elected to the same
position for the same number of times before the disqualification
can apply
- While the people should be protected from the evils that a
monopoly of political power may bring about, care should be
taken that their freedom of choice is not unduly curtailed.
Fundamental tenet of representative democracy is that the
people should be allowed to choose those whom they please to
govern them
- Case No. 1. Suppose A is a vice-mayor succeeded the deceased
mayor. Six months before the next election, he resigns and is
twice elected thereafter. Can he run again? Yes. Voluntary
renunciation of the office is not considered as an interruption in
the continuity of his service for the full term only if the term is
one "for which he was elected." Since A is only completing the
service of the term for which the deceased and not he was
elected, A cannot be considered to have completed one term
- Case No. 2. Suppose B is elected mayor and, during his first
term, he is twice suspended for misconduct for a total of 1 year.
If he is twice reelected after that, can he run for one more term
in the next election? Yes. The local official has been elected three
consecutive times, but he has not fully served three consecutive
terms.
- The Vice-President is elected primarily to succeed the President
For their part, the electors likewise choose as Vice-President the
candidate who they think can fill the Presidency in the event it
becomes vacant. Hence, service in the Presidency for more than
four years may rightly be considered as service for a full term. In
comparison, it cannot be said of him, as much as of the Vice-
President in the event of a vacancy in the Presidency, that, in
running for vice-mayor, he also seeks the mayorship. His
assumption of the mayorship in the event of vacancy is more a
matter of chance than of design.
- The vice-mayor succeeds to the mayorship by operation of law.
14 On the other hand, the Representative is elected to fill the
vacancy. Hence, Representative serves a term for which he was
elected.
David vs Comelec
Facts:
- Two petitions questioning the term of office of baranggay
chairmen. 3 years as provided by RA 7160 or 5 years as contained
in RA 6679?
- G.R. No. 127116 (David) – Alex David, chairman of Brgy 77,
Kalookan City, filed petition to prohibit the holding of the
barangay election scheduled on the second Monday of May 1997
- G.R. No. 128039 (Liga ng mga Barangay) - Petitioner Liga ng mga
Barangay Quezon City Chapter seek a judicial review by certiorari
to declare as unconstitutional Section 43(c) of R.A. 7160
providing 3 years as term of barangay chairman.
Contention of petitioners:
- Sec. 2 of Republic Act No. 6653, approved on May 6, 1988, "(t)he
term of office of barangay officials shall be for five (5) years
11
- RA 6653 is special law and was not repealed by RA 7160, term of
barangay officials will be determined by law,
Contention of respondent:
- repealing clause of RA 7160 includes "all laws, whether general
or special, inconsistent, with the provisions of LGC
- RA 8250 (the General Appropriations Act for 1997) and RA 8189
(providing for a general registration of voters) both "indicate that
Congress considered that the barangay elections shall take place
in May, 1997, as provided for in RA 7160
Ruling:
- Petition was dismissed.
- A later law repeals an earlier one because it is the later legislative
will. RA 7160, the term of office is 3 years while RA 6679, 5 years.
RA 7160 mandates election of 7 kagawads and 1 chairman. In RA
6679, only 7 were voted as kagawad. The kagawad will then vote
who will be the chairman.
- GAA (RA 8189), is clear and express contemporaneous
statements of Congress that barangay officials shall be elected
this May, in accordance with Sec. 43-c of RA 7160
- RA. 7160 is a codified set of laws that specifically applies to LGUs.
Hence, a special law
- Constitution did not expressly prohibit Congress from fixing any
term of office for barangay officials. It merely left the
determination of such term to the lawmaking body, without any
specific limitation or prohibition, thereby leaving to the
lawmakers full discretion to fix such term in accordance with the
exigencies of public service.
- How long? As may be determined by law"; more precisely, "(a)s
provided for in the LGC, limiting for 3 years.
- David was estopped since he knew he was elected in the purview
of RA 7160 since he was directly voted.
Socrates vs Comelec
Facts:
- G.R. No. 154512 (Socrates), No. 154683 (Sandoval), No 155083-
84 (Adovo) are consolidated petitions seeking the reversal of the
resolutions issued by Comelec in relation to the recall election
for mayor of Puerto Princesa City
- 312 out of 528 members of the then incumbent barangay
officials convened themselves into PRA to initiate recall of
Victorino Dennis M. Socrates who assumed office as mayor. PRA
passed Resolution No. 01-02 on the ground of loss of confidence.
Socrates filed with Comelec petition to nullify the resolution.
COMELEC en banc promulgated a resolution dismissing for lack
of merit Socrates' petition
- Edward M. Hagedorn filed his candidacy as mayor. Ma. Flores F.
Adovo, Merly E. Gilo, and Bienvenido Ollave, Sr filed a petition
before the COMELEC to disqualify Hagedorn from running in the
recall election
- Comelec dismissed the complaints, and held Hagedorn qualified.
- Complaint of Sandoval against 10-day campaign period given by
Comelec, which court later reset to give additional 15 days. (Sept
9 to 24)
- Hagedorn garnered the highest votes.
Contention of Adovo, Gilo and Ollave:
- Hagedorn is disqualified from running for a fourth consecutive
term, having been elected and having served as mayor of the city
for three (3) consecutive full terms immediately prior to the
instant recall election for the same post
Contention of Socrates:
- No notification with other members of the PRA, seeking new
electoral mandate, and proceedings were conducted in a manner
that violated his and the public's constitutional right to
information
Ruling:
- Sandoval - The factual findings of the COMELEC, based on its own
assessments and duly supported by gathered evidence, are
conclusive upon the court, more so, in the absence of a
substantiated attack on the validity of the same. Petitioner does
not provide valid reason. They cannot be proved to seeking
electoral mandate since all are still de jure Sangunian members

with no legal disqualification to join the PRA. Violated right has
no legal basis.
- Hagedorn’s reelection - what the Constitution prohibits is an
immediate reelection for a fourth term following three
consecutive terms. Subsequent reelection for a fourth term as
long as the reelection is not immediately after the end of the
third consecutive term. A recall election is a subsequent election
but not an immediate reelection after the third term.
- Hagedorn was elected for three consecutive terms in the 1992,
1995 and 1998 elections and served in full his three consecutive
terms. He could no longer run in 2001. He did not run, and
Socrates won. Due to recall, he assumed his 4th reelection. June
2001 to September 2002 was an involuntary interruption.
Involuntary severance from office for any length of time, short of
the full term provided by law, amounts to an interruption of
continuity of service. Recall term is 1 full term.
- The concept of term limits is in derogation of the sovereign will
of the people to elect the leaders of their own choosing. Term
limits must be construed strictly to give the fullest possible effect
to the sovereign will of the people
Montebon vs Comelec
Facts:
- Petition assailing resolution of 1st division of Comelec denying
the petition for disqualification filed by petitioners Federico T.
Montebon and Eleanor M. Ondoy against respondent Sesinando
F. Potencioso, Jr, (candidates for councilors) which was affirmed
by Comelec en banc.
- Petitioners filed disqualification against respondent with the
COMELEC alleging that respondent had been elected and served
three consecutive terms as municipal councilor in 1998-2001,
2001-2004, and 2004-2007.
Contention of Potencioso:
- Service of his second term in 2001-2004 was interrupted on
January 12, 2004 when he succeeded as vice mayor of Tuburan
due to the retirement of Vice Mayor Petronilo L. Mendoza
Ruling:
- Term limit for elective officials must be taken to refer to the right
to be elected as well as the right to serve in the same elective
position. Thus, for the disqualification to apply, it is not enough
that the official has been elected three consecutive times; he
must also have served three consecutive terms in the same
position
- His assumption as vice mayor is involuntary, by operation of law
as provided by LGC. The successor cannot refuse to assume the
office that he is mandated to occupy by virtue of succession. He
can only do so if for some reason he is permanently unable to
succeed and occupy the post vacated. It is more mandatory than
compulsory.
Aldovino vs Comelec
Facts:
- petition seeks to annul and set aside this COMELEC ruling that
preventive suspension is an effective interruption because it
renders the suspended public official unable to provide complete
service for the full term
- Wilfredo F. Asilo (Asilo) was elected councilor of Lucena City for
three consecutive terms: for the 1998-2001, 2001-2004, and
2004-2007 terms, respectively. During his 2004-2007 term of
office, the Sandiganbayan preventively suspended him for 90
days in relation with a criminal case he then faced. The same was
subsequently lifted.
- In the 2007 election, Asilo run for the same position which was
protested by petitioners. It was dismissed by Comelec.
Ruling:
- Petition granted.
- The “interruption” of a term exempting an elective official from
the three-term limit rule is one that involves no less than the
involuntary loss of title to office and not temporary “cessation of
the exercise of power or authority. Temporary inability or
disqualification, voluntary or not, should not be considered an
effective interruption of a term because it does not involve the
12
loss of title or effective break as he is simply barred from
exercising the functions of his office for a reason provided by law
- “failure to serve” cannot be used once the right to office is lost
- Term” in a legal sense means a fixed and definite period of time
which the law describes that an officer may hold an office.
Reference is to the term, not to the service that a public official
may render. In other words, the limitation refers to the term
- Conversion of the municipality into a city is not exempt from 3-
term rule. The territorial jurisdiction, inhabitants who voted and
over whom the municipal mayor held power and authority as
their chief executive
- preventive suspension, by its nature, is a temporary incapacity to
render service during an unbroken term; in the context of term
limitation, interruption of service occurs after there has been a
break in the term
- Preventive suspension, because it is imposed by operation of
law, does not involve a voluntary act except in the indirect sense
that he may have voluntarily committed the act that became the
basis of the charge, hence, it does not have the element of
voluntariness that voluntary renunciation embodies. Allowing to
consider as involuntary renunciation would make a simple
fabricated administrative charge, which may be dismissed
subsequently overturn the prohibition of constitution.
Section 9. Legislative bodies of local governments shall have
sectoral representation as may be prescribed by law.
Cases:
Supangan vs Santos
Facts:
- G.R. No 84663 – Supangan was a member of the Kabataang
Barangay (KB) of Mabini, Pangasinan, elected at SK Chairman and
KB Provincial Federation President, appointed by Marcos
Sangguniang Panlalawigan representing the youth sector.
respondent Marissa Domantay by virtue of letter of Secretary
Luis T. Santos, replaced Supangan. Supangan conteded that Sec.
Santos has no legal authority to designate Domantay as he has
never been elected president of Provincial Federation President,
sine qua non for appointment
- G.R. No. 85012 - respondent Domingo R. de Guzman was
designated member of the Sangguniang Bayan of the
Municipality of Taguig by Secretary Luis T. Santos. Councilors
Rufino Mamonong, Castillo and Agapito Cruz, Jr. objected
acceptance of de Guzman's papers as the ABC representative.
Acting mayor filed a complaint against Castillo, Cruz and
Mamonong with DILG for having unlawfully conspired and
confederated depriving de Guzman of his rights and privileges
that attach to his office and to delete his name despite
appointment. Castillo, Mamonong and Cruz filed the present
petition to annul the designation of respondent de Guzman on
the grounds that no law prescribing the appointment of sectoral
representatives, Only the President of the Philippines can
appoint sectoral representatives and cannot be delegated, and
delegating power only received after appointment.
- G.R. No. 86393 - respondent Hon. Luis T. Santos issued two (2)
Memoranda designated private respondents Romeo P. Bularan
and Rafael Cortez as members of the Sangguniang Bayan of
Valenzuela, Metro Manila, representing the Agricultural and
Industrial Labor sectors. Petitioner questions its
constitutionality, w/n secretary of DILG has the power to appoint
sectoral representatives.
- G.R. No. 87601 – petition to compel respondents Presiding
Officer and Members of the Sangguniang Panlungsod of Ozamis
City to recognize petitioners' appointments as nominated by City
Mayor. The ground is designations have not complied with the
conditions precedent prescribed by LGC and IRR.
- G.R. No. 87602 – secretary of DILG issued a Memorandum
designating Antonio B. Gomez member of the Sangguniang
Panlungsod (representing the Agricultural Sector) of Angeles
City. Petitioners objected on the ground that Gomez was a

defeated candidate for councilor in the last election and was not
engaged to agricultural works.
- G.R. No. 87792 - Petitioners are appointees of Hon. Sec. Luis T.
Santos, DILG, as members representing various sectors. The
Council did not readily accept and recognize their appointments
- G.R. No. 87935 - Soriano and Costales were extended
appointments as members of the Sangguniang Bayan of
Urdaneta, Pangasinan representing the industrial and
agricultural sectors respectively
- G.R. No. 89072 respondents Heracleo Dumadag, Jr. and Felix
Tiukinhoy were designated by Sec. Santos as representatives of
the industrial and agricultural sectors, respectively. Council
refused to recognize. Petitioner contends that Before the
President could extend appointment/designation to sectoral
representatives, the Sangguniang Panlungsod must first pass a
resolution certifying to the effect that the sectors concerned are
of sufficient number as to warrant representation, Dumadag is
not a resident of Surigao City, Tiukinhoy on the other hand, is not
a farmer
- G.R. No. 90205 - petitioners seek to enjoin the respondents
Mayor Ramon R. Guico, Kagawads from recognizing respondents
Tambo and Sison as members of the Municipal Council
Contention of Petitioner:
- Designation made is unlawful since there was no enabling law to
implement it
- Power to appoint belongs to the president and cannot be
delegated
- The manner of delegation was not made according to the
manner required by law.
- Appointees are not qualified.
Issues:
Authority of the Secretary of Local Government to designate/appoint
members/sectoral representatives to the local legislative bodies.
Ruling:
- LGC BP 337 provides that the power to appoint sectoral
representatives is conferred upon the President which he may
validly transmit to the secretary.
- The phrase "as may be prescribed by law is not prospective in
character. Section 9 commands that all legislative bodies of local
governments must have sectoral representatives among its
members, and the appointment or designation of individuals
thereto must be done in accordance with provisions of law,
whether that law exists or has still to be passed. But in this case
that law already exists in B.P. Blg. 337 particularly Sections 146
and 173. In any event B.P. Blg. 337 is still operative, even after
the ratification of the 1987 Constitution, because the Transitory
Provisions (Article XVIII) provides for the continued operation of
all existing laws, etc. not inconsistent with it
- In cases where the Sanggunian concerned has not yet
determined that the Industrial and Agricultural Labor Sectors in
their particular city or municipality are of sufficient number to
warrant representation, there will absolutely be no basis for the
designations/appointments. As a general rule, such prior
determination by the Sangguniang itself is a condition sine qua
non to a valid appointment
- Appointee to the Sanggunian who sits there as a representative
must meet the qualifications required by law for the position.
The Constitution does not prescribe the qualifications for the
position. However, the use of the term "sectoral representation"
implies that the person to be appointed must possess the
necessary qualifications to represent that particular sector and
must actually belong to the sector which he purports to
represent, otherwise there can be no true representation.
- G.R. No. 84663 - Marissa Domantay has never been elected as
Kabataang Barangay Provincial Federation President, hence,
appointment is not valid, the tenure of petitioner Johnny
Supangan, Jr. cannot be terminated on that basis alone
- G.R. No. 85012 - no certification from the Sangguniang Bayan of
Valenzuela that the sectors concerned are of sufficient number
to warrant representation, hence invalid.
13
- G.R. No. 87601 - no prior determination/certification by the
Sanggunian that these sectors are of sufficient number to
warrant representation
- G.R. No. 87602 - Antonio Gomez is null and void, first he is not
qualified to represent the agricultural sector
- G.R. No. 87792 - no prior determination of the sufficiency in
number of the sector concerned and consultation with such
members, and second, the appointees are not qualified (not
president of Katipunan Panlunsod as required, a politician and
not a laborer, not president of Kabataang Barangay)
- G.R. No. 87935 - Soriano and Costales are not qualified to
represent the industrial and agricultural sectors, respectively
- G.R. No. 89072 - no prior determination of the sufficiency in
number of the sector concerned and consultation with such
members, and second, the appointees are not qualified
- G.R. No. 90205 - appointments must be held legal and valid
Section 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.
- Plebiscite is an indispensable requirement in the creation, division,
merger, abolition and substantial boundary alteration
Tan vs Comelec
Facts:
- Petitioners, residents of the Province of Negros Occidental, in the
various cities and municipalities therein filed with this Court a
case for Prohibition for the purpose of stopping respondents
Commission on Elections from conducting the plebiscite as
consequence to enactment of Batas Pambansa Blg. 885-An Act
Creating Province of Negros del Norte (Silay, Cadiz, and San
Carlos and the municipalities of Calatrava, Taboso, Escalante,
Sagay, Manapla, Victorias, E.R. Magalona; and Salvador
Benedicto)
- Writ of prohibition was issued since plebiscite only includes
voters of the new province and new schedule to include all voters
of entire province of negros occidental.
Contention of Petitioners:
- Batas Pambansa Blg. 885 is unconstitutional and it is not in
complete accord with LGC and Section 197 which enumerates
the conditions which must exist to provide the legal basis for the
creation of a provincial unit (at least 3.5K sq km, 500K population,
estimated annual income as certified by Ministry of Finance, of
not less than 10 Mn for last 3 consecutive years, and its creation
shall not reduce the population and income of the mother
province or provinces The territory need not be contiguous if it
comprises two or more islands)
- Area not satisfied (2.8K)
Contention of Respondent:
- Batas Pambansa Big. 885 does not infringe the Constitution
because the requisites of the Local Government Code have been
complied with and case has now become moot and academic
- remaining cities and municipalities of the Province of Negros
Occidental do not fall within the meaning and scope of the term
"unit or units affected
- In the land area, also the land and water shall be included.
Ruling:
- Batas Pambansa Blg. 885 is unconstitutional.
- Plain and simple logic will demonstrate than that two political
units would be affected. The first would be the parent province
of Negros Occidental because its boundaries would be
substantially altered. The other affected entity would be
composed of those in the area subtracted from the mother
province to constitute the proposed province of Negros del
Norte.
- Paredes case is "one of those cases where the discretion of the
Court is allowed considerable leeway" and that "there is indeed
an element of ambiguity in the use of the expression unit or units
affected." The ruling rendered in said case was based on a
claimed prerogative of the Court then to exercise its discretion

on the matter. It did not resolve the question of how the
pertinent provision of the Constitution should be correctly
interpreted. Hence, not doctrinal.
- Creation of province will substantially alter the land area and
economy. What was involved was no 'birth' but "amputation."
- by holding the plebiscite only in the areas of the new proposed
province, this tactic will be tainted with illegality, sinister designs
to achieve "pure and simple gerrymandering
- What need not be "contiguous" is the "territory" the physical
mass of land area. the word territory in the first paragraph of
Section 197 is meant to be synonymous with "land area" only
Padilla vs Comelec
Facts:
- Republic Act No. 7155 creates the Municipality of Tulay-Na-Lupa
in the Province of Camarines Norte to be composed of Barangays
Tulay-Na-Lupa, Lugui, San Antonio, Mabilo I, Napaod, Benit,
Bayan-Bayan, Matanlang, Pag-Asa, Maot, and Calabasa.
Plebiscite will be held in affected areas/unit (both new and
mother)
- Plebiscite Board of Canvassers declared the rejection and
disapproval of the independent Municipality of Tulay-Na-Lupa by
a majority of votes. petitioner as Governor of Camarines Norte,
seeks to set aside the plebiscite
Contention of petitioner:
- plebiscite was a complete failure and that the results obtained
were invalid and illegal because the plebiscite, as mandated by
COMELEC Resolution No. 2312 should have been conducted only
in the political unit or units affected, i.e. the 12 barangays
comprising the new Municipality of Tulay-Na-Lupa and should
not include the mother municipality.
- Upon ratification of 1987 constitution, doctrine of Tan vs
Comelec was already abandoned, thus reinstating the case of
Paredes v. Executive Secretary ruling that only the voters of the
unit to be segrated should be included in the plebiscite.
Ruling:
- Petition was dismissed.
- The deletion of the phrase "unit or" in Section 10, Article X of the
1987 Constitution from its precursor, Section 3 of Article XI of the
1973 Constitution not affected ruling in Tan vs. Comelec as
affirmed by CONCOM.
- what is contemplated by the phase "political units directly
affected," is the plurality of political units which would
participate in the plebiscite (mother and new)
League of Cities vs Comelec
Facts:
- petitions filed by the League of Cities of the Philippines (LCP)
assailing the constitutionality of the sixteen (16) laws,[1] each
converting the municipality covered thereby into a component
city (Cityhood Laws) and to prohibit plebiscite.
- Court En Banc granted the petitions and struck down the
Cityhood Laws as unconstitutional for violating Sections 10 and
6, Article X, and the equal protection clause. Court en banc
denied the 1st and 2nd motions. The court En Banc, by a vote of 6-
4, then declared the Cityhood Laws as constitutional.
- First declaration of unconstitutionality: they are not written in
the LGC of 1991 as amended by (R.A.) No. 9009 which took effect
on June 30, 2001. Prior to the amendment, Section 450 of the
LGC required only an average annual income, as certified by the
Department of Finance, of at least P20 Mnfor the last two (2)
consecutive years
- Reason for amending the financial requirement from 20 Mn to
100 Mn, by incorporating the Internal Revenue share of the taxes
of the nation on to their regularly generated revenue, all
municipalities in this country would qualify to become cities
Ruling:
- Cityhood laws are constitutional.
- Congress intended that those with pending cityhood bills during
the 11th Congress would not be covered by the new and higher
income requirement of P100 million imposed by R.A. No. 9009.
Congress merely took the 16 municipalities covered thereby
14
from the disadvantaged position brought about by the abrupt
increase and only sought the well-being of respondent
municipalities, having seen their respective capacities to become
component cities of their provinces, temporarily stunted by the
enactment of R.A. No. 9009.
- The enactment of the Cityhood Laws is an exercise by Congress
of its legislative power. So they can limit. Explicit exemptions
from amendatory law are amendments to LGC itself.
- Cityhood Laws do not violate Section 6, Article X and the equal
protection clause of the Constitution. equal protection clause of
the 1987 Constitution permits a valid classification, provided that
it: (1) rests on substantial distinctions; (2) is germane to the
purpose of the law; (3) is not limited to existing conditions only;
and (4) applies equally to all members of the same class. Purpose
of the enactment of R.A. No 9009 was merely to stop the “mad
rush of municipalities wanting to be converted into cities. The
determination of the existence of substantial distinction with
respect to respondent municipalities does not simply lie on the
mere pendency of their cityhood bills but by the purpose of the
law (LGC), that is capacity and viability of respondent
municipalities to become component cities.
- The financial capacity was supposed to be demonstrated by the
municipality wishing to become a city by its own effort, meaning
to say, it should not rely on the internal revenue share that
comes from the government
Sema vs Comelec
Facts:
- Petitions to annul Resolution No. 7902 of Comelec treating
Cotabato City as part of the legislative district of the Province of
Shariff Kabunsuan
- two legislative districts for the Province of Maguindanao: 1.
legislative district consists of Cotabato City and eight
municipalities.
- Maguindanao forms part of ARMM, although under the
Ordinance, Cotabato City forms part of Maguindanao’s first
legislative district, it is not part of the ARMM but of Region XII
- ARMM Regional Assembly created the Province of Shariff
Kabunsuan composed of the eight municipalities in the first
district of Maguindanao. Thus, what was left of Maguindanao
were the municipalities constituting its second legislative district.
Cotabato City, although part of Maguindanao’s first legislative
district, is not part of the Province of Maguindanao.
- The voters of Maguindanao ratified Shariff Kabunsuan’s creation
in a plebiscite
- Resolution maintains the status quo with Cotabato City as part of
Shariff Kabunsuan in the First Legislative District of
Maguindanao. Resolution No. 7845 concluded the inclusion of
Cotabato City in Maguindanao’s 1st legislative district. Resolution
No. 7902 rename the district as “Shariff Kabunsuan Province with
Cotabato City
- Sema, who was a candidate for Representative of “Shariff
Kabunsuan with Cotabato City,” prayed for the nullification of
COMELEC Resolution No. 7902 and the exclusion from
canvassing of the votes cast in Cotabato City for that office
Contention of Sema:
- Shariff Kabunsuan is entitled to one representative in Congress,
Resolution No. 7902 which maintained the status quo in
Maguindanao’s first legislative district despite Resolution No.
7845 designating Cotabato City as the lone component of
Maguindanao’s reapportioned first legislative district. COMELEC
usurped Congress’ power to create or reapportion legislative
districts due to Resolution No. 7902
Contention of Comelec:
- exercise of its administrative, not quasi-judicial, power and the
case was already moot for declaring Dilangalen.
Contention of Dilangalen:
- Sema was estopped for indicating in his COC to run
representative thereof.
- COMELEC Resolution No. 7902 is constitutional because it did not
apportion a legislative district for Shariff Kabunsuan or

reapportion the legislative districts in Maguindanao but merely
renamed Maguindanao’s first legislative district
- Section 19, Article VI of RA 9054 is unconstitutional the power
to create provinces was not among those granted to the
autonomous regions under Section 20, Article X of the
Constitution and (b) the grant under Section 19, Article VI of RA
9054 to the ARMM Regional Assembly of the power to prescribe
standards lower than those mandated in Section 461 of RA 7160
on the creation of provinces contravenes Section 10, Article X of
the Constitution and the Equal Protection Clause
Issues:
1. test the constitutionality of COMELEC Resolution No. 7902
(renaming)
2. whether Section 19, Article VI of RA 9054, delegating to the
ARMM Regional Assembly the power to create provinces,
cities, municipalities and barangays, is constitutional
3. Section 19, Article VI of RA 9054 is entitled to one
representative in the House of Representatives without
need of a national law creating a legislative district for such
province
Ruling:
- Section 19, Article VI of RA 9054 is unconstitutional, , MMA Act
201 creating the Province of Shariff Kabunsuan is void,
COMELEC Resolution No. 7902 is valid.
- organic acts of autonomous regions cannot prevail over the
Constitution
- legislative powers of regional assemblies are limited “[w]ithin
its territorial jurisdiction and subject to the provisions of the
Constitution and national laws
- The ARMM Regional Assembly cannot create a province
without a legislative district because the Constitution mandates
that every province shall have a legislative district.
Ruling 1
- Valid. merely complies with Section 5 of Article VI and Section 20
of Article X
Ruling 2
- the creation of any of the four local government units – province,
city, municipality or barangay – must comply with three
conditions: must follow criteria fixed by LGC, creation must not
conflict with any provision of the Constitution and plebiscite to
units affected. Congress has delegated to provincial boards, and
city and municipal councils, the power to create barangays
within their jurisdiction. There is no provision in the Constitution
that conflicts with the delegation to regional legislative bodies of
the power to create municipalities and barangays. However, with
creation of provinces and cities, exclusive power of congress is
needed (Art VI). the power to create a province or city inherently
involves the power to create a legislative district
Ruling 3
- The power to increase the allowable membership in the House
of Representatives, and to reapportion legislative districts, is
vested exclusively in Congress (power of redistricting)
- The power to reapportion legislative districts necessarily
includes the power to create legislative districts out of existing
ones.
- Creation of legislative districts must be embodied in a national
law. Only Congress can enact such a law. It would be anomalous
for regional or local legislative bodies to create or reapportion
legislative districts for a national legislature like Congress. An
inferior legislative body, created by a superior legislative body,
cannot change the membership of the superior legislative body.
- The creation of the ARMM, and the grant of legislative powers to
its Regional Assembly under its organic act, did not divest
Congress of its exclusive authority to create legislative districts
(Section 20 of Art X). Section 3, Article IV of RA 9054 provides,
“The Regional Assembly may exercise legislative power except
on the following matters National elections. It would be
incongruous for a regional legislative body like the ARMM
Regional Assembly to create a national office when its legislative
powers extend only to its regional territory.
- Creation of a legislative district by Congress does not emanate
alone from Congress’ power to reapportion legislative districts,
15
but also from Congress’ power to create provinces which cannot
be created without a legislative district. Only Congress has the
power to create, or trigger the creation of, a legislative district.
SECTION 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 executives
and legislative assemblies. The jurisdiction of the metropolitan
authority that will hereby be created shall be limited to basic
services requiring coordination.
- Jurisdiction is limited to basic services requiring coordination
- MMDA (RA 7924) – handle the administration of metrowide basic
services affecting 14 cities and 2 municipalities
1. Development planning
2. Transport and traffic management
3. Solid waste disposal and management
4. Flood control and sewerage management
5. Urban renewal, zoning and land use planning
6. Health and sanitation, urban protection and pollution control
7. Public safety
Cases:
MMDA vs Bel-Air
Facts:
- respondent received from petitioner, through its Chairman, a
notice requesting respondent to open Neptune Street to public
vehicular traffic, perimeter wall separating the subdivision from
the adjacent Kalayaan Avenue would be demolished
- Respondent instituted against petitioner before the RTC of
injunction. RTC denied. Upon appeal, appellate court favored
respondent finding that the MMDA has no authority to order the
opening of Neptune Street, such is lodged in the City Council of
Makati by ordinance
Contention of MMDA:
- it has the authority as an agent of the state endowed with police
power in the delivery of basic services in Metro Manila which
include traffic management, use of thoroughfares to insure the
safety, convenience and welfare of the general public. Due to
police power affirmed in the decided case of Sangalang vs
Appellate Court, there is no need for the City of Makati to enact
an ordinance opening Neptune Street to the public.
Ruling:
- Police power is an inherent attribute of sovereignty vested by the
Constitution in the national legislature which may be delegated.
Once delegated, the agents can exercise only such legislative
powers as are conferred on them by the national lawmaking
body. Congress through section 16 of LGC delegated this power.
- Metro-wide services" are those "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. MMDA has the power to
enter into contracts, memoranda of agreement and other
cooperative arrangements with these bodies for the delivery of
the required services within Metro Manila. MMDA is governed
by Metro Manila Council composed of mayors, chairman
appointed by the president, and the board promulgates RR
- The scope of the MMDA’s function is limited to the delivery of
the seven (7) basic services and following acts: formulation,
coordination, regulation, implementation, preparation,
management, monitoring, setting of policies, installation of a
system and administration. There is no syllable in R. A. No. 7924
that grants the MMDA police power/legislative power. It is an
agency/authority created for the purpose of laying down policies
and merely provides LGUs technical assistance in the preparation
of local development plans. It is purely coordinative and policy-
making.
- Rationalizing the use of roads and thoroughfares is one of the
acts that fall within the scope of transport and traffic
management and not an express or implied grant of ordinance-
making power, much less police power

- Sanggalang case involved zoning ordinance. MMC though
forerunner of MMDA, the former has greater power under its PD
824 (charter), assigning MMC as "central government" of Metro
Manila for the purpose of establishing and administering
programs providing services common to the area, such with
power to issue ordinances.
- Political subdivision has its own government, it has its own
political personality, it has the power to tax, and all
governmental powers: police power and everything. Authority
does not have its own government; it is only a council with no
political power.
- MMDA is an authority, since its charter was not approved
through plebiscite, chairman was appointed by the president,
who has control. It is administrative in character
SECTION 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 officials
- Classification of cities
1. Highly urbanized
2. Independent component
3. Component
- Not violation of right to suffrage and equal protection clause
Abella vs Comelec
Facts:
- Adelina Larrazabal- wife of Emeterio V. Larrazabal of original
candidate of Lakas, however disqualified (G.R. No. 100739) who
obtained the highest number of votes but was later disqualified
by Comelec due to lack both residence and registration
qualifications for the position. Benjamin Abella – Liberal Party
(G.R. No. 100710), who obtained the second highest number of
votes for the position of governor but was not allowed by the
COMELEC to be proclaimed as governor after the disqualification
of Larrazabal, Leopoldo E. Petilla, the vice-governor of the
province of Leyte
Contention of Larrazabal:
- COMELEC completely disregarded our pronouncement in G.R.
No. 88004 in that instead of acting on SPC Case No. 88-546 under
section 78 of the Election Code, the COMELEC proceeded with a
disqualification case not contemplated in G.R. No. 88004.
- She is a resident of Kananga, living in Ormoc, but with intention
to return to Kananga, making it her domicile.
- being a registered voter in Ormoc City was no impediment to her
candidacy for the position of governor of the province of Leyte.
while a Component City whose charter prohibits its voters from
participating in the elections for provincial office, is indeed
independent of the province, such independence cannot be
equated with a highly urbanized city and voters are likewise
prohibited from running for the provincial offices
- Commissioner Flores’s signature is without bearing since his
term has expired and the president has no power to fix the term
of a commissioner.
Contention of Dela Cruz:
- Larrazabal is neither a resident nor a registered voter of Kananga,
Leyte as she claimed but a resident and registered voter of
Ormoc City, a component city of the province of Leyte but
independent of the province pursuant to Section 12, Article X
Contention of Abella:
- Any candidate who has been declared by final judgment to be
disqualified shall not be voted for, and the votes case for him
shall not be counted. The votes cast in favor of Larrazabal, are
not considered counted making her a non-candidate, he, who
obtained the second highest number of votes should be installed
as regular Governor of Leyte in accordance with the Court's
ruling in G.R. No. 88004
Issue:
16
Who is the rightful governor of the province of Leyte
Ruling (Larrazabal):
- Petition was dismissed.
- Larrazabal is not a resident due to the factual evidence and as
provided by the Civil Code.
- Section 89 of Republic Act No. 179 creating the City of Ormoc
provides that qualified voters of Ormoc City shall not be qualified
and entitled to vote in the election of the provincial governor and
the members of the provincial board of the Province of Leyte.
Ormoc City when organized was not yet a highly-urbanned city
but is, nevertheless, considered independent of the province of
Leyte as designated by its charter. This independence from the
province carries with it the prohibition or mandate directed to
their registered voters not to vote and be voted for the provincial
elective offices
- Commissioner is still de facto commissioner. Court only affirmed
the decision of Comelec en banc.
Ruling (Abella):
- Local elections proceeded with Larrazabal considered as a bona-
fide candidate. The voters of the province voted for her in the
sincere belief that she was a qualified candidate for the position
of governor. Her votes were counted and she obtained the
highest number of votes. The net effect is that the petitioner lost
in the election. The contention is not compelling. Candidate who
obtains the second highest number of votes for the same
position cannot assume the vacated position
SECTION 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.
- Weapon against poverty and other shared problems
SECTION 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
- LGUs relate to Regional Development Council in matters that
concern their own.
- Illustration of autonomy
- RDC is a machinery that will give life and meaning to principle.
Autonomous Region
SECTION 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
SECTION 16. The President shall exercise general supervision over
autonomous regions to ensure that the laws are faithfully executed.
SECTION 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.
SECTION 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
multisectoral 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.
The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall
be included in the autonomous region.
Cases
Abbas vs Comelec
Facts:
- consolidated petitions enjoining Comelec from conducting the
plebiscite and the Secretary of Budget and Management from
releasing funds to the COMELEC for that purpose and declare
R.A. No. 6734 (An Act Providing for an Organic Act for the
Autonomous Region in Muslim Mindanao ) unconstitutional
Contention of petitioners:
- RA 6734 violates constitution as it unconditionally creates an
autonomous region in Mindanao, contrary to the aforequoted
provisions of the Constitution on the autonomous region which
make the creation of such region dependent upon the outcome
of the plebiscite. Art II of RA states that "[t]here is hereby created
the Autonomous Region in Muslim Mindanao, to be composed
of provinces and cities voting favorably in the plebiscite… in
accordance with Sec 18 Art X”, the tenor makes the creation of
an autonomous region absolute, such that even if only two
provinces vote in favor of autonomy, an autonomous region
would still be created.
- It conflicts Tripoli agreement (RP and MNLF to create ARMM),
that the Tripoli Agreement is part of the law of the land, being a
binding international agreement
- R.A. No. 6734 on the ground that it violates the constitutional
guarantee on free exercise of religion basing on the provision
that national law shall be favored over tribal/muslim code.
- Article XIX, section 13 of R.A. No. 6734 grants the President the
power to merge regions, a power which is not conferred by the
Constitution upon the President.
- Oversight Committee to supervise the transfer to the
autonomous region, such provisions are unconstitutional
because while the Constitution states that the creation of the
autonomous region shall take effect upon approval in a
plebiscite, the requirement of organizing an Oversight
committee tasked with supervising the transfer of powers and
properties to the regional government would in effect delay the
creation of the autonomous region
Contention of Mama-o:
- R.A. No. 6734 is unconstitutional because only the provinces of
Basilan, Sulu, Tawi-Tawi, Lanao del Sur, Lanao del Norte and
Maguindanao and the cities of Marawi and Cotabato, and not all
of the thirteen (13) provinces and nine (9) cities included in the
Organic Act, possess such concurrence in historical and cultural
heritage and other relevant characteristics. As such, Congress
has expanded the scope of the autonomous region which the
constitution itself has prescribed to be limited.
Ruling:
- Constitution itself that provides for the creation of an
autonomous region in Muslim Mindanao. The standard for any
inquiry into the validity of R.A. No. 6734 would therefore be what
is so provided in the Constitution. Thus, any conflict between the
provisions of R.A. No. 6734 and the provisions of the Tripoli
Agreement will not have the effect of enjoining the
implementation of the Organic Act. If an international and
binding agreement, as internal law it would not be superior to
R.A. No. 6734, an enactment of the Congress of the Philippines
- The reference to the constitutional provision cannot be glossed
over for it clearly indicates that the creation of the autonomous
region shall take place only in accord with the constitutional
requirements.
- The creation of the autonomous region is made to depend, not
on the total majority vote in the plebiscite, but on the will of the
majority in each of the constituent units and the proviso
underscores this since the phraseology used was not “shall be
17
effective when approved by a majority of the votes cast in a
plebiscite” but phrased as “shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite”
- Simple majority of votes approving the organic Act in individual
constituent units and not a double majority of the votes in all
constituent units put together, as well as in the individual
constituent units.
- Mama-o: The Constitution lays down the standards by which
Congress shall determine which areas should constitute the
autonomous region. Any review of this ascertainment would
have to go into the wisdom of the law. This the Court cannot do
without doing violence to the separation of governmental
powers.
- Judicial power includes the duty to settle actual controversies.
No actual controversy to resolve.
- What is referred to in R.A. No. 6734 is the merger of
administrative regions, i.e. Regions I to XII and the National
Capital Region, which are mere groupings of contiguous
provinces for administrative purposes, not territorial or political
subdivisions. This is aid in the supervisory role of the president.
- Under the constitution, the creation of the autonomous region
hinges only on the result of the plebiscite. if the Organic Act is
approved by majority of the votes cast by constituent units in the
scheduled plebiscite, the creation of the autonomous region
immediately takes effect and creation of committee does not
provide for a different date of effectivity.
Cordillera vs Comelec
Facts:
- people of the provinces of Benguet, Mountain Province, Ifugao,
Abra and Kalinga-Apayao and the city of Baguio cast their votes
in a plebiscite held pursuant to Republic Act No. 6766 entitled
"An Act Providing for an Organic Act for the Cordillera
Autonomous Region
- majority of 5,889 votes in only the Ifugao Province and was
overwhelmingly rejected by 148,676 votes in the rest
- Comelec issued Resolution No. 2259 stating that the Organic Act
as approved and affirmed by Secretary of justice and that Ifugao
is the only province constituting CAR. Congress enacted Republic
Act No. 6861. Administrative Order No. 160 declaring among
others that the Cordillera Executive Board and Cordillera
Regional Assembly and all the offices created under Executive
Order No. 220 were abolished in view of the ratification of the
Organic Act
Contention of the petitioner:
- there can be no valid Cordillera Autonomous Region in only one
province as the Constitution and Republic Act No. 6766 require
that the said Region be composed of more than one constituent
unit
Contention of Secretary of Justice:
- (CAR) as mandated by R.A. No. 6766 became effective upon its
approval by the majority of the votes cast in the province of
Ifugao. And considering the proviso in Section 13 (a) that only the
provinces and city voting favorably shall be included in the CAR,
the province of Ifugao being the only province which voted
favorably — can, alone, legally and validly constitute the CAR
Issue:
W/N the province of Ifugao, being the only province which voted
favorably for the creation of the Cordillera Autonomous Region can,
alone, legally and validly constitute such Region
Ruling:
- Petition was granted.
- The sole province of Ifugao cannot validly constitute the
Cordillera Autonomous Region
- In Section15, provinces, cities, municipalities and geographical
areas connote that "region" is to be made up of more than one
constituent unit (region means 2 or more provinces)
- Article III, Sections 1 and 2 of RA 6766 provide that the Cordillera
Autonomous Region is to be administered by the Cordillera
government consisting of the Regional Government and local
government units

- absurd situation of having two sets of officials, a set of provincial
officials and another set of regional officials, 2 legislative bodies,
exercising their executive and legislative powers over exactly the
same small area, too small population (11%)
- Abbas is not applicable since the issue in Abbas is whether or not
a province is included not whether a sole province can constitute
an autonomous region.
Leonor vs Cordillera
Facts:
- Petitioners, spouses Leonor and Rosa Badua, allegedly own a
farm land in Lucaga, Abra. They were forcibly ejected from the
land by virtue of a "decision" of the Cordillera Bodong
Administration
- Quema, as the owner of two parcels of land mortgaged to Dra.
Erotida Valera. He was able to redeem the land long after the
mortgagee had already died and paid to mortgagee’s heir. Rosa
Badua, alleged that the land was sold to her by Dra. Erotida
Valera when she was still alive, deed of sale cannot be produced,
as it was under custody of vice-governor Benesa
- Quema filed it in the tribal court favoring Quema. tribal court, or
council of elders, is composed of prominent and respected
residents in the locality. It decides and settles all kinds of disputes
more speedily than the regular courts, without the intervention
of lawyers.
Contention of respondents:
- the proceedings and decisions of the tribal courts are respected
and obeyed by the parties and contented that the Supreme Court
has no jurisdiction over the tribal courts because they are not a
part of the judicial system
Issue:
W/N tribal court of the Cordillera Bodong Administration can render
a valid and executory decision in a land dispute
Ruling:
- Petition was granted.
- In the plebiscite that was held on January 23, 1990 pursuant to
Republic Act 6766, the creation of the Cordillera Autonomous
Region was rejected. EO 220 was declared null and void.
Cordillera Bodong Administration created under Section 13 of
Executive Order No. 220 do not legally exist. Maeng Tribal Court
was not constituted into an indigenous or special court under
R.A. No. 6766. Hence, the Maeng Tribal Court is an ordinary tribal
court existing under the customs and traditions of an indigenous
cultural community and not part of Philippine judicial system.
- decisions of a tribal court based on compromise or arbitration,
as provided in P.D. 1508, may be enforced or set aside, in and
through the regular courts today
SECTION 19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both
Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
SECTION 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.
SECTION 21. The preservation of peace and order within the regions
shall be the responsibility of the local police agencies which shall be
organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the
responsibility of the National Government
18
- RA 6734 – ARMM
1. Basilan
2. Lanao del sur
3. Maguindanao
4. Sulu
5. Tawi-tawi
- The plebiscite will decide the following:
1. W/N there will be an autonomous region
2. Which provinces or cities shall comprise it
- One province cannot comprise an autonomous region since the
region connotes two or more provinces
- Organic acts are special statutes completed by plebiscite and
cannot be amended or repealed by ordinary statutes.
Cases
Pandi vs Comelec
Facts:
- Petition seeking the reversal of the decision of the Court of
Appeals which declared Saber entitled to the position of Officer-
in-Charge of the Integrated Provincial Health Office-Amai Pakpak
General Hospital ("IPHO-APGH" for brevity), Lanao del Sur
- Macacua, Regional Director and secretary of the Department of
Health of ARMM issued a Memorandum designating Pandi, who
was then DOH-ARMM Assistant Regional Secretary, as Officer-in-
Charge of the IPHO-APGH, Lanao del Sur. Sani was detailed to
DOH-ARMM Regional Office in Cotabato City. Governor Mahid
M. Mutilan issued Office Order No. 07 designating Saber also as
Officer-in-Charge of the IPHO-APGH, Lanao del Sur.
- Sani filed complaint with RTC challenging his transfer, contending
that he is the holder of a permanent appointment
- Saber filed complaint with CA claiming that he is the lawfully
designated Officer-in-Charge.
- President Fidel V. Ramos issued Executive Order No. 133
transferring the powers and functions of the Department of
Health in the region to the Regional Government of the ARMM.
Macacua issued a Memorandum reiterating Pandi’s designation
and Sani’s detail to the Regional Office. Complaints and motions
were filed with CA. All were dismissed.
Ruling of CA:
- Saber is the lawfully designated Officer-in-Charge since Governor
Mahid Mutilan has the power and authority to appoint the
provincial health officer under LGC. Authority and power to
appoint the Provincial Health Officer is vested by law in the
Provincial Governor.
- Mere devolution of the powers and functions of the DOH to the
ARMM does not authorize Dr. Macacua as Secretary make
designation. Such is only administrative supervision and control
and other functions which do not in any manner relate to the
power of appointment and designation.
- Organic Act of 1989 and the ARMM Local Code could not prevail
over the 1991 LGU Code. Section 18, Article VIII of the same
Organic Act provides that regional Governor shall have control
on executive, general supervision over LGUs and shall not
authorize the diminution of the powers and functions already
enjoyed by LGUs.
- LGC limits the appointing power of the Provincial Governor to
provincial officials and employees paid mainly from provincial
funds refers to employees whose appointments are not
otherwise provided in the Code. Since the provincial health
officer is a mandatory appointive provincial officer, limitation
does not apply even salary came from national fund.
- Sani was merely on detail to the position and governor did not
appoint or designate Sani to the position
Issues:
1. W/N an incumbent provincial health officer of Lanao del Sur can
be assigned to another province and if so, who can order such
assignment
2. who can designate the Officer-in-Charge, Provincial Governor or
the ARMM Secretary of Health
3. who is empowered to appoint the provincial health officer of
Lanao del Sur - the Provincial Governor, the Regional Governor
or the ARMM Secretary of Health

Ruling:
- Petition was granted. Saber’s appointment was declared void.
Pandi’s appointment was upheld.
- EO 119 (the Minister of Health. 1984 LGC: PHO, national official
appointed to the region) -> Organic Act of 1989 (Secretary of
Health. 1984 LGC: PHO, provincial) ->Revised Administrative
Code (Secretary of Health) ->1991 LGU Code ->(Provincial
governor if funds from provincial funds. PHO, provincial official)
-> EO 133 (Regional government) -> ARMM Local Code (Regional
Governor appoints the provincial health officer from a list of
three recommendees of the Provincial Governor) -> Organic Act
of 2001 (Provincial Governor if salary from provincial funds, if
regional funds, Regional Governor among the nominees of
Provincial governor. Provincial official)
- An ordinary statute, whether general or special, cannot amend
an organic act that provides for an autonomous region which
under the Constitution may only be created, and therefore
changed, through a plebiscite called for the purpose.
- Section 526, which provides the application of LGC to
autonomous region, however, should apply only to autonomous
regions created after the effectivity of the 1991 LGU Code
- The appointing powers of the Regional Governor were those
expressly granted to him under the Organic Act of 1989, as well
as those that he might be granted pursuant to regional law.
Power to appoint may be granted by the Regional Assembly,
however, the assembly has not enacted a law authorizing the
Regional Secretary of Health to appoint provincial health officers.
It cannot be implied from the power of supervision and control.
- Executive powers of the national government have been
expressly devolved to Regional governor.
- doubt as to the existence of the power shall be interpreted in
favor of the local government unit concerned
- passage of the ARMM Local Code the Regional Secretary of
Health lost the authority to assign provincial health officers to
other provinces within the region
- Organic Act of 2001 resolved the issue as to whether the Regional
Government could reduce the share of local government units in
national taxes as provided in the 1991 LGU Code, in favor of LGUs
- At the time of appointment of Saber, funds were from national
funds, hence, it was the Secretary who has the authority to
appoint.
- PHO became a provincial government official only after the
effectivity of the ARMM Local Code in 1994.
- Sani’s transfer: The Secretary of Health, upon recommendation
of the Regional Director, could assign provincial health officers to
any province within the region. Sani cannot claim any security of
tenure as provincial health officer of Lanao del Sur because he
was never appointed to that office. Sani was first detailed by
Macacua prior the transfer of power to regional government.
The secretary still exercise the power, hence the transfer is void.
The second detailing was valid.
- First appointment of Macacua to Pandi is void since the Regional
Secretary at that time did not yet exercise supervision and
control over the provincial health offices of the ARMM. However,
the designation of Pandi on November 6, 1993 is valid since at
that time Executive Order No. 133 had already been issued
vesting in the Regional Secretary of Health supervision and
control over all functions and activities of the Department of
Health in the ARMM. The designation of Pandi, however, while
valid is only temporary in nature, good until a new designation
or a permanent appointment is made
Province of North Cotabato vs Government of the Phil Peace Panel
Facts:
- Subject of these consolidated cases is the extent of the powers
of the President in pursuing the peace process. RP and MILF
(headed by Salamat Hashim) to enter Memorandum of
Agreement on the Ancestral Domain (MOA-AD).
- 1999-2000, President Joseph Estrada declared and carried out an
"all-out-war" against the MILF. Upon assumption of PGMA,
military offensive against the MILF was suspended and the
government sought a resumption of the peace talks
19
- Emmanuel Piñol filed a petition seek to compel respondents
(GRP Peace Panel and Presidential adviser, Hermogenes
Esperon,Jr) to disclose and furnish them the complete and
official copies of the MOA-AD including its attachments, and to
prohibit the slated signing of the MOA-AD, pending the
disclosure of the contents of the MOA-AD and the holding of a
public consultation thereon. Supplementarily, petitioners pray
that the MOA-AD be declared unconstitutional. Various petitions
were also filed praying for the same. Court ordered the
consolidation of the petitions.
- MOA-AD includes not only four earlier agreements between the
GRP and MILF, but also two agreements between the GRP and
the MNLF: the 1976 Tripoli Agreement, and the Final Peace
Agreement on the Implementation of the 1976 Tripoli
Agreement
- MOA-AD also identifies as TOR two local statutes - the organic
act for the Autonomous Region in Muslim Mindanao (ARMM)25
and the Indigenous Peoples Rights Act (IPRA)
- dar-ul-mua'hada (land of compact) and dar-ul-sulh (land of
treaty), Dar-ul-aman (land of order)
- MOA-AD is divided into four strands:
o Concepts and Principles – first nation
o Territory – JBE covers ARMM, has jurisdiction on internal
waters and joint jurisdiction on natural resources.
o Resources - BJE is free to enter into any economic
cooperation and trade relations with foreign countries and
shall have the option to establish trade missions in those
countries. The external defense of the BJE is to remain the
duty and obligation of the Central Government. The sharing
between the Central Government and the BJE of total
production pertaining to natural resources is to be 75:25 in
favor of the BJE
o Governance - MOA-AD binds the Parties to invite a
multinational third-party to observe and monitor the
implementation of the Comprehensive Compact.
- Relationship of the Central Government and the BJE is
"associative," characterized by shared authority and
responsibility. And it states that the structure of governance is to
be based on executive, legislative, judicial, and administrative
institutions with defined powers and functions in the
Comprehensive Compact
- BJE is granted the power to build, develop and maintain its own
institutions inclusive of civil service, electoral, financial and
banking, education, legislation, legal, economic, police and
internal security force, judicial system and correctional
institutions
Contention of respondents:
- MOA-AD is free of any legal infirmity because any provisions
therein which are inconsistent with the present legal framework
will not be effective until the necessary changes to that
framework are made
Contention of petitioners:
- powers granted to the BJE exceed those granted to any local
government under present laws, and even go beyond those of
the present ARMM
Ruling (Procedural):
1. Ripeness - law or act in question is not yet effective does not
negate ripeness. When an act of a branch of government is
seriously alleged to have infringed the Constitution, it becomes
not only the right but in fact the duty of the judiciary to settle the
dispute
2. Locus Standi – Sustained due to direct and substantial injury and
transcendental importance, public interest
3. Mootness – Even the president has disbanded the GRP Peace
Panel, "moot and academic" principle not being a magical
formula that automatically dissuades courts in resolving a case,
it will decide cases, otherwise moot and academic, if it finds that
(a) there is a grave violation of the Constitution;95 (b) the
situation is of exceptional character and paramount public
interest is involved;96 (c) the constitutional issue raised requires
formulation of controlling principles to guide the bench, the bar,
and the public;97 and (d) the case is capable of repetition yet

evading review, (e) once a suit is filed and the doer voluntarily
ceases the challenged conduct and plaintiff seeks damages or
prays for injunctive relief against the possible recurrence of the
violation
Ruling (Substantive):
1. Violation on right to information - Section 7, Article III on the Bill
of Rights – violated. It violates:
a. E.O. No. 3 itself is replete with mechanics for continuing
consultations on both national and local levels and for a
principal forum for consensus-building
b. Republic Act No. 7160 or the Local Government Code of
1991 requires all national offices to conduct consultations
before any project or program critical to the environment
and human ecology including those that may call for the
eviction of a particular group of people residing in such
locality, is implemented therein
c. Republic Act No. 8371 or the Indigenous Peoples Rights Act
of 1997 provides for clear-cut procedure for the recognition
and delineation of ancestral domain, which entails, among
other things, the observance of the free and prior informed
consent of the Indigenous Cultural Communities/Indigenous
Peoples
2. Violation of the provisions of the constitutions:
- Association is formed when two states of unequal power
voluntarily establish durable links. MOA-AD, it contains
many provisions which are consistent with the international
legal concept of association, however, concept of
association is not recognized under the present
Constitution. No province, city, or municipality, not even the
ARMM, is recognized under our laws as having an
"associative" relationship with the national government
(associated entity implies state)
- BJE is not a mere expansion of ARMM. It is a state in all but
name as it meets the criteria of a state laid down in the
Montevideo Convention,154 namely, a permanent
population, a defined territory, a government, and a
capacity to enter into relations with other states
- Parts of ARMM automatically part of the BJE without need
of another plebiscite, in contrast to the areas under
Categories A and B violates the constitution. These provinces
voted for ARMM not BJE.
- Treaty and foreign agreement, in BJE, granted, in our
constitutional system, it is only the President who has that
power
- Violation of section 22, article 2 on national unity. An
associative arrangement does not uphold national unity. The
act of placing a portion of Philippine territory in a status
which, in international practice, has generally been a
preparation for independence is certainly not conducive to
national unity.
- Violation of Organic Act: Respecting the IPRA, it lays down
the prevailing procedure for the delineation and recognition
of ancestral domains. The MOA-AD's manner of delineating
the ancestral domain of the Bangsamoro people is a clear
departure from that procedure
- Notwithstanding the suspensive clause, however,
respondents, by their mere act of incorporating in the MOA-
AD the provisions thereof regarding the associative
relationship between the BJE and the Central Government,
have already violated the Memorandum of Instructions
From The President dated March 1, 2001, which states that
the "negotiations shall be conducted in accordance with x x
x the principles of the sovereignty and territorial integrity of
the Republic of the Philippines. Pursuant also to this
suspensive stipulation, therefore, it is mandatory for the
GRP to effect the changes to the legal framework
contemplated in the MOA-AD - which changes would include
constitutional amendments
- GRP Peace Negotiating Panel to negotiate with the MILF is
founded on E.O. No. 3, Section 5(c). The E.O. authorized
them to "think outside the box," so to speak. President
herself may not exercise the power delegated to the GRP
20
Peace Panel under E.O. No. 3, Sec. 4(a) that she herself does
not possess. President's power to conduct peace
negotiations is implicitly included in her powers as Chief
Executive and Commander-in-Chief. As Chief Executive, the
President has the general responsibility to promote public
peace, and as Commander-in-Chief, she has the more
specific duty to prevent and suppress rebellion and lawless
violence. President - in the course of conducting peace
negotiations - may validly consider implementing even those
policies that require changes to the Constitution, but she
may not unilaterally implement them without the
intervention of Congress (recommend proposed
amendments or revision).
LOCAL GOVERNMENT CODE OF 1991
General Principles
- Effectivity date: January 1, 1992, published in Malaya on October
18, 1991.
- Definition of terms
o Government of the republic – corporate governmental entity
through which the functions of government are exercised
throughout the Philippines, including, save as the contrary
appears from the context, the various arms through which
political authority is made effective in the Philippines, whether
pertaining to autonomous, provincial, city or municipal or
barangay subdivision or other form of local government
o National government – entire machinery of central government
o Local government – political subdivisions established by or in
accordance with the constitution and constituted by law having
substantial control of local affairs.
- Declaration of Policy (Section 2)
1. Genuine and meaningful local autonomy
o Purpose – To enable LGUs to become self-reliant communities
and to make them more effective partners in attainment of
national goals
o Even barangays are meant to possess it.
2. Accountability of LGUs through institution of effective
mechanisms of recall, initiative and referendum
3. Mandatory periodic consultations with LGUs, NGOs and other
sectors of community.
o Both central and GOCCs
SECTION 3. Operative Principles of Decentralization. – The
formulation and implementation of policies and measures on local
autonomy shall be guided by the following operative principles:
a. There shall be an effective allocation among the different
local government units of their respective powers, functions,
responsibilities, and resources;
b. There shall be established in every local government unit an
accountable, efficient, and dynamic organizational structure
and operating mechanism that will meet the priority needs
and service requirements of its communities;
c. Subject to civil service law, rules and regulations, local
officials and employees paid wholly or mainly from local
funds shall be appointed or removed, according to merit and
fitness, by the appropriate appointing authority;
d. The vesting of duty, responsibility, and accountability in local
government units shall be accompanied with provision for
reasonably adequate resources to discharge their powers
and effectively carry out their functions; hence, they shall
have the power to create and broaden their own sources of
revenue and the right to a just share in national taxes and an
equitable share in the proceeds of the utilization and
development of the national wealth within their respective
areas;
e. 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;

f. Local government units may group themselves, consolidate
or coordinate their efforts, services, and resources for
purposes commonly beneficial to them;
g. The capabilities of local government units, especially the
municipalities and barangays, shall be enhanced by providing
them with opportunities to participate actively in the
implementation of national programs and projects;
h. There shall be a continuing mechanism to enhance local
autonomy not only by legislative enabling acts but also by
administrative and organizational reforms;
i. Local government units shall share with the national
government the responsibility in the management and
maintenance of ecological balance within their territorial
jurisdiction, subject to the provisions of this Code and
national policies;
j. Effective mechanisms for ensuring the accountability of local
government units to their respective constituents shall be
strengthened in order to upgrade continually the quality of
local leadership;
k. The realization of local autonomy shall be facilitated through
improved coordination of national government policies and
programs and extension of adequate technical and material
assistance to less developed and deserving local government
units;
l. The participation of the private sector in local governance,
particularly in the delivery of basic services, shall be
encouraged to ensure the viability of local autonomy as an
alternative strategy for sustainable development; and
m. The national government shall ensure that decentralization
contributes to the continuing improvement of the
performance of local government units and the quality of
community life
- Principles in the constitution are not self-executing
- Operative principles – Aim to guide officials in national government
involved in implementing the system of decentralization and to
give leverage to local officials to enable them to monitor and to
some extent demand the implementation of decentralization.
- Ecological balance – power to maintain and protect the ecology of
nation was lodged with the central government (DENR). Shared
with LGU.
SECTION 4. Scope of Application. – This Code shall apply to all
provinces, cities, municipalities, barangays, and other political
subdivisions as may be created by law, and, to the extent herein
provided, to officials, offices, or agencies of the national
government
- Scope of Code
1. Provinces
2. Cities
3. Municipalities
4. Barangays
5. Other political subdivisions – meaning: those created by law
besides those enumerated, including the autonomous region.
6. Officials, officers or agencies of national government – those
personnel and functions are devolved to appropriate LGUs (DOH,
DOA, DSWD, DOT, DILG, DENR)
SECTION 5. Rules of Interpretation. – In the interpretation of the
provisions of this Code, the following rules shall apply:
a. Any provision on a power of a local government unit shall be
liberally interpreted in its favor, and in case of doubt, any
question thereon shall be resolved in favor of devolution of
powers and of the lower local government unit. Any fair and
reasonable doubt as to the existence of the power shall be
interpreted in favor of the local government unit concerned;
b. In case of doubt, any tax ordinance or revenue measure shall
be construed strictly against the local government unit
enacting it, and liberally in favor of the taxpayer. Any tax
exemption, incentive or relief granted by any local
government unit pursuant to the provisions of this Code shall
be construed strictly against the person claiming it.
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c. The general welfare provisions in this Code shall be liberally
interpreted to give more powers to local government units in
accelerating economic development and upgrading the
quality of life for the people in the community;
d. Rights and obligations existing on the date of effectivity of
this Code and arising out of contracts or any other source of
prestation involving a local government unit shall be
governed by the original terms and conditions of said
contracts or the law in force at the time such rights were
vested; and
e. In the resolution of controversies arising under this Code
where no legal provision or jurisprudence applies, resort may
be had to the customs and traditions in the place where the
controversies take place
- Rules of interpretations
1. Power of a local government unit shall be liberally
interpreted in its favor (vs national government) and in favor
of devolution of powers and of the lower local government
unit.
2. Tax ordinance or revenue measure - construed strictly
against the local government unit enacting it, and liberally in
favor of the taxpayer.
3. Any tax exemption, incentive or relief - construed strictly
against the person claiming it.
4. General welfare provisions (Sec 16) Liberally interpreted to
give more powers to local government units in accelerating
economic development and upgrading the quality of life for
the people in the community;
5. Rights and obligations existing on the date of effectivity of
this Code and arising out of contracts or any other source of
prestation shall be respected
6. Customs and traditions in the place where the controversies
take place may be relied.
Customs – rule of conduct formed by repetition of acts,
uniformly observed or practiced as a social rule, legally
binding and obligatory. It must be ruled as fact according to
rules of evidence.
Tradition – inherited principle, standard or practice or body
of principles, standards and practices serving as the
established guide of an individual or group
General Powers and Attributes of Local Government Units
SECTION 6. Authority to Create Local Government Units. – A local
government unit may be 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, subject to such
limitations and requirements prescribed in this Code
- Pertains to a particular LGUs enumerated and not to add the list in
the constitution.
- Purpose of creation/conversion – assure economic viability
- Mandatory requisite is the plebiscite – it affects the people
- Cordillera Administrative Region – valid since it is not is juridical,
but merely for planning and implementation of programs and
services in the covered area.
- Authority to create and abolish municipal corporations is
essentially legislative in nature
SECTION 7. Creation and Conversion. – 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:
a. Income. – It must be sufficient, based on acceptable
standards, to provide for all essential government facilities
and services and special functions commensurate with the
size of its population, as expected of the local government
unit concerned;

b. Population. – It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local
government unit concerned; and
c. Land Area. – It must be contiguous, unless it comprises two
(2) or more islands or is separated by a local government unit
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 with the foregoing indicators shall be attested to by the
Department of Finance (DOF), the National Statistics Office (NSO),
and the Lands Management Bureau (LMB) of the Department of
Environment and Natural Resources (DENR).
- General Requirements to create an LGU
1. Income – includes any income accruing to general fund excluding
special funds, special accounts transfers and non-recurring
income
2. Population – as certified by NSO
3. Land Area – as certified by LMB
o excluding sea
o Requirements:
a. Must be contiguous except:
When local government being created comprises of two or
more islands
Separated by LGU independent of others (ex: CDO separates
the province of misamis eastern and western)
b. Properly identified by metes and bounds with technical
descriptions;
c. sufficient to provide for such basic services and facilities to
meet the requirements of its populace
- Specific Requirements to create an LGU
- Congressional Power to create LGUs
o Sanggunian may send petitions to propose creations.
- Procedure in Creating:
a. Province (Sec 9)
1. Submission by Interested municipalities or component of the
petition/resolution, of their respective sanggunians requesting
the creation of a new city to the Congress, and furnish copies
thereof to the sangguniang panlalawigan of the original
province or provinces.
2. Comments and recommendations on petition by the
sangguniang panlalawigan of the original province or provinces
submitted to the Congress.
3. Documents to support petition:
 Certification by DOF that the average annual income of the
proposed province meets the minimum income
requirement and that its creation will not reduce the income
based on 1991 constant prices, of the original LGU or LGUs
to less than the prescribed minimum;
 Certification by the NSO as to population
 Certification by LMB that the land area of the proposed
province meets the minimum land area requirement;
 Map prepared by the provincial, city, or district engineer of
the original LGU or LGUs, indicating the areas to be created
into a province.
 Such other relevant information.
22
4. Plebiscite upon the effectivity of the law creating a province,
conducted by the COMELEC within one hundred twenty (120)
days or within the period specified in the law. Intensive
information campaign in the LGUs concerned at least twenty
(20) days prior to the plebiscite.
5. Beginning of corporate existence upon the election and
qualification of its governor and a majority of the members of
its sanggunian unless some other time is fixed therefore by the
law creating it
b. City
1. Submission of Petition/resolution by Interested municipalities
or barangays of their respective sanggunians requesting the
creation of a new city to the Congress, and furnish copies
thereof to the sangguniang panlalawigan or sangguniang
panlungsod of the LGUs concerned.
2. Comments/recommendation on petition by the sangguniang
panlalawigan or sangguniang panlungsod
3. Documents to support petition
 Certification by DOF that the average annual income of the
proposed city meets the minimum income requirement
 Certification by NSO as to population of the proposed city
 Certification by LMB that the land area of the proposed city
meets the minimum land area requirement
 Map prepared by engineer of the original LGU or LGUs,
indicating the areas to be created into a city.
 Certification by LMB that disposable and alienable public
lands are available in the area to be created into a city
sufficient to meet its growing population and the following
purposes:
o Government center site of not less than ten thousand
(10,000) square meters which shall include the city hall
site and those of other government buildings;
o Market site of not less than ten thousand (10,000) square
meters, located out of view of the city hall, schools, plaza,
and cemetery and near but not along a provincial road,
railroad station, navigable river, or sea;
o Plaza or park of not less than ten thousand (10,000)
square meters located preferably in front of the city hall;
o School site of not less than ten thousand (10,000) square
meters, in well-drained location that conforms with the
requirements prescribed by public school authorities; and
o Cemetery site of not less than five thousand (5,000)
square meters for every ten thousand (10,000) population
which conforms with the requirements prescribed by the
health authorities;
 Number and nature of existing and commercial
establishments in the territory of the proposed city as
certified by NSO
 Sources of potable water supply for the inhabitants as
certified by the Local Water Utilities Administration (LWEI)
or the Metropolitan Waterworks and Sewerage System
(MWSS), as the case may be;
 Facilities, plans, and site for sewerage, garbage and waste
disposal as certified by the local engineer; and
 Such other information that the petitioners may deem
relevant for consideration in the petition.
4. Plebiscite upon the effectivity of the law creating a province,
conducted by the COMELEC within one hundred twenty (120)
days or within the period specified in the law. Intensive
information campaign in the LGUs concerned at least twenty
(20) days prior to the plebiscite.
5. Beginning of corporate existence upon the election and
qualification of its mayor and a majority of the members of its
sanggunian, unless some other time is fixed therefore by the
law creating it
c. Municipality
1. Submission of Petition/resolution by Interested barangays of
their respective sanggunians requesting the creation of a new
municipality to the Congress, and furnish copies thereof to the
sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang bayan of the LGUs concerned.

2. Submission of Comments/recommendations on petition by
The sangguniang panlungsod or sangguniang bayan, together
with the sangguniang panlalawigan, to the Congress
3. Documents to support petition
 Certification by the provincial treasurer, in the case of
municipalities and component cities, and the city treasurer,
in the case of highly-urbanized cities, that the average
annual income of the proposed municipality meets the
minimum income requirement
 Certification by NSO as to population of the proposed
municipality
 Certification by the LMB that the land area of the proposed
municipality meets the minimum land area requirement
 Map of the original LGU or LGUs, indicating the areas to be
created into a municipality.
 Certification by LMB that disposable and alienable public
lands are available in the area to be created into a
municipality sufficient to meet its growing population and
the following purposes:
o Government center site of not less than five thousand
(5,000) square meters which shall include the municipal
hall site and those of other government buildings;
o Market site of not less than five thousand (5,000) square
meters, located out of view of the municipal hall, schools,
plaza, and cemetery and near but not along a provincial
road, railroad station, navigable river, or sea;
o Plaza or park of not less than five thousand (5,000) square
meters located preferably in front of the municipal hall;
o School site of not less than five thousand (5,000) square
meters, in well-drained location that conforms with the
requirements prescribed by public school authorities; and
o Cemetery site of not less than five thousand (5,000)
square meters for every ten thousand (10,000) population
which conforms with the requirements prescribed by
health authorities.
 Number and nature of existing industrial and commercial
establishments in the territory of the proposed municipality
as certified by NSO;
 Sources of potable water supply for the inhabitants as
certified by LWUA or MWSS, as the case may be;
 Facilities, plans, and site for sewerage, garbage and waste
disposal as certified by the local engineer; and
 Such other information.
4. Plebiscite upon the effectivity of the law creating a province,
conducted by the COMELEC within one hundred twenty (120)
days or within the period specified in the law. Intensive
information campaign in the LGUs concerned at least twenty
(20) days prior to the plebiscite.
5. Beginning of corporate existence upon the election and
qualification of its mayor and a majority of the members of its
sanggunian, unless some other time is fixed therefore by the
law creating it
d. Baranggay
1. Submission of written petition of a majority of the registered
voters residing in the area sought to be created or resolutions
of the sangguniang barangays desiring to be merged, shall be
presented to the sangguniang panlalawigan, upon
recommendation of the sangguniang bayan concerned, or to
the sangguniang panlungsod, for appropriate action. In the
case of municipalities within MMA, a similar petition or
resolution shall be presented to the Congress, upon
recommendation of the sangguniang bayan concerned.
2. Documents to support petition
 Certification by NSO as to the population of the proposed
barangay
 Map of the original barangay or barangays indicating the
areas to be created into a new barangay and technical
description certified by LMB or city or municipal assessor, as
the case may be.
3. Submission of Comments on petition by sangguniang
barangay of the original barangay or barangays as required by
the presiding officer of the sangguniang bayan within twenty
23
(20) days after receipt of said petition or resolution which shall
serve as basis for recommending appropriate action thereon
to the sangguniang panlalawigan.
4. Action on petition by the sangguniang panlalawigan or
sangguniang panlungsod within fifteen (15) days from
submission
5. The ordinance granting the petition creating a new barangay
shall be approved by two-thirds (2/3) of all the members of the
sangguniang panlalawigan or sangguniang panlungsod.
6. Submission of ordinance to the COMELEC within thirty (30)
days before the plebiscite by the secretary to the sangguniang
panlalawigan or sangguniang panlungsod
7. Conduct of information campaign —
8. Submission of plebiscite results — At least seven (7) days after
the conduct of the plebiscite, the city or municipality
concerned shall submit the Certificates of Canvass of Votes
Cast, Statement of Affirmative and Negative Votes,
Abstentions Cast in every voting center as well as the
provincial or city ordinance creating the barangay to the
COMELEC and DILG central office for inclusion in the Official
Masterlist of Barangays.
9. Beginning of corporate existence upon the election and
qualification of its punong barangay and a majority of the
members of its sanggunian unless some other time is fixed
therefore by the law or ordinance creating it.
10. Financial requirement shall be the responsibility of the LGU
concerned.
11. Consolidation plan of barangays submitted to the
sangguniang panlalawigan or sangguniang panlungsod for
appropriate action
- Petitions not absolute requirement except for creation of
barangays by Sanguniaang Panlalawigan
- Plebiscite an absolute requirement the result of which must be
submitted within 7 days after its holding to DILG.
- Conversion – elevation of LGU from one level to another
- Conversion requirement, same as the creation requirements
SECTION 8. Division and Merger. – 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 income 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
SECTION 9. Abolition of Local Government Units. – 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 sanggunian 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
- LGU may be abolished when 3 factors are irreversibly reduced.
- Abolition may be done:
o All except barangay – by congress
o Barangay – Sangguniang panlalawigan or panlungsod
- When abolished, required to specify with which the abolished unit
will be incorporated or merged.
SECTION 10. Plebiscite Requirement. – No creation, division,
merger, abolition, or substantial alteration of boundaries of local
government units shall take effect unless 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
- The plebiscite must be all the unit affected
- Forming of administrative regions don’t need plebiscite since it is
not territorial and political subdivisions.
- Beginning of Corporate Existence
 General Rule: Commence upon the election and qualification of
its chief executive and a majority of the members of its
sanggunian
 Exception: Some other time is fixed therefor by the law or
ordinance creating it.
- General Welfare
 Powers of Local Government
1. Powers expressly granted
2. Those necessarily implied therefrom
3. Those necessary, appropriate, or incidental for its efficient
and effective governance
4. Those which are essential to the promotion of the general
welfare.
 Duties:
1. Preservation and enrichment of culture
2. Promote health and safety
3. Enhance the right of the people to a balanced ecology
4. Encourage and support the development of appropriate and
self-reliant scientific and technological capabilities
5. Improve public morals
6. Enhance economic prosperity and social justice
7. Promote full employment among their residents
8. Maintain peace and order
9. Preserve the comfort and convenience of their inhabitants.
- Basic Services and Facilities
 For a Barangay
1. Agricultural support services
2. Health and social welfare services
3. Services and facilities related to general hygiene and
sanitation, beautification, and solid waste collection;
4. Maintenance of katarungang pambarangay;
5. Maintenance of barangay roads and bridges and water
supply systems
6. Infrastructure facilities such as multi- purpose hall,
multipurpose pavement, plaza, sports center, and other
similar facilities;
7. Information and reading center;
8. Satellite or public market, where viable;
 For a municipality
1. Extension and on-site research services and facilities related
to agriculture and fishery activities
2. Integrated social forestry programs and similar projects;
3. Health services
4. Social welfare services
5. Information services
6. Solid waste disposal system or environmental management
system and services or facilities related to general hygiene
and sanitation;
7. Municipal buildings, cultural centers, public parks including
freedom parks, playgrounds, and sports facilities and
equipment, and other similar
8. facilities;
9. Infrastructure facilities intended primarily to service the
needs of the residents of the municipality and which are
funded out of municipal funds
10. Public markets, slaughterhouses and other municipal
enterprises;
11. Public cemetery;
12. Tourism facilities and other tourist attractions
13. Sites for police and fire stations and substations and the
municipal jail;
24
 Province
1. Agricultural extension and on-site research services and
facilities
2. Industrial research and development services, as well as the
transfer of appropriate technology;
3. Community-based forestry projects, pollution control law,
small-scale mining law, and other laws on the protection of
the environment; and mini-hydro electric projects for local
purposes;
4. Health services which include hospitals and other tertiary
health services
5. Social welfare services
6. Provincial buildings, provincial jails, freedom parks and other
public assembly areas, and other similar facilities;
7. Infrastructure facilities intended to service the needs of the
residents of the province and which are funded out of
provincial funds
8. Programs and projects for low-cost housing and other mass
dwellings, except those funded by the Social Security System
(SSS), Government Service Insurance System (GSIS), and the
Home Development Mutual Fund (HDMF):
9. Investment support services, including access to credit
financing;
10. Upgrading and modernization of tax information and
collection services through the use of computer hardware
and software and other means;
11. Inter-municipal telecommunications services, subject to
national policy guidelines; and
12. Tourism development and promotion programs;
 For a City
1. All the services and facilities of the municipality and province
2. Adequate communication and transportation facilities;
3. Support for education, police and fire services and facilities.
- Cases:
 For an ordinance to be valid:
1. Must not contravene the constitution or statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but merely regulate
5. Must not be unreasonable
6. Must be general in application and not discriminatory
- Devolution - the act by which the national government confers
power and authority upon the various local government units to
perform specific functions and responsibilities.
- Power to Generate and Apply Resources
1. Power and authority to establish an organization
2. To create their own sources of revenue and to levy taxes, fees,
and charges
3. To have a just share in national taxes which shall be
automatically and directly released to them without need of
any further action;
4. To have an 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;
5. To acquire, develop, lease, encumber, alienate, or otherwise
dispose of real or personal property held by them in their
proprietary capacity
- Eminent Domain
 Requisites
1. For public use, or purpose, or welfare for the benefit of the
poor and the landless
2. Payment of just compensation - determined by the proper
court, based on the fair market value at the time of the taking
of the property.
3. Valid and definite offer has been previously made to the
owner, and such offer was not accepted
 LGU may immediately take possession of the property upon the
filing of the expropriation proceedings and upon making a
deposit with the proper court of at least fifteen percent (15%) of

the fair market value of the property based on the current tax
declaration of the property to be expropriated
- Conversion of Lands
 Reclassification of Lands as to Kind
 Kinds of Land
1. Agricultural
2. Forest or Timber
3. Mineral
4. Natural Parks
 Exercised by the President/Executive
- Reclassification of Lands
 Reclassification of Lands as to Use
1. Commercial
2. Residential
3. Industrial
4. Agricultural
 Reclassification of agricultural lands
1. A city or municipality through an ordinance passed by the
sanggunian
2. After conducting public hearings for the purpose
3. In the following cases
a. When the land ceases to be economically feasible and
sound for agricultural purposes as determined by the
Department of Agriculture or
b. Where the land shall have substantially greater economic
value for residential, commercial, or industrial purposes,
as determined by the sanggunian concerned:
4. Limited to the following percentage of the total agricultural
land area at the time of the passage of the ordinance
a. For highly urbanized and independent component cities,
fifteen percent (15%);
b. For component cities and first to third class municipalities,
ten percent (10%); and
c. For fourth to sixth class municipalities, five percent (5%):
 President may, when public interest so requires and upon
recommendation of the National Economic and Development
Authority, authorize a city or municipality to reclassify lands in
excess of the limits set
- Closure and Opening of Roads
 Pursuant to an ordinance, permanently or temporarily close or
open any local road, alley, park, or square falling within its
jurisdiction
 For permanent closure:
o Requisites
1. Ordinance must be approved by at least two-thirds (2/3) of
all the members of the sanggunian
2. When necessary, an adequate substitute for the public
facility that is subject to closure is provided.
3. Provisions for the maintenance of public safety therein.
o A property thus permanently withdrawn from public use may
be used or conveyed for any purpose for which other real
property belonging to the local government unit concerned
may be lawfully used or conveyed
o No freedom park shall be closed permanently without
provision for its transfer or relocation to a new site.
 For temporary closure
o During an actual emergency, or fiesta celebrations, public
rallies, agricultural or industrial fairs, or an undertaking of
public works and highways, telecommunications, and
waterworks projects
 Duration shall be specified by the local chief executive
concerned in a written order
o local street, road, thoroughfare, or any other public place
where shopping malls, Sunday, flea or night markets, or
shopping areas may be established and where goods,
merchandise, foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the general public
 There must be duly enacted ordinance
o Not allowed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government
unit concerned.
- Corporate Powers
25
1. To have continuous succession in its corporate name;
2. To sue and be sued;
3. To have and use a corporate seal;
4. To acquire and convey real or personal property;
5. To enter into contracts; and
6. To exercise such other powers as are granted to corporations,
subject to the limitations provided in this Code and other laws.
- Immunity from suit
 National government – cannot be sued without its consent
 Local government – Suable as part of its corporate powers
- Liability for Damages
 Local government units and their officials are not exempt from
liability for death or injury to persons or damage to property
- Unless otherwise provided in this Code, contract may be entered
into by the local chief executive in behalf of the local government
unit without prior authorization by the sanggunian concerned. A
legible copy of such contract shall be posted at a conspicuous place
in the provincial capitol or the city, municipal or barangay hall.
- Local government units shall enjoy full autonomy in the exercise of
their proprietary functions and in the management of their
economic enterprises
INTERGOVERNMENTAL RELATIONS
- National Supervision over Local Government Units
 President shall exercise general supervision over local
government units to ensure that their acts are within the scope
of their prescribed powers and functions.
o Directly over provinces, highly urbanized cities, and
independent component cities
o Through the province with respect to component cities and
municipalities
o Through the city and municipality with respect to barangays.
 National agencies and offices with project implementation
functions shall coordinate with one another and with the local
government units
 National agencies and offices including government-owned or -
controlled corporations with field units or branches in a province,
city, or municipality shall furnish the local chief executive
concerned, for his information and guidance, monthly reports
including duly certified budgetary allocations and expenditures.
 Prior Consultations Required.- No project or program shall be
implemented by government authorities unless the
consultations and prior approval of the sanggunian concerned is
obtained:
- Relations with the Philippine National Police – governed by DILG
Act of 1990", and the rules and regulations issued pursuant
thereto.
- Inter-Local Government Relations
 Review of Executive Orders
o Governor shall review all executive orders promulgated by the
component city or municipal Mayor within his jurisdiction.
o The city or municipal Mayor shall review all executive orders
promulgated by the punong barangay within his jurisdiction.
o Copies of such orders shall be forwarded within three (3) days
from their issuance.
o Failure to act on said executive orders within thirty (30) days
after their submission, the same shall be deemed consistent
with law and therefore valid.
 City and Municipal Supervision over Their Respective Barangays.
- General supervision
ELECTIVE OFFICIALS
- Qualifications:
1. Citizen of the Philippines;
2. A registered voter in the barangay, municipality, city, or
province or, in the case of a member of the sangguniang
panlalawigan, sangguniang panlungsod, or sanggunian bayan,
the district where he intends to be elected;
3. A resident therein for at least one (1) year immediately
preceding the day of the election
4. Able to read and write Filipino or any other local language or
dialect.

5. At least twenty-three (23) years of age on election day
 Governor
 Vice- governor
 Member of the sangguniang panlalawigan
 Mayor
 Vice-mayor
 Member of the sangguniang panlungsod of highly urbanized
cities
6. at least twenty-one (21) years of age on election day
 Mayor
 vice-mayor of independent component cities, component
cities, or municipalities
7. at least eighteen (18) years of age on election day
 Member of the sangguniang panlungsod or sangguniang
bayan
 Punong barangay
 Member of the sangguniang barangay
- Disqualifications
1. Those sentenced by final judgment for an offense involving
moral turpitude or for an offense punishable by one (1) year or
more of imprisonment, within two (2) years after serving
sentence;
2. Those removed from office as a result of an administrative
case;
3. Those convicted by final judgment for violating the oath of
allegiance to the Republic;
4. Those 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 Code;
7. The insane or feeble-minded
- Manner of Election
 Elected at large in their respective units
1. Governor
2. Vice- governor
3. City Mayor
4. City vice-mayor
5. Municipal Mayor
6. Municipal vice-mayor
7. Punong barangay
8. Sangguniang barangay members
 Elected by district, as may be provided for by law
1. Regular members of the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan
 The presidents of the leagues of sanggunian members of
component cities and municipalities shall serve as ex officio
members of the sangguniang panlalawigan concerned.
 The presidents of the liga ng mga barangay and the pederasyon
ng mga sangguniang kabataan elected by their respective
chapters, as provided in this Code, shall serve as ex officio
members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan.
 Sectoral representatives
1. sectoral representative from the women
2. from the workers
3. from any of the following sectors: the urban poor, indigenous
cultural communities, disabled persons, or any other sector as
may be determined by the sanggunian concerned within
ninety (90) days prior to the holding of the next local elections,
as may be provided for by law.
- Date of Election - Unless otherwise provided by law, the elections
for local officials shall be held every three (3) years on the second
Monday of May.
- Term of Office
 All local elective officials - three (3) years, starting from noon of
June 30, 1992 or such date as may be provided for by law, except
that of elective barangay officials:
 No local elective official shall serve for more than three (3)
consecutive terms in the same position. Voluntary renunciation
of the office for any length of time shall not be considered as an
26
interruption in the continuity of service for the full term for
which the elective official concerned was elected.
 The term of office of barangay officials and members of the
sangguniang kabataan shall be for three (3) years
- Permanent Vacancies in the Offices of the Governor, Vice-
Governor, Mayor, and Vice-Mayor
 If a permanent vacancy occurs in the office of the governor or
Mayor - the vice-governor or vice-mayor
 If a permanent vacancy occurs in the offices of the governor,
vice-governor, Mayor, or vice-mayor - the highest ranking
sanggunian member or, in case of his permanent inability, the
second highest ranking sanggunian member
 Subsequent vacancies in the said office shall be filled
automatically by the other sanggunian members according to
their ranking as defined herein.
- Permanent vacancy in the office of the punong barangay - the
highest ranking sanggunian barangay member or, in case of his
permanent inability, the second highest ranking sanggunian
member
- A tie between or among the highest ranking sanggunian members
shall be resolved by the drawing of lots.
- The successors shall serve only the unexpired terms of their
predecessors.
- Permanent vacancy - elective local official fills a higher vacant
office, refuses to assume office, fails to qualify, dies, is removed
from office, voluntarily resigns, or is otherwise permanently
incapacitated to discharge the functions of his office.
- Ranking in the sanggunian - determined on the basis of the
proportion of votes obtained by each winning candidate to the
total number of registered voters in each district in the
immediately preceding local election.
- Permanent Vacancies in the Sanggunian
 Where automatic successions provided above do not apply
 The President, through the Executive Secretary, in the case of
the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent
component cities;
 The governor, in the case of the sangguniang panlungsod of
component cities and the sangguniang bayan;
 The city or municipal Mayor, in the case of sangguniang
barangay, upon recommendation of the sangguniang
barangay concerned.
 Except for the sangguniang barangay, only the nominee of the
political party under which the sanggunian member concerned
had been elected and whose elevation to the position next
higher in rank created the last vacancy in the sanggunian shall be
appointed
 The appointee shall come from the same political party as that of
the sanggunian member who caused the vacancy and shall serve
the unexpired term of the vacant office.
 A nomination and a certificate of membership of the appointee
from the highest official of the political party concerned are
conditions sine qua non
 In case the permanent vacancy is caused by a sanggunian
member who does not belong to any political party, the local
chief executive shall, upon recommendation of the sanggunian
concerned, appoint a qualified person
- Temporary Vacancy in the Office of the Local Chief Executive
 Governor, city or municipal Mayor, or punong barangay - vice-
governor, city or municipal vice-mayor, or the highest ranking
sangguniang barangay
 All powers
 Except the power to appoint, suspend, or dismiss employees if
vacancy is 30 days or shorter
 Including the power to appoint, suspend, or dismiss employees
if exceeds thirty (30) working days.
 Temporary incapacity shall terminate upon submission to the
appropriate sanggunian of a written declaration by the local chief
executive concerned that he has reported back to office or that
legal causes no longer exist.
 27

 OIC designated in writing - traveling within the country but

outside his territorial jurisdiction for a period not exceeding
three (3) consecutive days
 No OIC designated - the vice-governor, the city or municipal vice-
mayor, or the highest ranking sangguniang barangay member,
assuming the office on the fourth (4th) day of absence
 Except as provided above, the local chief executive shall in no
case authorize any local official to assume the powers, duties,
and functions of the office, other than the vice-governor, the city
or municipal vice- Mayor, or the highest ranking sangguniang
barangay member, as the case may be.
- Approval of Leaves of Absence
 Governor and the Mayor of a highly urbanized city or an
independent component city - approved by the President or his
duly authorized representative;
 Vice-governor or a city or municipal vice-mayor - approved by the
local chief executive concerned
 Members of the sanggunian and its employees - approved by the
vice-governor or city or municipal vice- mayor concerned;
 Component city or municipal Mayor - approved by the governor
 Punong barangay - approved by the city or municipal mayor
 Sangguniang barangay members - approved by the punong
barangay.
LOCAL LEGISLATION
- Local Legislative Power
 Sangguniang panlalawigan for the province;
 Sangguniang panlungsod for the city;
 Sangguniang bayan for the municipality;
 Sangguniang barangay for the barangay.
- Presiding officers - The presiding officer shall vote only to break a
tie.
 The vice-governor shall be the presiding officer of the
sangguniang panlalawigan;
 the city vice-mayor, of the sangguniang panlungsod;
 the municipal vice-mayor, of the sangguniang bayan
 punong barangay, of the sangguniang barangay.
- Inability of the regular Presiding officer - members present and
constituting a quorum shall elect from among themselves a
temporary presiding officer. He shall certify within ten (10) days
from the passage of ordinances enacted and resolutions adopted
by the sanggunian in the session over which he temporarily
presided.cralaw
- Approval of Ordinances
Ordinance enacted by the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan shall be presented to the
provincial governor or city or municipal mayor, as the case may be.
(Sanggunian may override the veto by two-thirds (2/3) vote of all
its members)
Veto shall be communicated within fifteen (15) days in the case of
a province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had
signed it.
Ordinances enacted by the sangguniang barangay shall, upon
approval by the majority of all its members, be signed by the
punong barangay.
- Review of Component City and Municipal Ordinances or
Resolutions by the Sangguniang Panlalawigan which may declare
such ordinance or resolution invalid in whole or in part.