Can the congress revert back Can the LGU impose stricter requirements than those imposed by the

the LGU impose stricter requirements than those imposed by the national bldg code
- YES because there is no system of govt for local government agencies prescribed • SC said yes, not because of devolution, because of police power
under the constitution
Note: Under the LGC the enforcement of NBC devolve to LGU
Can the mayor unilaterally cancel the contract of previous administration
- NO, because the mayor is merely a representative fo the people. This is the Delegation vs. Devolution
doctrine of corporate succession • Delegation are state powers

3 requisites to create LGU: LGU Independent from the state? NO because since under supervision of the higher LGU and
1. Population the president and under the CONTROL of the Congress
2. Land Area
3. Income Can the congress tell where to allocated
NO because that is undue interference - leu cannot be blunted by undue interference
• MUNICIPALITY City is a different personality except limitations on terms
LGU are front liners agencies
Convert, Abolish, Create an LGU — requires pleb; requisites ⁃ Principle of Subsidiarity
1. Plurality ⁃ Best resolved by Local governments
2. Economic Dislocation ⁃ Example is the photobombed bldg

Navotas — QC: requires pleb since taxation change Can NGAgenies limit or impose restrictions of LGUs without a law?
• File quo warranto case in 5 years
⁃ No, because that is violation of local autonomy,
Notes Can the DILG require of LGU submit all ordinances for review
– MMDA is not a LGU
⁃ NO because there is no law
– No police power
– Cannot enact ordinance
Mayor is not found in the Constitution
– Can issue rules
⁃ Statute only
More responsive and accountable LG structure instituted thru a system of decentralisation
Can the congress name it differently
What is Federalism ⁃ Yes, not in the Constitution
• Federal Govt has a claim against the state
Can Congress create 2 Vice Mayors
What is the distinction bet DECONSTRATION AND DEVOLUTION ⁃ Yes
• Administrative Decentralization - deconcentration: to field offices
• Political • Structure the Makati won’t affect structure in mandaluyong

What are being Devolve? Rule

1. People 1. Follow the law
a. Devolving people —> goes under the mayor 2. When the law is not clear follow slide 17
2. Function
3. Delivery of basic services LLDA vs. Localities
4. Assets ⁃ SC said, Cross boundary issue - the LLDA has jurisdiction

Is it devolve? Cable TV franchise to a local

• NO - Butuan city wants to issue driver licences • Not been devolved to provinces, reserve to National TelCom
• YES- Only devolve is the franchise of tricycle Can the LG on the enforcement of Natl Bldg code set back to towers of cable tv operations
• HLURB ONLY IF - of national significance
Restrict Lotto outlets within its jurisdiction Eminent Domain
- Run counter the charter of PCSO - Essentially legislative

LG issue business permits in accord with National Bldg Code - Must be oridnance
- Yes - The actual filing of expropriation case rests with the local chief executive

• LGU don’t have inherent powers IMPT: sangunian enables the power while the executive executes this power
• Sources of powers of LGUs: Constitution
When is there compensationable taking?
What are the powers of LG given by the Constitution • Not technical: when somebody else will use the property after taking
- Power to tax (it is also statutory) • Cannot be use by any other person no pay just compensation (police power kasi)
o Kill all the pigs because of disease
What is the power of LG under statute? o
- Eminent Domain and Police Power
What are requirements under the LGC?
Relevance? • Genuine public necessity
- The powers found in the constitution in cannot be repealed by Congress o Not private purpose
• Enabling instrument must be an ordinance NOT a resolution
• Police Power strictly construed against LG o Because the law itself says so must be oridnance
• It must be a continuing
What is the general welfare clause
- Delegation in statutory form of the police power of the State to the local Who has jurisdiction?
government • Trial Courts
o No pecuniary estimation - the power of eminent domain
2 requisites
1. Lawful Purpose • Reason must be in the Ordinance
2. Lawful Means • Valid offer – how much willing to pay
• Note it is easier to justify the purpose than the means
Can the province when reviewing a municipality say “M, can u go for X not Y”
- Invalid, because it is not a Q of law, that is of fact – that is control and not
There was an ordinance that all beer houses, massage parlors along Ermita, Malate to supervision
convert to business, close or transfer o Must be raised in courts
• Unconstitutional since the § Necessity
§ Capricious
Can LGU order the closure on a particular street § How much JC?
• It depends: not thru police power, thru eminent domain it is allowed, meaning
there must be just compensation Dept of Agricultural MoCircular – Agricultural land, they must approve?
• No bawal – no law – because it limits
Branches of Police Powers
1. Gen Legis – express powers in the law (cut and paste)
• abatement
2. Police Power proper – innovative

SPARK case:
• QC ordinance – least restrictive means
• Navotas Manila ordinance
o Right to travel powers of the minors, shall respect the other rights of the
minors