Brotherhood.Loyalty.

Excellence
PART 1: GENERAL PRINCIPLES A. Corporation 1. Definition CORPORATION Defined: An artificial being created by operation of law having the right of succession and powers, attributes and properties expressly authorized by law or incident to its existence. 2. Classifications (i) Public organized for the government of a portion of the State; (ii) Private formed for some private purpose, benefit, aim or end; (iii) Quasi-public private corporation that renders public service or supplies public wants. (iv) Quasi-corporation created by the State for a narrow/limited purpose (PCSO, etc.) NOTE: Criterion to determine whether a corporation is public The relationship of the corporation to the Sate, that is, if created by the State as its own agency to help the State in carrying out its governmental functions then it is public, otherwise, it is private. 3. Municipal Corporations, defined Municipal Corporations body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government. Municipal Corporations 1. Elements a. Legal creation or incorporation there must be a law creating/authorizing the creation or incorporation of a municipal corporation; b. Corporate name name by which the corporation is known; c. Inhabitants people residing in the territory of the corporation; d. Territory land mass where the inhabitants reside together with internal and external waters and air space above the land and waters. 2. Dual Nature and Functions Every local government unit created/organized under the Local Government Code is a BODY POLITIC and CORPORATE endowed with powers to be exercised by it in conformity with law. As such it shall exercise powers as a political subdivision of the National Government and as a corporate entity representing the inhabitants of the territory (Section 15, RA7160). Accordingly, it has dual functions (i) public or governmental acts as an agent of the State for the government of the territory and the inhabitants; and (ii) private or proprietary acts as an agent of the community in the administration of local affairs, as such, acts as a separate entity for its own purposes and not as a subdivision of the State. Lidasan v, Comelec Assailed the constitutionality of a law creating a municipality constituting of barrios from two different provinces being violative of the Constitutional limitation of one subject per bill and must be expressed in the title thereof Only one province (Lanao del Sur) was mentioned in the title the other province was not (Cotabato) Null and void in its totality Municipal corporations perform twin functions. Firstly. They serve as an instrumentality of the State in carrying out the functions of government. Secondly. They act as an agency of the community in the Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein administration of local affairs. It is in the latter character that they are a separate entity acting for their own purposes and not a subdivision of the State. Surigao Electric Co Inc. v. Municipality of Surigao Municipal corporations are outside the jurisdiction of the Public Service Commission, being a political subdivision of the national government Dual character of a municipal corporation one as governmental, being a branch of the general administration of the state, and the other as quasi-private and corporate. A well-known authority, Dillon, was referred to by us to stress the undeniable fact that "legislative and governmental powers" are "conferred upon a municipality, the better to enable it to aid a state in properly governing that portion of its people residing within its municipality, such powers [being] in their nature public, ..." 3. Sources of Powers 1. Sec. 25, Art II; Secs, 5, 6, & 7, Art. X, Philippine Constitution 2. Statutes, e.g., R.A. 7160 3. Charter ( Particularly of Cities) 4. Doctrine of the right of self-government, but applies only in States which adhere to the doctrine 4. Classifications of powers 1. Express, Implied, Inherent (Powers necessary and proper for the governance, e.g., to promote health and safety, enhance prosperity, improve morals of inhabitants) 2. Public or governmental, private or proprietory 3. Intramural, extramural 4. Mandatory, directory; ministerial, discretionary Types of Municipal Corporations 1. Province (Sec. 459, LGC) cluster of municipalities or municipalities and component cities, as a political and corporate unit of government which serves as a dynamic mechanism for developmental processes and effective governance of LGUs within its territorial jurisdiction. 2. City (Sec. 448) composed of more more urbanized and developed barangays, serves as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its jurisdiction; 3. Municipality (Sec. 440, LGC) groups of barangays, serves primarily as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its jurisdiction; 4. Barangay (Sec. 384, LGC) basic political unit, serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community and as a forum wherein collective views of people may be expressed, crystallized and considered where disputes are also amicably settled; 5. Autonomous Regions refer to Article 10 of the Constitution. 6. Special metropolitan political subdivisions Pursuant to Sec. 11 of Article X, Constitution. Shall be limited to basic services requiring coordination

B.

5.

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6. De facto Municipal Corporations Doctrine; Elements Requisites: (VACA) a. Valid law authorizing incorporation b. Attempt in good faith to organize it c. Colourable compliance with law d. Assumption of corporate powers Municipality of Jiminez vs Baz, Jr. Petitioner assailed the Executive Order creating the Municipality of Sinacaban on the basis in the Ruling of Pelaez that only the legislative department has the power to create municipalities Municipality of Sinacaban was created prior to the Pelaez ruling RULING Sinacaban a De facto Municipal corporation but eventually became a De jure Municipal corporation after an Ordinance appended in the Constitution recognizing Sinacaban as part of a Legislative District MUNICIPALITY CONSIDERED DE FACTO WHERE IT WAS CREATED BY EXECUTIVE ORDER BUT IMPLIEDLY RECOGNIZED AND ITS ACTS ACCORDED LEGAL VALIDITY. We have since held that where a municipality created as such by executive order is later impliedly recognized and its acts are accorded legal validity, its creation can no longer be questioned. In MUNICIPALITY OF SAN NARCISO, QUEZON V. MENDEZ, SR., this Court considered the following factors as having validated the creation of a municipal corporation, which like the Municipality of Sinacaban, was created by executive order of the President before the ruling in Palaez v. Auditor General: (1) the fact that for nearly 30 years the validity of the creation of the municipality had never been challenged; (2) the fact that following the ruling in Palaez no quo warranto suit was filed to question the validity of the executive order creating such municipality; and (3) the fact that the municipality, organized as part of municipal circuit court and considered part of a legislative district in the Constitution apportioning the seats in the House of Representatives. Above all, it was held that whatever doubt there might be as to the de jure character of the municipality must be deemed to have been put to rest by the local Government Code of 1991 (R.A. No. 7160), 442(d) of which provides that "municipal districts organized pursuant to presidential issuances or executive orders and which have their respective set of elective officials holding office at the time of the effectivity of this Code shall henceforth be considered as regular municipalities. Municipality of San Narciso vs Mendez, Sr. Municipality of San Andres was created by virtue of an Executive Order The E.O excluded barrios from the petitioner and was included in the creation of the Municipality of San Andres San Andres was classified as a fifth class Municipality and was organized as part of the Municipal Circuit Court The petitioner assailed the E.O creating the San Andres on the basis of the Pelaez ruling that only the legislative department can create a Municipal corporation San Andres had been in existence prior to the Pelaez ruling RULING Municpality of Jimenez v. Baz supra Reasons for dismissal: but it was only after almost thirty (30) years, or on 05 June 1989, that the municipality of San Narciso finally decided to challenge the legality of the executive order; failure to timely file a quo warranto proceeding Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein San Andres a De facto Municipal corporation but by virtue of the LGC of 1991 and the Constitution it became a de jure municipal corporation All considered, the de jure status of the Municipality of San Andres in the province of Quezon must now be conceded.

Municipality of Candijay v. C.A , Municipality of Alicia Same ruling with supra De facto Municipal corporation that became De jure by virtue of the Constitution and LGC of 1991 Respondent municipality of Alicia was created by virtue of Executive Order No. 265 in 1949, or ten years ahead of the municipality of San Andres, and therefore had been in existence for all of sixteen years when Pelaez vs. Auditor General was promulgated. And various governmental acts throughout the years all indicate the State's recognition and acknowledgment of the existence thereof. For instance, under Administrative Order No. 33 above-mentioned, the Municipality of Alicia was covered by the 7th Municipal Circuit Court of Alicia-Mabini for the province of Bohol. Likewise, under the Ordinance appended to the 1987 Constitution, the Municipality of Alicia is one of twenty municipalities comprising the Third District of Bohol. Sultan Osop Camid v. Office of the President Municipality of Andong was created by virtue of and E.O issued by former Pres. Diosdado Macapagal Howver, the E.O was struck down in the case of Pelaez for being unconstitutionalundue delegation of legislative powers Nonetheless, petitioner posited that Andong has evolved capable of being a Municipality Petitioner presented certifications from various Govt agencies attesting to the fact that Andongg is qualified of being a Municipality Petitioner assailed the Certification issued by the DILG and prayed that Andong be recognized as a Regular Municipality Petitioner invoked the ruling of the SC in Municipality of Jimenez v. Baz and Municipality of San Narciso v. Mendez ISSUE Is Andong entitled to the same ruling given in Mun. of Jimenez v. Baz? NO The Executive Order creating the Municipality of Andong was declared null and void in the case of Pelaez v. Auditor Pelaez and its offspring cases ruled that the President has no power to create municipalities, yet limited its nullificatory effects to the particular municipalities challenged in actual cases before this Court.

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Therefore, the reasoning of the Court in Mun. of Jimenez v. Baz cannot be applied herein because the Mun. of Jimenez was not include in the case of Pelaez which declared those included Municipalities created by virtue of an E.O void 7. Method of challenging existence of municipal corporation Malabang v. Benito Assailed the Constitutionality of the E.O creating the Muncipality of Balabagan 5 years from the Peleaz ruling SC ruling E.O rendered void the mere fact that Balabagan was organized at a time when the statute had not been invalidated cannot conceivably make it a de facto corporation absence of colorable authority herein Hence, in the case at bar, the mere fact that Balabagan was organized at a time when the statute had not been invalidated cannot conceivably make it a de facto corporation, , as, independently of the Administrative Code provision in question, there is no other valid statute to give color of authority to its creation. Operative Fact doctrine Executive Order 386 "created no office." This is not to say, however, that the acts done by the municipality of Balabagan in the exercise of its corporate powers are a nullity because the executive order "is, in legal contemplation, as inoperative as though it had never been passed." For the existence of Executive, Order 386 is "an operative fact which cannot justly be ignored." C. Overview of the Philippine Local Government System 1. The Unitary vs. the Federal Forms of Government Zoomzat v. People Petitioner Zoomzat, Inc. alleged that the Sangguniang Panlungsod of Gingoog City passed [3] Resolution No. 261 which resolved to express the willingness of the City of Gingoog to allow Zoomzat to install and operate a cable TV system. Thereupon, petitioner applied for a mayors permit but the same was not acted upon by the mayors office. [4] Subsequently, or on April 6, 1993, respondents enacted Ordinance No. 19 which granted a franchise to Gingoog Spacelink Cable TV, Inc. to operate a cable television for a period of ten (10) years, subject to automatic renewal. Hence, on July 30, 1993, petitioner filed a complaint with the Office of the Ombudsman against herein respondents for violation of Section 3(e), R.A. No. 3019 Accordingly, a criminal information for violation of Section 3(e), R.A. No. 3019, was filed against the respondents before the Sandiganbayan. On further investigation, Special Prosecution Officer III Victor Pascual also recommended [8] that the case be dismissed for insufficiency of evidence. the Sandiganbayan issued the now assailed resolution approving the dismissal of the case and ordering the withdrawal of the Information against the respondents. Petitioner assails the findings of Special Prosecutor Pascual that under Executive Order No. [9] 205, it is the National Telecommunications Commission (NTC), and not the local government unit, that has the power and authority to allow or disallow the operation of cable television. RULING:Respondents cannot be held liable under the charge against them because they are not employees charge with the granting of franchise, license or permit. It is the NTC Executive Order No. 205 clearly provides that only the NTC could grant certificates of authority to cable television operators and issue the necessary implementing rules and regulations. It is clear that in the absence of constitutional or legislative authorization, municipalities have no power to grant franchises. IV. There can be no de facto corporation created to take the place of an existing de 10 jure corporation, as such organization would clearly be a usurper.

It is indeed true that, generally, an inquiry into the legal existence of a municipality is reserved to the State in a proceeding for quo warranto or other direct proceeding, and that 4 only in a few exceptions may a private person exercise this function of government. But the rule disallowing collateral attacks applies only where the municipal corporation is at least a de 5 facto corporation. For where it is neither a corporation de jure nor de facto, but a nullity, the rule is that its existence may be, questioned collaterally or directly in any action or proceeding by anyone whose rights or interests are affected thereby, including the citizens of the territory incorporated unless they are estopped by their conduct from doing so. Elements of a de facto Municipal Corporation I. The color of authority requisite to the organization of a de facto municipal corporation may be: 1. A valid law enacted by the legislature. 2. An unconstitutional law, valid on its face, which has either (a) been upheld for a time by the courts or (b) not yet been declared void; provided that a warrant for its creation can be found in some other valid law or in the recognition of its potential existence by the general laws or constitution of the State. II. There can be no de facto municipal corporation unless either directly or potentially, such a de jure corporation is authorized by some legislative fiat. III. There can be no color of authority in an unconstitutional statute alone, the invalidity of which is apparent on its face.

Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein

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The Sangguniang Panlungsod of Gingoog City overstepped the bounds of its authority when it usurped the powers of the NTC with the enactment of Ordinance No. 19. Being a void legislative act, Ordinance No. 19 did not confer any right nor vest any privilege to Spacelink 2. Philippine Local Government System and the concepts of Local Autonomy, Decentralization, Devolution, and Deco centralization Sec 25, Art II, 1987 Constitution The State shall ensure the autonomy of local governments Sec 2, Art X, 1987 Constitution The territorial and political subdivision shall enjoy local autonomy Sec 2-3, LGC of 1991 2. Declaration of Policy. - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c)It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. SEC. 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; Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein (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 tributes to the continuing improvement of the performance of local government units and the quality of community life. SEC. 528, LGC of 1991. Deconcentration of Requisite Authority and Power. - The national government shall, six (6) months after the effectivity of this Code, effect the deconcentration of requisite authority and power to the appropriate regional offices or field offices of national agencies or offices whose major functions are not devolved to local government units. Limbona vs. Mangelin On September 24, 1986, petitioner Sultan Alimbusar Limbona was appointed as a member of the Sangguniang Pampook, Regional Autonomous Government. Petitioner was elected Speaker of the Regional Legislative Assembly or Batasang Pampook of Central Mindanao Congressman Datu Guimid Matalam, Chairman of the Committee on Muslim Affairs of the House of Representatives, invited Mr. Xavier Razul, Pampook Speaker of Region XI, Zamboanga City and the petitioner in his capacity as Speaker of the Assembly for a dialogue regarding the developments in their areas. Petitioner sent a telegram to Acting Secretary of the ASSEMBLY that there shall be no session in November as "our presence in the house committee hearing of Congress take (sic) precedence over any pending business in batasang pampook. The Assembly held session in defiance of petitioner's advice, . On Motion to declare the seat of the Speaker vacant, all Assemblymen in attendance voted in the affirmative, hence, the chair declared said seat of the Speaker vacant Respondent averred that the Court being a national department has no Jurisdiction over them RULING Decentralization of power v. Decentralization of adminsitration Now, autonomy is either decentralization of administration or decentralization of power. There is decentralization of administration when the central government delegates administrative powers

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to political subdivisions in order to broaden the base of government power and in the process to 23 make local governments "more responsive and accountable," "and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of 24 national development and social progress." At the same time, it relieves the central government of the burden of managing local affairs and enables it to concentrate on national 25 concerns. The President exercises "general supervision" over them, but only to "ensure that 26 local affairs are administered according to law." He has no control over their acts in the sense 27 that he can substitute their judgments with his own. Decentralization of power, on the other hand, involves an abdication of political power in the favor of local governments units declare to be autonomous . In that case, the autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities. According to a constitutional author, decentralization of power amounts to "self immolation," since in that event, the autonomous government becomes accountable not to the 28 central authorities but to its constituency. Decentralization of administration; Court can acquire jurisdiction (Judicial question) If the Sangguniang Pampook (of Region XII), then, is autonomous in the latter(decentralization of power) sense, its acts are, debatably beyond the domain of this Court in perhaps the same way that the internal acts, say, of the Congress of the Philippines are beyond our jurisdiction. But if it is autonomous in the former (decentralization administrative power) category only, it comes unarguably under our jurisdiction. An examination of the very Presidential Decree creating the autonomous governments of Mindanao persuades us that they were never meant to exercise autonomy in the second sense, that is, in which the central government commits an act of self-immolation. Presidential Decree No. 1618, in the first place, mandates that "[t]he President shall have the power of general supervision and control over Autonomous Regions." Hence, we assume jurisdiction Magtajas vs Pryce Properties FACTS PAGCOR is a corporation created directly by P.D. 1869. The trouble arose when in 1992, flush with its tremendous success in several cities, PAGCOR decided to expand its operations to Cagayan de Oro City. To this end, it 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 reaction of the Sangguniang Panlungsod of Cagayan de Oro City was swift and hostile. On December 7, 1992, it enacted Ordinance No. 3353 reading as follows: AN ORDINANCE PROHIBITING THE ISSUANCE OF BUSINESS PERMIT AND CANCELLING EXISTING BUSINESS PERMIT TO ANY ESTABLISHMENT FOR THE USING AND ALLOWING TO BE USED ITS PREMISES OR PORTION THEREOF FOR THE OPERATION OF CASINO. Pryce assailed the ordinances before the Court of Appeals, where it was joined by PAGCOR as intervenor and supplemental petitioner. Their challenge succeeded. On March 31, 1993, the Court of Appeals declared the ordinances invalid and issued the writ prayed for to prohibit their enforcement Petitioner contends that even if the operation of casinos may have been permitted under P.D. 1869, the government of Cagayan de Oro City has the authority to prohibit them within its territory pursuant to the authority entrusted to it by the Local Government Code. Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein RULING The Municipal Corporation cannot prohibit the operation of Casino when the Legislative Department had permitted Test of 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. The apparent flaw in the ordinances in question is that they contravene P.D. 1869 and the public policy embodied therein insofar as they prevent PAGCOR from exercising the power conferred on it to operate a casino in Cagayan de Oro City The rationale of the requirement that the ordinances should not contravene a statute is obvious. Municipal governments are only agents 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. It is a heresy to suggest that the local government units can 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. Without meaning to detract from that policy, we here confirm that Congress retains control of the local government units although in significantly reduced degree now than under our previous Constitutions (policy on local autonomy). The power to create still includes the power to destroy. The power to grant still includes the power to withhold or recall. True, there are certain notable innovations in the Constitution, like the direct conferment on the local government units of the 12 power to tax, which cannot now be withdrawn by mere statute. By and large, however, the national legislature is still the principal of the local government units, which cannot defy its will or modify or violate it. Lina Jr. vs. Pao Private respondent applied for a mayor's permit to operate a lotto outlet in San Pedro, Laguna. It was denied on the ground that an ordinance entitled Kapasiyahan Blg. 508, T. 1995 dated September 18, 1995 of the Sangguniang Panlalawigan of Laguna prohibited gambling in the province, including the operation of lotto. With the denial of his application, private respondent filed an action for declaratory relief with prayer for preliminary injunction and temporary restraining order. The trial court rendered judgment in favor of private respondent enjoining petitioners from implementing or enforcing the subject resolution. Motion for its reconsideration was denied. Hence, this recourse. Petitioners contended that "the resolution is a policy declaration of the provincial government of Laguna on its vehement opposition and/or objection to the operation of and/or all forms of gambling including the lotto operation" and thus it is valid. On the other hand, private respondent argued that the same curtailed the power of the state since the legislature itself had declared lotto as legal and permitted its operation around the country. RULING An Ordinance should not be repugnant to Legislative enactments

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Municipal governments are only agents of the national government. Local councils exercise only delegated legislative powers conferred upon 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. It is a heresy to suggest that the local government units can 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. Ours is still a unitary form of government, not a federal state. Being so, any form of autonomy granted to local governments will necessarily be limited and confined within the extent allowed by the central authority. Besides, the principle of local autonomy under the 1987 Constitution simply means decentralization. It does not make local governments sovereign within the state or an imperium in imperio We here confirm that Congress retains control of the local government units although in significantly reduced degree now than under our previous Constitutions. The power to create still includes the power to destroy. The power to grant still includes the power to withhold or recall. Since Congress has allowed the PCSO to operate lotteries which PCSO seeks to conduct in Laguna, pursuant to its legislative grant of authority, the provinces Sangguniang Panlalawigan cannot nullify the exercise of said authority by preventing something already allowed by Congress. It is only a declaration of policy, therefore not self-executing That resolution expresses merely a policy statement of the Laguna provincial board. It possesses no binding legal force nor requires any act of implementation. San Juan vs Civil Service Commission FACTS The position of Provincial Budget Officer (PBO) for the province of Rizal was left vacant by its former holder. the petitioner informed Director Reynaldo Abella of the Department of Budget and Management (DBM) Region IV that Ms. Dalisay Santos assumed office as Acting PBO pursuant to a Memorandum issued by the petitioner who further requested Director Abella to endorse the appointment of the said Ms. Dalisay Santos to the contested position of PBO of Rizal. Ms. Dalisay Santos was then Municipal Budget Officer of Taytay, Rizal before she discharged the functions of acting PBO. However, then Director Abella of Region IV recommended the appointment of the private respondent as PBO of Rizal. According to Abella, the private respondent was the most qualified since she was the only Certified Public Accountant among the contenders. Undersecretary Nazario S. Cabuquit, Jr. signed the appointment papers of the private respondent as PBO of Rizal upon the aforestated recommendation of Abella. DBM Regional Director Agripino G. Galvez wrote the petitioner that Dalisay Santos and his other recommendees did not meet the minimum requirements under Local Budget Circular No. 31 for the position of a local budget officer. the petitioner after having been informed of the private respondent's appointment wrote Secretary Carague protesting against the said appointment on the grounds that , it is the Provincial Governor, not the Regional Director or a Congressman, who has the power to recommend nominees for the position of PBO. DBM denied the protest of petitioner and the respondent affirmed the DBMs Resolution In the event that the Governor recommends an unqualified person, is the Department Head free to appoint anyone he fancies ? No RULING Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein Executive Order No. 112 which provides that: Sec. 1. All budget officers of provinces, cities and municipalities shall be appointed henceforth by the Minister of Budget and Management upon recommendation of the local chief executive concerned, subject to civil service law, rules and regulations, and they shall be placed under the administrative control and technical supervision of the Ministry of Budget and Management. In case of doubt, law shall be construed in favor of local autonomy We have to obey the clear mandate on local autonomy. Where a law is capable of two interpretations, one in favor of centralized power in Malacaang and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy. General Supervision by the Executive over the Local Government Units; the former cannot substitute its judgment to that of the latter 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 right given by Local Budget Circular No. 31 which states: Sec. 6.0 The DBM reserves the right to fill up any existing vacancy where none of the nominees of the local chief executive meet the prescribed requirements. is ultra vires and is, accordingly, set aside. 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 PBO is expected to synchronize his work with DBM. More important, however, is the proper administration of fiscal affairs at the local level. Provincial and municipal budgets are prepared at the local level and after completion are forwarded to the national officials for review It is for this reason that the nomination and appointment process involves a sharing of power between the two levels of government.

Laguna Lake Development Authority vs CA Republic Act No. 4850 created the "Laguna Lake Development Authority." This Government Agency is supposed to carry out and effectuate the aforesaid declared policy, so as to accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces, cities and towns, in the act clearly named, within the context of the national and regional plans and policies for social and economic development. Presidential Decree No. 813 of former President Ferdinand E. Marcos amended certain sections of Republic Act No. 4850 because of the concern for the rapid expansion of Metropolitan Mani la, the suburbs and the lakeshore towns of Laguna de Bay, combined with current and prospective uses of the lake for municipal-industrial water supply, irrigation, fisheries, and the like Special powers were also granted to this authority provided by sec 3.

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The authority was further empowered by E.O. No. 927 which enlarged its functions and powers. The Said order also named and enumerated towns, cities, and provinces encompassed by the term "Laguna de Bay Region". Authority shall have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities in or affecting the said region including navigation, construction, and operation eof fishpens, fish enclosures, fish corrals and the like.(sec 2 of eo 927) Then came Republic Act No. 7160, the Local Government Code of 1991. The municipalities in the Laguna Lake Region interpreted the provisions of this law to mean that the newly passed law gave municipal governments the exclusive jurisdiction to issue fishing privileges within their municipal waters Municipal governments assumed authority to issue fishing privileges and fishpen permits.The Mayor's permit to construct fishpens and fishcages were all undertaken in violation of the policies adopted by the Authority on fishpen zoning and the Laguna Lake carrying capacity Authority sent notices to the concerned owners of the illegally constructed fishpens, fishcages and other aqua-culture structures advising them to dismantle their respective structures within 10 days from receipt thereof, otherwise, demolition shall be effected. affected fishpen owners filed injunction cases against the Authority before various regional trial courts It has to be conceded that the charter of the Laguna Lake Development Authority constitutes a special law. Republic Act No. 7160, the Local Government Code of 1991, is a general law. It is basic in statutory construction that the enactment of a later legislation which is a general law cannot be construed to have repealed a special law. It is a well settled rule in this jurisdiction that "a special statute, provided for a particular case or class of cases, is not repealed by a subsequent statute, general in its terms, provisions and application, unless the intent to repeal or alter is manifest, although the terms of the general law are broad enough to include the cases embraced in the special law. Where there is a conflict between a general law and a special statute, the special statute should prevail since it evinces the legislative intent more clearly than the general statute. The special law is to be taken as an exception to the general law in the absence of special circumstances forcing a contrary conclusion. This is because implied repeals are not favored and as much as possible, effect must be given to all enactments of the legislature. A special law cannot be repealed, amended or altered by a subsequent general law by mere implication. Thus, it has to be concluded that the charter of the Authority should prevail over the Local Government Code of 1991. the Authority has the exclusive jurisdiction to issue permits for the enjoyment of fishery privileges in Laguna de Bay to the exclusion of municipalities situated therein and the authority to exercise such powers as are by its charter vested on it. Removal from the Authority of the aforesaid licensing authority will render nugatory its avowed purpose of protecting and developing the Laguna Lake Region. Otherwise stated, the abrogation of this power would render useless its reason for being and will in effect denigrate, if not abolish, the Laguna Lake Development Authority. This, the Local Government Code of 1991 had never intended to do. 1987 Constitution, 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. 1987 Constitution, 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. Abella vs COMELEC Petitioner and Larrazabal are both candidates for the office of the Governor in Leyte Petitioner filed a (Pre-Proclamation) disqualification case against Larrazabal on the ground that Larrazabal is not a resident of Kanga Leyte and not a registered voter thereof. Larrazabal won the election nd Petitioner 2 winning candidate Comelec Proclaimed Larrazabal despite the disqualification proceeding Comelec thereafter issued its Resolution disqualifying Larrazabal on the ground that the latter does not possess the residency requirement and she is not a registered voter of Kanga. Moreover, Larrazabal a resident and a registered voter of Ormoc City, a component independent of the province by virtue of its charter Petitioner filed a motion to the cancel proclamation of Larrazabal and He be declared as the winning candidate Motion denied by Comelec with respect to the prayer of declaration as winner Charter of Ormoc City- The 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. ISSUE: The question now is whether or not the prohibition against the 'city's registered voters' electing the provincial officials necessarily mean, a prohibition of the registered voters to be elected as provincial officials.

RULING of the Court Affirmed the findings and Resolution of the Comelec Highly-urbanized cities are independent of the province; Prohibition to vote includes prohibition not to be voted for in the province Section 12, Article X of the Constitution is explicit in that aside from highly-urbanized cities, component cities whose charters prohibit their voters from voting for provincial elective officials are independent of the province. In the same provision, it provides for other component cities within a province whose charters do not provide a similar prohibition. Necessarily, component cities like Ormoc City whose charters prohibit their voters from voting for provincial elective officials are treated like highly urbanized cities which are outside the supervisory power of the province to which they are geographically attached. 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.

D. Local Government in the Philippines 1. Territorial and Political Subdivisions: Provinces, Cities, Municipalities, Barangays

2. Autonomous Regions Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein

Brotherhood.Loyalty.Excellence
1987 Constitution, 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. 3. Special Metropolitan Political Subdivisions 1987 Constitution, 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 executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. MMDA vs Bel-Air Village Respondent owned a village and a private street along with the highway MMDA ordered that the street be opened for public use Court ruled MMDA has no authority to do so Part II : THE LOCAL GOVERNMENT CODE OF 1991 The MMDA is not a political unit of government. The power delegated to the MMDA is that given to the Metro Manila Council to promulgate administrative rules and regulations in the implementation of the MMDA's functions. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. It is thus beyond doubt that the MMDA is not a local government unit or a public corporation endowed with legislative power. It is not even a "special metropolitan political subdivision" as contemplated in Section 11, Article X of the Constitution. The creation of a "special metropolitan political subdivision" requires the approval by a majority of the votes 56 cast in a plebiscite in the political units directly affected." R. A. No. 7924 was not submitted to the inhabitants of Metro Manila in a plebiscite. The Chairman of the MMDA is not an official elected by the people, but appointed by the President with the rank and privileges of a cabinet member. In fact, part of his function is to perform such other duties as may 57 be assigned to him by the President, whereas in local government units, the President merely exercises supervisory authority. This emphasizes the administrative character of the MMDA. Clearly then, the MMC under P.D. No. 824 is not the same entity as the MMDA under R.A. No. 7924. Unlike the MMC, the MMDA has no power to enact ordinances for the welfare of the community. It is the local government units, acting through their respective legislative councils, that possess legislative power and police power. In the case at bar, the Sangguniang Panlungsod of Makati City did not pass any ordinance or resolution ordering the opening of Neptune Street, hence, its proposed opening by petitioner MMDA is illegal and the respondent Court of Appeals did not err in so ruling. E. Loose Federation of LGUs and Regional Development Councils 1987 Constitution, 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. 1987 Constitution, Section 14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein 4. Rules of Interpretation Section 5, LGC of 1991. 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; 1. Constitutional Mandate 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. Sources of the local government code of 1991 Scope of Application Sec 4, LGC of 1991 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. Sec 526, LGC of 1991 - Application of this Code to Local Government Units in the Autonomous Regions. - This Code shall apply to all provinces, cities, municipalities and barangays in the autonomous regions until such time as the regional government concerned shall have enacted its own local government code. Sec 529, LGC of 1991 - Tax Ordinances or Revenue Measures. - All existing tax ordinances or revenue measures of local government units shall continue to be in force and effect after the effectivity of this Code unless amended by the sanggunian concerned, or inconsistent with, or in violation of, the provisions of this Code. Sec 534(f), LGC of 1991 - (f) All general and special laws, acts, city charters, decrees, executive orders, proclamations and administrative regulations, or part or parts thereof which are inconsistent with any of the provisions of this Code are hereby repealed or modified accordingly. 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. LGC of 1991, Section 33. Cooperative Undertakings Among Local Government Units. - Local government units may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through Memoranda of Agreement.

2. 3.

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(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. (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 presentation 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. 5. Effectivity Section 536, LGC of 1991. Effectivity Clause. - This Code shall take effect on January first, nineteen hundred ninety-two, unless otherwise provided herein, after its complete publication in at least one (1) newspaper of general circulation. the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this Code. 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 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). 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. Tan vs Comelec B.P 885 created the province of Negros del Norte Comelec conducted a plebiscite in the newly created province of Negros del Norte excluding Negros Occidental, the mother province of the former Court nullified the plebiscite Article XI, section 3 (now Sec. 10 of the 1987 Constitution) of the then prevailing 1973 Constitution that no province may be created or divided or its boundary substantially altered without "the approval of a majority of the votes in a plebiscite in the unit or units affected." Creation of Province; Voters of parent Province shall be included in the plebiscite 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.

PART III: CREATION, CONVERSION, DIVISION, MERGER, SUBSTANTIAL CHANGE OF BOUNDARY OF LOCAL GOVERNMENT UNITS, AND ABOLITION A. Regular Political Subdivisions ( Provinces, Cities, Municipalits, and Barangays) 1. Creation and Conversion a. General Requirements : Law, Plebiscite, Compliance with criteria on income land, & population Sec 10-11, Article X, 1987 Constitution 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. 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 executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Sec 6-7, 10 LGC of 1991 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 Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein

Brotherhood.Loyalty.Excellence
We find no way to reconcile the holding of a plebiscite that should conform to said constitutional requirement but eliminates the participation of either of these two component political units. No amount of rhetorical flourishes can justify exclusion of the parent province in the plebiscite because of an alleged intent on the part of the authors and implementors of the challenged statute to carry out what is claimed to be a mandate to guarantee and promote autonomy of local government units. Padilla vs Comelec A new Municipality was created A plebiscite was then conducted, including the voters of both the parent Municipality and the newly created Municipality In the plebiscite, the voters rejected the creation Petitioner assailed the plebiscite on the ground that only the voters in the newly created Municipality should participate and the mother Municipality should be excluded Court upheld the validity of the plebiscite RULING Creation of Municipality; Voters of parent Municipality shall be included in the plebiscite It stands to reason that when the law states that the plebiscite shall be conducted "in the political units directly affected," it means that residents of the political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in said plebiscite. Lopez vs Comelec Mangita pa sa case Alvarez vs Guingona On April 18, 1993, HB No. 8817, a bill for the conversion of the Municipality of Santiago to a component city was initiated in the House of Representatives On January 28, 1994, HB No. 8817 was transmitted to the Senate. Meanwhile, on May 19, 1993 a counterpart of HB No. 8817, Senate Bill No. 1243 was also initiated by a Senator in the Senate the House of Representatives, upon being apprised of the action of the Senate, approved the amendments proposed by the Senate Bill was signed into Law When a plebiscite on the Act was held on July 13, 1994, a great majority of the registered voters of Santiago voted in favor of the conversion of Santiago into a city. Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein The IRAs (Internal Revenue Allotment) are items of income because they form part of the gross accretion of the funds of the local government unit. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of 11 the local government unit. They thus constitute income which the local government can invariably rely upon as the source of much needed funds. Bills of local Application; Law creating Municipality must originate from House of Representatives, but there may be a similar bill with the Senate provided that House bill is filed earlier than the Senate bill Although a bill of local application like HB No. 8817 should, by constitutional prescription originate exclusively in the House of Representatives, the claim of petitioners that Republic Act No. 7720 did not originate exclusively in the House of Representatives because a bill of the same import, SB No. 1243, was passed in the Senate, is untenable because it cannot be denied that HB No. 8817 was filed in the House of Representatives first before SB No. 1243 was filed in the Senate. Petitioners themselves cannot disavow their own admission that HB No. 8817 was filed on April 18, 1993 while SB No. 1243 was filed on May 19, 1993. Petitioners assailed the constitutionality of the law converting the municipality into a city on the following grounds: o o ISSUES: 1. Whether or not the Internal Revenue Allotments (IRAs) are to be included in the computation of the average annual income of a municipality for purposes of its conversion into an independent component city, and (II) Whether or not, considering that the Senate passed SB No. 1243, its own version of HB No. 8817, Republic Act No. 7720 can be said to have originated in the House of Representatives. RULING IRAs form part of the income of LGUs INCOME is defined in the Local Government Code to be all revenues and receipts collected 10 or received forming the gross accretions of funds of the local government unit. the right to be allocated a just share in national taxes, such share being in the form of internal revenue allotments (IRAs) Failure to meet income requirement Law did not originate from House of Reps.

REPUBLIC ACT NO. 9009 AN ACT AMENDING SECTION 450 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, BY INCREASING THE AVERAGE ANNUAL

Brotherhood.Loyalty.Excellence
INCOME REQUIREMENT FOR A MUNICIPALITY OR CLUSTER OF BARANGAYS TO BE CONVERTED INTO A COMPONENT CITY. Section 1. Sec. 450 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Sec. 450. Requisites for Creation. (a) A municipality or a cluster of barangays may be converted into a component city if it has a locally generated average annual income, as certified by the Department of Finance, of at least One hundred million pesos (P100,000,000.00) for the last two (2) consecutive years based on 2000 constant prices, and if it has either of the following requisites: (i) a contiguous territory of at least one hundred (100) square kilometers, as certified by the Land Management Bureau; or (ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the National Statistics Office. The creation thereof shall not reduce the land area, population and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement on land area shall not apply where the city proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income." Sec. 2. Repealing Clause. All laws, decrees, orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly. SC held that all criteria in the creation or conversion of a political subdivision must be written in the Local Government Code of 1991 alone Cityhood laws(16 laws providing exemption to the 100M income requirement) providing exemption for the income requirement under LGC as amended by R.A No. 9009 was UNCONSTITUTIONAL not being written under the Local Government Code Local Government Code did not provide any exemption regarding the income requirement

League of Cities of the Philippines v. Comelec, Dec. 2009 SC revered Nov. decision rendered Cityhood Laws CONSTITUTIONAL Sec. 10 does not mean that all criteria in the creation or conversion of a political subdivision be written in the Local Government Code of 1991, to adopt the contrary view would mean that R.A No. 9009 is also unconstitutional because income requirement (100M) not written under the Local Government Code of 1991 Congress has the plenary power to enact laws Referred to the intent of the framers and the deliberations of R.A No. 9009 showed that the Municipalities involved (pending bill) were not covered within the scope of R.A No. 9009 ( 100M income requirement ) League of Cities of the Philippines v. Comelec, August 2010 Reinstated Nov. 2008 Decision citing the same reason: Cityhood Laws UNCONSTITUTIONAL Additional: R.A No. 9009 expressly amended Local Government Code of 1991 League of Cities of the Philippines v. Comelec, Feb. 2011 Reversed August 2010 Decision: Cityhood Laws CONSTITUTIONAL Plenary power of Congress to enact laws Cited Intent of the framers (deliberations) and Congress enacted the Cityhood Laws to expressly manifest their intent Cityhood Laws amended the LGC of 1991, as amended by R.A No. 9009 Recognized the viability of the Municipalities to become Cities League of Cities of the Philippines v. Comelec, April 2011 Cityhood Laws CONSTITUTIONAL with finality Intent of the framers Cityhood Laws did not repeal LGC, as amended by R.A No. 9009 but amended it only by providing an exemption from the income requirement (100M) -

LEAGUE OF CITIES OF THE PHILIPPINES V. COMELEC -Involves the conversion of 16 Municipalities to Cities

League of Cities of the Philippines v. Comelec, Nov. 2008

Sec. 10 Art X of the Constitution: No province, city, municipality, or barangay shall 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.

Ang mo basa BRIGHT pero kung ang imong pag basa kay way tingog BOGO! - Einstein