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B A S I C L A W S
Republic Act No. 7160, otherwise known as the Local Government Code of 1991.
Executive Order No. 292, otherwise known as the 1987 Administrative Code of the
Philippines.
Republic Act No. 6734, otherwise known as the Organic Act for the Autonomous
Region in Muslim Mindanao.
Republic Act No. 6766, otherwise known as the Organic Act for the Cordillera
Autonomous Region.
Public Corporation Law is the branch of political law which governs the
creation, division, merger and abolition of public
corporations; defines and limits their powers and liabilities; and prescribes their
corresponding liabilities to the public, among others.
PRELIMINARY CONSIDERATIONS
P ublic corporations are entities created as agents of the State in virtue of which
part of sovereignty is delegated. They have dual characteristics: (a) public, as an
agent of the state in virtue of which part of sovereignty is delegated by the state to
the public corporation; and, (b) private, like a private corporation, performing ministrant
functions. Government-owned or controlled corporation refers to any agency
organized as a stock or non-stock corporation, vested with functions relating to public
needs whether governmental or proprietary in nature, and owned by the Government
directly or through its instrumentalities either wholly, or, where applicable as in the case
of stock corporations, to the extent of at least fifty-one (51) per cent of its capital stock. 1
There are two basic types of public corporations, namely: (a) quasi-corporations which
are unincorporated territorial subdivisions serving as instrumentalities of local
governments for certain definite purposes; and (b) municipal corporations which are
incorporated entities formed or organized for the government of the territorial and
political subdivisions of the Republic of the Philippines. The governing law for municipal
corporations is Republic Act No. 7160, otherwise known as the Local Government Code of
1991 which was enacted pursuant to the mandate of the 1987 Constitution for Congress to
enact a local government code which shall:2
provide for a more responsive and accountable local government structure instituted
through of a system of decentralization and effective mechanism of recall, initiative,
and referendum.
allocate among different local government units their powers, responsibilities, and
resources.
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 local units.
1
E.O. No. 292, Introductory Provisions, Sec. 2
2
The 1987 Constitution, Art. X, Sec. 3.
C R E A T I O N E T C .
A local government unit may be created, divided, merged,
abolished, or its boundaries substantially altered either by law enacted by Congress in case
of a province, city, municipality, or any other political subdivision, or by ordinance passed
by the Sangguniang Panlalawigan or Sangguniang Panglunsod concerned in case of a
barangay located within its territorial jurisdiction, subject to such limitations and
requirements prescribed in this code.7 When a new local government unit is created, its
corporate existence shall commence upon the election and qualification of its chief
executive and a majority of the members of its sanggunian, unless some other time is fixed
therefor by the law or ordinance creating it.8 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: 9
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.
Population. It shall be determined as the total number of inhabitants within the
territorial jurisdiction of the local government unit concerned.
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.
3
1987 Constitution, Art. X, Sec. 1.
4
Kida vs. Senate and House, G.R. No. 196271, October 18, 2011.
5
Id.
6
Id.
7
R.A. 7160, The Local Government Code, Book I, Title I, Chap. II, Sec.6.
8
Id. at Sec. 14.
9
Id. at Sec. 7.
10
Id. at Book III, Title I, Chapter I, Section 386.
D I V I S I O N & M E R G E R
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
13
Id. at Sec. 451.
14
R.A. 7160, The Local Government Code, Book III, Title III, Chapter I, Section 452.
15
Id. at Sec. 453.
16
Id. at Book III, Title IV, Chapter I, Section 461.
R E L E V A N T R U L I N G S
17
Id. at Sec. 8.
18
Id. at Sec. 9.
19
Id.
20
Implementing Rules and Regulations of the Local Government Code, Rule II, Article 6, paragraph (f) (1).
21
Id. at Sec. 10.
22
Id.
23
1987 Constitution, Art. X, Sec. 18.
BAR Questions
2004 BAR
Madako is a municipality composed of 80 barangays, 30 west of Madako
River and 50 east thereof. The 30 western barangays, feeling left out of economic
initiatives, wish to constitute themselves into a new and separate town to be called
Masigla. Suppose that one year after Masigla was constituted as a municipality, the law
creating it is voided because of defects. Would that invalidate the acts of the
municipality and/or its municipal officers? Explain briefly.
2015 BAR On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored
House Bill No. 5432, entitled "An Act Providing for the Apportionment of the Lone
District of the City of Pangarap." The bill eventually became a law, R.A. No. 1234. It
mandated that the lone legislative district of the City of Pangarap would now consist of
two (2) districts. For the 2016 elections, the voters of the City of Pangarap would be
classified as belonging to either the first or second district, depending on their place of
residence. The constituents of each district would elect their own representative to
Congress as well as eight (8) members of the Sangguniang Panglungsod. R.A. No. 1234
apportioned the City's barangays. The COMELEC thereafter promulgated Resolution No.
2170 implementing R.A. No. 1234. Piolo Cruz assails the COMELEC Resolution as
unconstitutional. According to him, R.A. No. 1234 cannot be implemented without
conducting a plebiscite because the apportionment under the law falls within the meaning
of creation, division, merger, abolition or substantial alteration of boundaries of cities
under Section 10, Article X of the 1987 Constitution. Is the claim correct? Explain.
A S S I G N E D C A S E S
R esonating in the 1991 Local Government Code is a declared policy of the State
that its territorial and political subdivisions 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.25
But does local autonomy mean decentralization of administration or decentralization of
power? The principle of local autonomy under the 1987 Constitution simply means
decentralization of administration.26 It does not make the local governments sovereign
within the state or an imperium in imperio.27 There is decentralization of
administration when the central government delegates administrative powers to political
subdivisions in order to broaden the base of government power and in the process to
make local governments more responsive and accountable. 28 There is decentralization of
power, as in the case of autonomous regions, when the central government abdicates
political power in favor of local governments declared to be autonomous which is now free
to chart its own destiny and shape its future with minimum intervention from central
authorities.29 Decentralization of power amounts to self-immolation, since in that event,
the autonomous government becomes accountable not to the central authorities but to its
constituency.30
Local Autonomy.31 The territorial and political subdivisions shall enjoy local
autonomy.
General Supervision.32 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.
Fiscal Autonomy. Local governments shall have a just share, as determined by law,
in the national taxes which shall be automatically released to them.33 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
provide by law, including sharing the same with the inhabitants by way of direct
benefits.34
Devolution. National agencies or offices concerned shall devolve to local
government units the responsibility for the provision of basic services and facilities
enumerated in this Section within six (6) months after the effectivity of this Code.35
As used in this Code, the term "devolution" refers to the act by which the national
government confers power and authority upon the various local government units to
perform specific functions and responsibilities. 36
O P E R A T I V E P R I N C I P L E S
The formulation and implementation of policies and
measures on local autonomy shall be guided by the following operative principles: 37
25
R.A. No. 7160, Local Government Code of 1991, Book I, Title I, Chapter I, Sec. 2.
26
Alvarez vs. Guingona, 252 SCRA 695.
27
Ibid.
28
Limbona vs. Mangelin, G.R. No. 80391, February 28, 1989, 170 SCRA 786; cited in Pimentel vs. Ochoa, G.R. No. 195770 July
17, 2012.
29
Ibid.
30
Lacson vs. Exec. Sec., G.R. No. 128096, January 20, 1999, 301 SCRA 298, 311; cited in Pimentel vs. Ochoa, G.R. No. 195770
July 17, 2012.
31
1987 Constitution, Art. X, Sec. 2.
32
Id. at Sec. 4.
33
Id. at Sec. 5.
34
Id. at Sec. 6.
35
R.A. No. 7160, Local Government Code of 1991, Book I, Title I, Chapter II, Sec. 17 (e).
36
Id.
37
Id. at Chapter I, Sec. 3.
R E L E V A N T R U L I N G S
38
Rules and Regulations Implementing the Transfer of Personnel and Assets, Liabilities and Records of National
Government Agencies Whose Functions Are To Be Devolved To The Local Government Units And For Other Related
Purposes.
39
Alternative Center for Organizational Reforms and Development, Inc., et al. v. Hon. Ronaldo Zamora, G.R. No. 144256,
June 8, 2005, 459 SCRA 578, 600.
40
Cordillera Board Coalition v. Commission on Audit, G.R. No. 79956, January 29, 1990, 181 SCRA 495.
41
Basco v. Philippine Amusements and Gaming Corporation, G.R. No. 91649, May 14, 1991, 197 SCRA 52.
42
Jose N. Nolledo, The Local Government Code of 1991 Annotated, 2004 edition, p. 10.
43
Fr. Joaquin G. Bernas, S.J.., The Constitution of the Philippines A Commentary, Vol. II, 1988, page 377.
44
People v. Tomaquin, 478 Phil. 885, 899 (2004), citing Section 389, Chapter 3, Title One, Book III, Local Government Code
of 1991, as amended.
BAR Questions
2007 BAR
The Provincial Governor of Bataan requested the Department of Budget
and Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million
for the current budget year. However, the General Appropriations Act provided that the
IRA may be released only if the province meets certain conditions as determined by an
Oversight Council created by the President. Is this requirement valid? Explain.
2015 BAR Congress enacted R.A. No. 14344 creating the City of Masuwerte which
took effect on September 25, 2014. Section 23 of the law specifically exempts the City of
Masuwerte from the payment of legal fees in the cases that it would file and/or prosecute
in the courts of law. In two (2) cases that it filed, the City of Masuwerte was assessed legal
fees by the clerk of court pursuant to Rule 141 (Legal Fees) of the Rules of Court. The City
of Masuwerte questions the assessment claiming that it is exempt from paying legal fees
under Section 23 of its charter. Is the claim of exemption tenable? Explain.
A S S I G N E D C A S E S
Did the act of respondent [DENR] in cancelling the small-scale mining permits
amount to executive control, not merely supervision, and usurpation of the
devolved powers of provinces?
League of Provinces vs. DENR , G.R. 175368, Apr. 11, 2013
Do the assailed DILG Memorandum Circulars violate LGUs local and fiscal
autonomy?
Villafuerte vs. Robredo, G.R. 195390, Dec. 10, 2014
45
Lovina and Montilla v. Moreno and Yonzon, 118 Phil 1401, 1406 (1963).
E very local government unit created or recognized under the Local Government
Code is a body politic and corporate endowed with powers to be exercised by it in
conformity with law.46 As such, it shall exercise powers as a political subdivision
of the national government and as a corporate entity representing the inhabitants of its
territory.47 Every local government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for
its efficient and effective governance, and those which are essential to the promotion of
the general welfare.48 Within their respective territorial jurisdictions, local government
units have the delegated power of sovereignty, to wit: police power, inferior domain
and local taxation.
Inferior Domain A local government unit may, through its chief executive
and acting pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose or welfare for the benefit of the poor and the
landless, upon payment of just compensation, pursuant to the provisions of the
Constitution and pertinent laws: Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer has been previously made to the
owner, and such offer was not accepted: Provided, further, That the local government unit
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: Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the proper court, based on the fair market
value at the time of the taking of the property. 50
46
R.A. No. 7160, Local Government Code of 1991, Book I, Title I, Chapter II, Sec. 15.
47
Id.
48
Id. at Sec. 16.
49
Id. at Sec. 16.
50
Id. at Sec. 19.
51
Section 18, R.A. 7160.
52
Sec. 133, R.A. 7160.
53
PLDT vs. City of Davao, 363 SCRA 522 (2001).
57
C O R P O R A T E P O W E R S
Every local government unit, as a corporation, shall have
the following powers:
1) To have continuous succession in its corporate name.
2) To sue and be sued.
54
Ibid.
55
Id. at Sec. 20.
56
Id. at Sec. 21.
57
Id. at Sec. 22.
R E L E V A N T R U L I N G S
58
In De la Cruz v. Paras, 123 SCRA 569 (1983), this Court declared unconstitutional an ordinance characterized by
overbreadth. In that case, the Municipality of Bocaue, Bulacan prohibited the operation of all night clubs, cabarets and
dance halls within its jurisdiction for the protection of public morals.
59
In Lupangco v. Court of Appeals, 60 SCRA 848 (1988), this Court, in declaring unconstitutional the resolution subject
thereof, advanced a similar consideration. That case involved a resolution issued by the Professional Regulation Commission
which prohibited examinees from attending review classes and receiving handout materials, tips, and the like three days
before the date of examination in order to preserve the integrity and purity of the licensure examinations in accountancy.
60
G.R. No. 135962, 27 March 2000, 328 SCRA 836. The said case also involved the herein petitioner MMDA which claimed
that it had the authority to open a subdivision street owned by the Bel-Air Village Association, Inc. to public traffic because
it is an agent of the state endowed with police power in the delivery of basic services in Metro Manila. From this premise,
the MMDA argued that there was no need for the City of Makati to enact an ordinance opening Neptune Street to the
public.
61
SECTION 1. For the purpose of promoting sound urban planning and ensuring health, public safety, and general welfare
of the residents of Pandacan and Sta. Ana as well as its adjoining areas, the land use of [those] portions of land bounded by
the Pasig River in the north, PNR Railroad Track in the east, Beata St. in the south, Palumpong St. in the southwest, and
Estero de Pancacan in the west[,] PNR Railroad in the northwest area, Estero de Pandacan in the [n]ortheast, Pasig River in
the southeast and Dr. M.L. Carreon in the southwest. The area of Punta, Sta. Ana bounded by the Pasig River, Marcelino
Obrero St., Mayo 28 St., and F. Manalo Street, are hereby reclassified from Industrial II to Commercial I.
62
SEC. 3. Owners or operators of industries and other businesses, the operation of which are no longer permitted under
Section 1 hereof, are hereby given a period of six (6) months from the date of effectivity of this Ordinance within which to
cease and desist from the operation of businesses which are hereby in consequence, disallowed.
63
An Ordinance Adopting the Manila Comprehensive Land Use Plan and Zoning Regulations of 2006 and Providing for the
Administration, Enforcement and Amendment thereto.
64
SJS vs. Atienza, 546 Phil. 485 (2007). Decision and Resolution 568 Phil. 658 (2008).
66
Mun. of Paraaque vs. VM Realty Corp., G.R. No. 127820. July 20, 1998, 292 SCRA 678.
Corporate Powers: 20. Does the power of the local government unit to
Acquire & Convey acquire and convey real properties, include the power
to sell or lease a public plaza? No. A public plaza is
beyond the commerce of man. It cannot be the subject of lease or any other contractual
undertaking. The lease of a public plaza in favor of a private person is null and void. Any
contract entered into by the local government in connection with a public plaza is ultra
vires. Every contract affecting the public interest suffers a congenital infirmity in that it
contains an implied reservation of the police power as a postulate of the existing legal
order. And this power can be activated at any time to change the provisions of the
contract, or even abrogate it entirely, for the promotion of the general welfare. Such an
act will not militate against the impairment clause, which is subject to and limited by the
paramount police power. [Villanueva vs. Castaeda, G.R. 61311, Sept. 11, 1987].
70
G.R. No. 108232, August 23, 1993, 225 SCRA 553.
71
R.A. 7160, Sec. 456 (b) (1)(vi) provides: (b) For efficient, effective and economical governance the purpose of which is the
general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall: (vi) Represent the city
in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon
authority of the sangguniang panlungsod or pursuant to law or ordinance; x x x.
BAR Questions
1987 BAR
In January 1984, Pasay City filed expropriation proceedings against
several landowners for the construction of an aqueduct for flood control in a barangay.
Clearly, the residents of that barangay would be benefited by the project. As
compensation, the city offered to pay only the amount declared by the owners in their
tax declarations, which amount was lower than the assessed value as determined by the
assessor. The landowners opposed the expropriation on the ground that the same is not
for public use. If you were the judge, how would you rule on the issue? Why?
1990 BAR XYZ, a corporation organized under the laws of Hongkong, with 100%
foreign equity, obtained from the Securities and Exchange Commission a license to
operate a prawn hatchery project on a piece of land leased from the City of Dagupan. The
land was formerly a park and a plaza belonging to the City and was converted by the City
to derive much needed funds.
(1) May the City of Dagupan lawfully convert the park to prawn ponds and lease the same?
Explain your answer.
72
Section 468. Powers, Duties, Functions and Compensation. (a) (iii) Subject to the provisions of Book II of this Code and
applicable laws and upon majority vote of all members of the sangguniang panlalawigan, authorize the provincial governor
to negotiate and contract loans and other forms of indebtedness; (Italics in the original.
73
Article 107. Ordinances and Resolutions. The following rules shall govern the enactment of ordinances and resolutions:
(g) x x x Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the
affirmative vote of a majority of all the sanggunian members for its passage.
74
On February 26, 2001, the Sanggunian held its 4th regular session during which it issued Resolution No. 05 declaring the
entire province of Compostela Valley under a state of calamity and Resolution No. 07 ] authorizing the Governor to, on
behalf of the province, enter into a construction contract (Contract) with Allado Construction Company, Inc. (the Allado
Company) for the completion of Phase II of the construction of the capitol building. During the same session, the
Sanggunian accepted the letter of irrevocable resignation submitted by Board Member Gemma Theresa M. Sotto. While only
eight members of the Sanggunian were present at the commencement of the session on February 26, 2001, the Journal of the
Proceedings (Journal) and Resolution Nos. 05 and 07 showed that a total of thirteen members attended it.
1 9 9 3 B A R Mayor Alfredo Lim closed the fun houses in the Ermita district suspected of
being fronts for prostitution. To determine the feasibility of putting up a legalized red
district, the city council conducted an inquiry and invited operators of the closed fun
houses to get their views. No one honored the invitation. The City Council issued
subpoenas to compel the attendance of the operators but which were completely
disregarded. The council declared the operators guilty of contempt and issued warrants
for their arrest. The operator come to you for legal advice, asking the following questions:
(1) Is the council empowered to issue subpoenas to compel their attendance?
(2) Does the council have the power to cite for contempt?
2003 BAR The municipal council of the municipality of Guagua, Pampanga, passed
an ordinance penalizing any person or entity engaged in the business of selling tickets to
movies or other public exhibitions, games or performances which would charge children
between 7 and 12 years of age the full price of admission tickets instead of only one-half of
2003 BAR Can a Barangay Assembly exercise any police power? Explain.
2004 BAR
The City of San Rafael passed an ordinance authorizing the City Mayor,
assisted by the police, to remove all advertising signs displayed or exposed to public view
in the main city street, for being offensive to sight or otherwise a nuisance. AM, whose
advertising agency owns and rents out many of the billboards ordered removed by the
City Mayor, claims that the City should pay for the destroyed billboards at their current
market value since the City has appropriated them for the public purpose of city
beautification. The Mayor refuses to pay, so AM is suing the City and the Mayor for
damages arising from the taking of his property without due process nor just
compensation. Will AMs suit prosper? Reason briefly.
2 0 0 4 B A R The City of Cebu expropriated the property of Carlos Topico for use as a
municipal parking lot. The Sangguniang Panglunsod appropriated PHP10 million for
this purpose but the Regional Trial Court fixed the compensation for the taking of the
land at PHP15million.
(1) What legal remedy, if any, does Carlos Topico have to recover the balance of
PHP5million for the taking of his land?
(2) If the City of Cebu has money in the bank, can it be garnished?
2 0 0 7 B A R Batas Pambansa 880, the Public Assembly Law of 1985, regulates the
conduct of all protest rallies in the Philippines. Salakay, Bayan! held a protest rally and
planned to march from Quezon City to Luneta in Manila. They received a permit from the
Mayor of Quezon City, but not from the Mayor of Manila. They were able to march in
Quezon City and up to the boundary separating it from the City of Manila. Three meters
after crossing the boundary, the Manila Police stopped them for posing a danger to public
safety. Was this a valid exercise of police power? Explain.
2010 BAR True or False. A valid and definite offer to buy a property is a pre-
2010 BAR True or False. Re-classification of land by a local government unit may
be done through a resolution. Explain.
2011 BAR The city government filed a complaint for expropriation of 10 lots to build
a recreational complex for the members of the homeowners' association of Sitio Sto.
Tomas, the most populated residential compound in the city. The lot owners challenged
the purpose of the expropriation. Does the expropriation have a valid purpose? _____.
(A) No, because not everybody uses a recreational complex.
(B) No, because it intends to benefit a private organization.
(C) Yes, it is in accord with the general welfare clause.
(D) Yes, it serves the well-being of the local residents.
A S S I G N E D C A S E S
Is Marikina City Ordinance No. 192, insofar as imposing a five-meter set back, a
valid exercise of police power?
Fernando vs. St. Escolastica College, G.R. No. 161107, March 12, 2013
Is amendatory Manila Ordinance No. 8187, which would allow the continued stay
of oil depots in Pandacan, valid and constitutional?
SJS vs. Lim, G.R. Nos. 187836, etc., Nov. 23, 2014
Can LGUs establish no-build-zones? Does the LGU have the power to demolish
structures which are nuisance per se and per accidens?
Aquino vs. Mun. of Malay, G.R. 211356, Sept. 29, 2014
A line should be drawn between the powers of Congress as the repository of the
legislative power under the Constitution, and those that may be exercised by the
legislative bodies of local government units, e.g., the Sangguniang Panglunsod of
a local government, which as mere creatures of law, possess delegated legislative power. 75
Local legislative power shall be exercised by the sangguniang panlalawigan for the
province; the sangguniang panlungsod for the city; the sangguniang bayan for the
municipality; and the sangguniang barangay for the barangay. 76
Presiding Officer.77 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; and the punong barangay, of the
sangguniang barangay. The presiding officer shall vote only to break a tie. In the
event of the inability of the regular presiding officer to preside at a sanggunian
session, the 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.
Internal Rules.78 On the first regular session following the election of its members
and within ninety (90) days thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure. The rules of procedure shall provide for the
following: the organization of the sanggunian and the election of its officers as well
as the creation of standing committees; the order and calendar of business for each
session; the legislative process; the parliamentary procedures which include the
conduct of members during sessions; the discipline of members for disorderly
behavior and absences without justifiable cause for four (4) consecutive sessions, for
which they may be censured, reprimanded, or excluded from the session, suspended
for not more than sixty (60) days, or expelled: Provided, That the penalty of
suspension or expulsion shall require the concurrence of at least two-thirds (2/3)
vote of all the sanggunian members: Provided, further, That a member convicted by
final judgment to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian.
Sessions.79 On the first day of the session immediately following the election of its
members, the sanggunian shall, by resolution, fix the day, time, and place of its
regular sessions. The minimum numbers of regular sessions shall be once a week for
the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan,
and twice a month for the sangguniang barangay. When public interest so demands,
special sessions may be called by the local chief executive or by a majority of the
members of the sanggunian. All sanggunian sessions shall be open to the public
unless a closed-door session is ordered by an affirmative vote of a majority of the
members present, there being a quorum, in the public interest or for reasons of
security, decency, or morality. No two (2) sessions, regular or special, may be held
in a single day. In the case of special sessions of the sanggunian, a written notice to
the members shall be served personally at the member's usual place of residence at
least twenty-four (24) hours before the special session is held. Unless otherwise
concurred in by two-thirds (2/3) vote of the sanggunian members present, there
being a quorum, no other matters may be considered at a special session except
those stated in the notice. Each sanggunian shall keep a journal and record of its
proceedings which may be published upon resolution of the sanggunian concerned.
75
NORECO II vs. Sangguniang Panglunsod of Dumaguete City, G.R. 72492, Nov. 5, 1987.
76
R.A. No. 7160, Book I, Title II, Chapter III, Sec. 48.
77
Id. at Sec. 49.
78
Id. at Sec. 50.
79
Id. at Sec. 52.
Local Legislation In the exercise of its delegated legislative power, the local
Sanggunian may enact a resolution or an ordinance. An
ordinance possesses a general and permanent character, but a resolution is temporary in
nature.81 An ordinance is a law, but a resolution is merely a declaration of the sentiment
or opinion of a lawmaking body on a specific matter. 82 Additionally, the two are enacted
differently --- a third reading is necessary for an ordinance, but not for a resolution, unless
decided otherwise by a majority of all the Sanggunian members.83 For an ordinance to be
valid, it must not only be within the corporate powers of the city or municipality to enact
but must also be passed according to the procedure prescribed by law. 84 It must be in
accordance with certain well-established basic principles of a substantive nature. 85 These
principles require that an ordinance (1) must not contravene the Constitution or any
statute (2) must not be unfair or oppressive (3) must not be partial or discriminatory (4)
must not prohibit but regulate trade (5) must be general and consistent with public policy,
and (6) must not be unreasonable. 86
87
A P P R O V A L O F O R D I N A N C E S
Every 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. If the local chief
executive concerned approves the same, he shall affix his signature on each and every page
thereof; otherwise, he shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The sanggunian concerned may
override the veto of the local chief executive by two-thirds (2/3) vote of all its members,
thereby making the ordinance or resolution effective for all legal intents and purposes.
The veto shall be communicated by the local chief executive concerned to the sanggunian
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.
88
V E T O A N D O V E R R I D E
The local chief executive may veto any ordinance of the
sanggunian panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground
that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in
writing. The local chief executive, except the punong barangay, shall have the power to
veto any particular item or items of an appropriations ordinance, an ordinance or
80
Id. at Sec. 53.
81
Mun. of Paraaque vs. VM Realty Corp., G.R. No. 127820. July 20, 1998, 292 SCRA 678.
82
Id., citing Mascuana vs. Provincial Board of Negros Occidental, 79 SCRA 399, 405, October 18, 1977.
83
Id., citing Article 107, pars. a and c, Implementing Rules and Regulations of RA 7160.
84
Lagcao vs. Labra, G.R. No. 155746, Oct. 13, 2004.
85
Id.
86
Id., citing Tatel vs. Municipality of Virac, 207 SCRA 157.
87
R.A. No. 7160, Book I, Title II, Chapter III, Sec. 54.
88
Id. at Sec. 55.
90
E F F E C T I V I T Y O F O R D I N A N C E
Unless otherwise stated in the ordinance or the
resolution approving the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy thereof is posted in a
bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall,
as the case may be, and in at least two (2) other conspicuous places in the local
government unit concerned. The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the entrance of the
provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous
places in the local government unit concerned not later than five (5) days after approval
thereof. The text of the ordinance or resolution shall be disseminated and posted in
Filipino or English and in the language understood by the majority of the people in the
local government unit concerned, and the secretary to the sanggunian shall record such
fact in a book kept for the purpose, stating the dates of approval and posting. The gist of
all ordinances with penal sanctions shall be published in a newspaper of general
circulation within the province where the local legislative body concerned belongs. In the
absence of any newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the province where the
sanggunian of origin is situated. In the case of highly urbanized and independent
component cities, the main features of the ordinance or resolution duly enacted or
adopted shall, in addition to being posted, be published once in a local newspaper of
general circulation within the city: Provided, That in the absence thereof the ordinance or
resolution shall be published in any newspaper of general circulation.
89
Id. at Sec. 55.
90
Id. at Sec. 55.
91
Perez v. Dela Cruz, 27 SCRA 587 (1969).
92
Ibid. at 602.
Vote Required 6. Can the local Sanggunian prescribe for vote requirement
higher than simple majority in the enactment of an
ordinance? Yes. Although the city charter provides that a simple majority is sufficient for
the enactment of an ordinance, local authorities may provide for a more stringent
requirement to attain the purpose of the law. The more stringent requirement, i.e. the
proviso that any amendment thereto must be approved by majority of the Sangguniang
Panglunsod, was imposed to forestall any attempt to reclassify the area as recreational
from residential pursuant to a zoning plan adopted under SP Resolution No. 49. [Casio
vs. Court of Appeals, 204 SCRA 449].
The city ordinance of Manila, which required anyone who wanted to work in Manila
to obtain a mayors permit, is void because it does not contain any standards to guide
the issuance of permits. Requiring the permit from the mayor who may withhold or
refuse it at will is tantamount to the right of the people to engage in a means of
livelihood. [Villegas vs. Hiu Chiong Tsai Pao Ho, 86 SCRA 270].
The municipal ordinance of Urdaneta, which prescribed a speed limit for vehicular
traffic of twenty kilometers per hour through crowded streets approaching
intersections at blind corners, passing school zones or thickly populated areas, is
invalid. An essential requisite for an ordinance to be valid is that it must not
contravene the law. Under the Land Transportation and Traffic Code, a municipal
council intending to regulate traffic is supposed to classify the streets first and mark
them with proper signs, with the approval of the Land Transportation
Commissioner. In this case, there is no showing that such approval was secured.
Besides the ordinances does not distinguish between passenger cars and motorcycles
on one hand and motor trucks and buses on the other hand. [Primicias vs.
Municipality of Urdaneta, 93 SCRA 462].
The city ordinance of Baguio, which declared all public lands occupied by squatters
as a city government housing project to be sold to them, is a patent nullity. No
disposition of public land can be made by the City of Baguio without prior legislative
authority. The law has given the Director of Lands the exclusive power of disposition
of public lands. [Baguio Citizens Association, Inc. vs. City Council, 121 SCRA
368].
The municipal ordinance of Mandaluyong, which authorized the removal of license
plates of motor vehicles for traffic violations, and the ordinance of the Metropolitan
Authority, which authorized the removal of the license plates of motor vehicles
which are unattended, illegally parked, or obstructing the flow of traffic --- are void
for they contravene the law. Presidential Decree No. 1605 does not allow the removal
of license plates for traffic violations. [Solicitor General vs. Metropolitan Manila
Authority, 204 SCRA 837].
The municipal ordinance of Bayambang, which appointed private respondent as
manager of fisheries for 25 years, renewable for another 25 years, under the condition
that he would pay the municipality 10% of the gross income which should not be less
94
213 SCRA 516 (1992).
95
Id. at 523-524.
BAR Questions
96
2 0 0 3 B A R Can the Liga ng mga Barangay exercise legislative power? Explain.
1 9 9 6 B A R (1) How does the local legislative assembly override the veto by the local
chief executive of an ordinance?
(2) On what grounds can a local chief executive veto an ordinance?
(3) How can an ordinance vetoed by a local chief executive become a law without it being
overridden by the local legislative assembly?
1987 BAR State whether or not the following city ordinances are valid and give
reasons in support of your answers:
(a) An ordinance prescribing the use of the local dialect as medium of instruction in the
primary grades;
(b) An ordinance on business establishments to raise funds for the construction and
maintenance of roads in private subdivisions, which roads are open for use by segments of
the public who may have business inside the subdivision.
(c) An ordinance prohibiting barbershop operators from rendering massage service to
their customers in a separate room.
96
In the case of Bitonon vs. Fernandez, 350 SCRA 732 (2001), the Supreme Court ruled that the Liga ng Mga Barangay is not
a local government unit and its primary purpose is to determine representation of the liga in the sanggunians; to ventilate,
articulate, and crystallize issues affecting barangay government administration; and to secure solutions for them through
proper and legal means. It has no legislative powers.
1 9 9 1 B A R The municipality of Alcoy, Cebu passed Ordinance No. 10, series of 1991,
requiring owners, administrators, or tenants of buildings and premises to keep and
maintain them in sanitary condition, and should they fail to do so, cause them to be
cleared and kept in sanitary condition and the cost thereof to be assessed against the
owner, administrator or tenant, as the case may be, which cost shall constitute a lien
against the property. It further penalizes violation thereof with a fine not exceeding One
Thousand Pesos (1,000.00) or imprisonment for one (1) year at the discretion of the Court.
Is the ordinance valid?
L ocal government units and their officials are not exempt from liability for death or
injury to persons or damage to property. 97 As provided in Article 2189 of R.A. 386,
otherwise known as the Civil Code of the Philippines, as amended, provinces, cities,
and municipalities shall be liable for damages for the death of, or injuries suffered by, any
person by reason of the defective condition of roads, streets, bridges, public buildings, and
other public works under their control or supervision. The extent of liability for damages
shall be governed by the provisions of the Civil Code on quasi-delict.98
R E L E V A N T R U L I N G S
1. Are cities exempted from liability for damages or injuries arising from the failure of
their officers to enforce the provisions of their respective charters, or any other law or
ordinance? There is a common provision in the charters of all chartered cities in the
Philippines, with the exception of Dumaguete City, expressly exempting them from
liability for damages or injuries arising from the failure of their officers to enforce the
provisions of their respective charters, or any other law or ordinance, or from negligence
of said officers while enforcing or attempting to enforce said provisions. But this
exemption from civil liability may be waived by a chartered city. Where the city, by and
through its agents, appropriates funds and makes payment, its exemption from liability is
waived and it cannot bring an action to recover such amount paid. [City of Cebu vs.
Piccio, G.R. L-13012, Dec. 31, 1960].
2. Does the doctrine of respondeat superior apply to local government units? The
doctrine of respondeat superior or corporate liability for the negligence of torts of its
officers applies only where the government is engaged in proprietary or business
functions.99 When a municipality is engaged in governmental functions, as the
construction and maintenance of roads, the doctrine does not apply. The reason for such
exemption is that the government does not undertake to guarantee to any person the
infidelity of the officers and agents whom it employs, since that would involve in all its
operations endless embarrassments, difficulties and losses subversive of pubic interest.
The construction or maintenance of roads is admittedly a governmental activity and the
provincial government is not liable for the negligent act of its drivers while in the
performance of his duties as such. The prevailing rule in the law on municipal corpora-
tions is that a municipality is not liable for the torts committed by its regular employees in
the discharge of governmental functions. The municipality is answerable only when it is
acting in a proprietary capacity. [San Fernando vs. Firme, 195 SCRA 692].
BAR Questions
97
R.A. No. 7160, Book I, Title I, Chapter II, Section 24.
98
Art. 471, Rules and Regulations Implementing the Local Government Code of 1991.
99
Palafox vs. Ilocos Norte, G.R. L-10659, Jan. 31, 1958.
100
R.A. No. 7160, Book I, Title II, Chapter I, Sec.39-43.
101
Id. at Sec. 42.
102
Id. at Sec. 43.
103
Id. at Sec. 49.
R E L E V A N T R U L I N G S
Qualification 1. Is the phrase not more than twenty-one years old the same
with less than twenty-two years old? The Local Government
Code provides that the maximum age of an elective sangguniang kabataan official is
twenty-one years on the date of his election. When the law speaks of years, it is
understood that years are of 365 days each. It means twenty-one 365 day cycles. The
phrase not more than twenty-one years old is not equivalent to less than twenty-two
years old. Thus, petitioner is disqualified for he was more than twenty-one years old.
Garrido vs. Sales, 271 SCRA 767].
2. When does the citizenship qualification of a candidate for an elective office apply?
In Frivaldo v. Commission on Elections,105 the Court ruled that the citizenship
qualification must be construed as applying to the time of proclamation of the elected
official and at the start of his term. Moreover, in the case of Frivaldo v. Commission on
Elections, the Court ruled that the repatriation of Frivaldo RETROACTED to the date of
the filing of his application. In said case, the repatriation of Frivaldo was by virtue of
Presidential Decree No. 725, which took effect on June 5, 1975. The Court therein declared
that Presidential Decree No. 725 was a curative statute, which is retroactive in nature. The
retroactivity of Frivaldos repatriation to the date of filing of his application was justified
by the Court. Republic Act No. 8171106 has impliedly repealed Presidential `Decree No.
725. They cover the same subject matter: Providing for the repatriation of Filipino women
who have lost their Philippine citizenship by marriage to aliens and of natural-born
Filipinos. The Courts ruling in Frivaldo v. Commission on Elections that repatriation
retroacts to the date of filing of ones application for repatriation subsists for the same
reasons quoted above. Accordingly, petitioners repatriation retroacted to the date he
filed his application in 1997. Petitioner was, therefore, qualified to run for a mayoralty
position in the government in the May 10, 2004 elections. Apparently, the COMELEC was
cognizant of this fact since it did not implement the assailed Resolutions disqualifying
104
Id. at Sec. 40.
105
257 SCRA 727 (1996).
106
Republic Act No. 8171 took effect on January 12, 1996.
107
G.R. Nos. 163295 & 163354, January 23, 2006, 479 SCRA 473.
108
G.R. No. 154829, December 10, 2003, 417 SCRA 601.
BAR Questions
2005 BAR In the May 8, 1995 elections for local officials whose terms were to
commence on June 30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for
the Office of Governor of Laguna. He won, but his qualifications as an elected official was
questioned. It is admitted that he is a repatriated Filipino citizen and a resident of the
Province of Laguna. To be qualified for the office to which a local official has been
elected, when at the latest should he be: (a) A Filipino Citizen? Explain. (b) A resident of
the locality? Explain.
2005 BAR Manuel was elected Mayor of the Municipality of Tuba in the elections of
1992, 1995 and 1998. He fully served his first two terms, and during his third term, the
municipality was converted into the component City of Tuba. The said charter provided
for a hold-over and so without interregnum Manuel went on to serve as the Mayor of the
City of Tuba. In the 2001 elections, Manuel filed his certificate of candidacy for City
Mayor. He disclosed, though, that he had already served for three consecutive terms as
elected Mayor when Tuba was still a municipality. He also stated in his certificate of
candidacy that he is running for the position of Mayor for the first time now that Tuba is a
city. Reyes, an adversary, ran against Manuel and petitioned that he be disqualified
because he had already served for three consecutive terms as Mayor. The petition was not
timely acted upon, and Manuel was proclaimed the winner with 20,000 votes over the
10,000 votes received by Reyes as the only other candidate. It was only after Manuel took
his oath and assumed office that the COMELEC ruled that he was disqualified for having
ran and served for three consecutive terms.
109
Borja, Jr. v. Commission on Elections, 356 Phil. 467 (1998).
2 0 0 8 B A R Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-
Governor of Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, his
opponent, Khalil, filed an election protest before the Commission on Election. Ruling with
finality on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor
though the decision was promulgated only in 2007, when Abdul had fully served his 2004-
2007 term and was in fact already on his 2007-2010 term as Vice Governor. Abdul now
consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May
2010 election on the premise that he could not be considered as having served as Vice-
Governor from 2004-2007 because he was not duly elected to the post, as he assumed
office merely as a presumptive winner and that presumption was later overturned when
COMELEC decided with finality that had lost in the May 2004 elections. What will be your
advice?
2 0 1 1 B A R Alfredo was elected municipal mayor for 3 consecutive terms. During his
third term, the municipality became a city. Alfredo ran for city mayor during the next
immediately succeeding election. Voltaire sought his disqualification citing the 3 term
limit for elective officials. Will Voltaire's action prosper?
(A) No, the 3 term limit should not apply to a person who is running for a new position
title.
(B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in
the service of the local elective official.
(C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or
municipality.
(D) No, the 3 term limit should not apply to a local government unit that has assumed a
different corporate existence.
2 0 1 1 B A R Adela served as Mayor of Kasim for 2 consecutive terms. On her third term,
COMELEC ousted her in an election protest that Gudi, her opponent, filed against her.
Two years later, Gudi faced recall proceedings and Adela ran in the recall election against
him. Adela won and served as Mayor for Gudi's remaining term. Can Adela run again for
Mayor in the next succeeding election without violating the 3 term limit?
(A) No, she won the regular mayoralty election for two consecutive terms and the recall
election constitutes her third term.
(B) No, she already won the mayoralty election for 3 consecutive terms.
(C) Yes, her ouster from office in her third term interrupted the continuity of her service
as mayor.
(D) Yes, the fresh mandate given her during the recall election erased her disqualification
for a third term.
A S S I G N E D C A S E S
Does the service of a term less than the full three years considered as full service of
the term for purposes of the three term limit rule?
Abundo vs. Comelec, G.R. No. 201716, Jan. 8, 2013
By using his foreign passport after renouncing his foreign citizenship, is a dual
citizen divested of his Filipino citizenship and, thus, disqualified to hold public
office?
Maquiling vs. Comelec, G.R. No. 195649, Apr. 16, 2013
Will a landslide election victory override eligibility requirements?
Arnado vs. Comelec, G.R. No. 210164, Aug. 18, 2015
I f a permanent vacancy occurs in the office of the governor or mayor, the vice-
governor or vice-mayor concerned shall become the governor or 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, shall become the governor, vice-
governor, mayor or vice-mayor, as the case may be. Subsequent vacancies in the said office
shall be filled automatically by the other sanggunian members according to their ranking
as defined herein. If a permanent vacancy occurs 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, shall become the punong barangay. A tie
between or among the highest ranking sanggunian members shall be resolved by the
drawing of lots.
Permanent Vacancy. A permanent vacancy arises when an 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.
Unexpired Term. The successors as defined herein shall serve only the unexpired
terms of their predecessors.
Ranking. Ranking in the sanggunian shall be 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.
S A N G G U N I A N V A C A N C I E S
Where automatic succession does not apply,
permanent vacancies in the sanggunian shall be filled by appointment in the following
manner: 111
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 in the manner hereinabove provided. 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. In the appointment herein
mentioned, a nomination and a certificate of membership of the appointee from the
highest official of the political party concerned are conditions sine qua non, and any
appointment without such nomination and certification shall be null and void ab
initio and shall be a ground for administrative action against the official responsible
therefore.
In case or 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 to fill the vacancy. In case of
vacancy in the representation of the youth and the barangay in the sanggunian, said
110
R.A. No. 7160, Book I, Title II, Chapter II, Sections 44-47.
111
Id. at Sec.45.
112
T E M P O R A R Y V A C A N C I E S
When the governor, city or municipal mayor, or
punong barangay is temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad, and suspension from
office, the vice-governor, city or municipal vice-mayor, or the highest ranking
sangguniang barangay member shall automatically exercise the powers and perform the
duties and functions of the local chief executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days.
Said 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. In cases where the temporary incapacity is due to legal
causes, the local chief executive concerned shall also submit necessary documents
showing that said legal causes no longer exist.
When the incumbent local chief executive is traveling within the country but outside
his territorial jurisdiction for a period not exceeding three (3) consecutive days, he
may designate in writing the officer-in-charge of the said office. Such authorization
shall specify the powers and functions that the local official concerned shall exercise
in the absence of the local chief executive except the power to appoint, suspend, or
dismiss employees.
In the event, however, that the local chief executive concerned fails or refuses to
issue such authorization, the vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case may be, shall have the
right to assume the powers, duties, and functions of the said office on the fourth
(4th) day of absence of the said local chief executive.
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.
L E A V E O F A B S E N C E
Whenever the application for leave of absence is not acted
upon within five (5) working days after receipt thereof, the application for leave of absence
shall be deemed approved. Leaves of absence of local elective officials shall be approved
as follows: 113
Leaves of absence of the governor and the mayor of a highly urbanized city or an
independent component city shall be approved by the President or his duly
authorized representative;
Leaves of absence of vice-governor or a city or municipal vice-mayor shall be
approved by the local chief executive concerned: Provided, That the leaves of
absence of the members of the sanggunian and its employees shall be approved by
the vice-governor or city or municipal vice-mayor concerned;
Leaves of absence of the component city or municipal mayor shall be approved by
the governor; and
Leaves of absence of a punong barangay shall be approved by the city or municipal
mayor: Provided, That leaves of absence of sangguniang barangay members shall be
approved by the punong barangay.
112
Id. at Sec.46.
113
Id. at Sec.46.
1. Petitioners argument that he should have been the one designated as acting vice-
governor because he obtained the highest number of votes from those who actually voted
is untenable. The law is clear that the ranking of senior Sangguniang Panlalawigan
Member shall be determined on the basis of the total number of registered voters in each
district.114 [Victoria vs. 229 SCRA 269].
2. Under paragraph (a) Section 45 of the Local Government Code, it is the governor
who fills any permanent vacancy in the Sangguniang Bayan by appointment. The
appointee should be nominated by the political party to which the member of the
Sangguniang Bayan to be replaced belongs. In case the member of the Sangguniang Bayan
does not belong to any political party, the local chief executive should appoint a qualified
person to fill the vacancy upon the recommendation of the Sangguniang Bayan concerned.
While the petitioner was appointed by the Governor, he was not recommended by the
Sangguniang Bayan. And although the respondent was recommended by the Sangguniang
Bayan, he was appointed by the Mayor. Neither the petitioner nor the respondent is
entitled to the vacant seat. [Farias vs. Barba, 256 SCRA 396].
3. A vice-governor does not relinquish nor abandon his position and title, as such,
vice-governor by merely becoming an acting governor but for purposes of exercising the
legislative prerogatives and powers, he is deemed a non-member of the Sangguniang
Panlalawigan for the time being. [Gamboa vs. Aguirre, G.R. 134213, July 20, 1999].
4. Since the Local Government Code is silent on the mode of succession in case of
temporary vacancy in the position of Vice-Governor, because of the exigencies of public
service, the President, through her alter ego, the Secretary of Local Government, may
extend temporary appointment. The contention that it is the Sangguniang Panlalawigan
which should make the appointment has no merit. As between the President, who has
supervision over local governments, and the members of the Sangguniang Panlalawigan,
who are junior to the vice governor, the former should prevail. Even if the President had
no power to appoint petitioner, at the very least he is a de facto officer and is entitled to
compensation. [Monzon vs. Petilla, 197 SCRA 251].
BAR Questions
1995 BAR
The Vice Mayor of a municipality filed his certificate of candidacy for the
same office in the last elections. The Municipal Mayor was also running for re-election.
Both were official candidates of the same political party. After the last day for the filing of
the certificates of candidacy, the Mayor died. Under these facts
(a) Can the Vice Mayor succeed to the office of the Mayor pursuant to the provisions of
the Local Government Code? Explain.
(b) Assuming that the Vice Mayor succeeds to the position of Mayor after the incumbent
died, which position is now different from the one for which he has filed his certificate of
candidacy, can he still continue to run as Vice Mayor? Explain.
(c) Is there any legal impediment to the Vice Mayor to replace the re-electionist Mayor
who died? Explain.
114
Section 44, R.A. 7160.
2002 BAR Suppose A, a Municipal Mayor, went on a sick leave to undergo medical
treatment for a period of four (4) months. During that time (a) will B, the Municipal
Vice-Mayor, be performing executive functions? Why? (b) will B at the same time be also
performing legislative functions as presiding officer of the Sangguniang Bayan? Why?
A S S I G N E D C A S E S
Will the Vice Mayor succeed under the law on succession as provided for in Sec. 44
of the Local Government Code?
Talaga vs. Alcala, G.R. Nos. 196804 & 197015, Oct. 11, 2012
115
R.A. No. 7160, Book I, Title II, Chapter IV, Sections 60-68.
116
Id. at Sec. 60.
117
Id.
118
Id. at Sec. 61.
119
Id. at Sec. 62.
120
Id. at Sec. 63-64.
R E L E V A N T R U L I N G S
121
Id. at Sec. 65.
122
Id. at Sec. 66.
123
Id. at Sec. 67.
124
Id. at Sec. 68.
125
A. Pimentel, The Local Government Code of 1991: The Key To National Development, 177 (1993).
126
See also Malinao vs. Reyes, 255 SCRA 616 and Salalima vs. Guingona, 257 SCRA 55.
127
People vs. Jalosjos, G.R. 132875-76, Feb. 3, 2000.
T
he power of recall for loss of confidence shall be exercised by the registered voters
of a local government unit to which the local elective official subject of recall
belongs. Recall process may be initiated by a preparatory recall assembly or by
the registered voters of the local government unit to which the local elective
official subject to such recall belongs. There shall be a preparatory recall assembly [PRA]
in every province, city, district, and municipality which shall be composed of the
following: (1) Provincial level. - All mayors, vice-mayors, and sanggunian members of the
municipalities and component cities; (2) City level. - All punong barangay and
sanggunian barangay members in the city; (3) Legislative District level. - In case where
sangguniang panlalawigan members are elected by district, all elective municipal officials
in the district; and in cases where sangguniang panlungsod members are elected by
district, all elective barangay officials in the district; and (4) Municipal level. - All
punong barangay and sangguniang barangay members in the municipality.
PRA Initiation.129 A majority of all the preparatory recall assembly members may
convene in session in a public place and initiate a recall proceedings against any
elective official in the local government unit concerned. Recall of provincial, city, or
municipal officials shall be validly initiated through a resolution adopted by a
majority of all the members of the preparatory recall assembly concerned during its
session called for the purpose.
Voters Initiation.130 Recall of any elective provincial, city, municipal, or barangay
official may also be validly initiated upon petition of at least twenty-five percent
(25%) of the total number of registered voters in the local government unit
concerned during the election in which the local official sought to be recalled was
elected.
A written petition for recall duly signed before the election registrar or his
representative, and in the presence of a representative of the petitioner and a
representative of the official sought to be recalled and, and in a public place in the
province, city, municipality, or barangay, as the case may be, shall be filed with the
COMELEC through its office in the local government unit concerned. The
COMELEC or its duly authorized representative shall cause the publication of the
petition in a public and conspicuous place for a period of not less than ten (10)
days nor more than twenty (20) days, for the purpose of verifying the authenticity
and genuineness of the petition and the required percentage of voters.
Upon the lapse of the aforesaid period, the COMELEC or its duly authorized
representative shall announce the acceptance of candidates to the position and
thereafter prepare the list of candidates which shall include the name of the
official sought to be recalled.
Election on Recall.131 Upon the filing of a valid resolution or petition for recall with
the appropriate local office of the COMELEC, the Commission or its duly authorized
representative shall set the date of the election on recall, which shall not be later
than thirty (30) days after the filing of the resolution or petition for recall in the case
of the barangay, city, or municipal officials. and forty-five (45) days in the case of
provincial officials. The official or officials sought to be recalled shall automatically
be considered as duly registered candidate or candidates to the pertinent positions
and, like other candidates, shall be entitled to be voted upon.
128
R.A. No. 7160, Book I, Title II, Chapter V, Sections 69-75.
129
Id. at Sec. 70.
130
Id.
131
Id. at Sec. 71.
R E L E V A N T R U L I N G S
BAR Questions
2002 BAR
Suppose the people of the province want to recall the provincial governor
before the end of his three-year term of office,
(a) On what grounds can the provincial governor be recalled?
(b) How will the recall be initiated?
(c) When will the recall of an elective official be considered effective?
A S S I G N E D C A S E S
Was there legal and factual bases for the Comelec in cancelling the recall election
in Puerto Princesa for lack of funds?
Goh vs. Bayron & Comelec, G.R. No. 212584, Nov. 25, 2014
132
Id. at Sec. 72.
133
Id. at Sec. 73-74.
134
Id. at Sec. 75.
E very local government unit shall design and implement its own organizational
structure and staffing pattern taking into consideration its service requirements
and financial capability, subject to the minimum standards and guidelines
prescribed by the Civil Service Commission. The chief executive of every local
government unit shall be responsible for human resources and development in his unit
and shall take all personnel actions in accordance with the Constitutional provisions on
civil service, pertinent laws, and rules and regulations thereon, including such policies,
guidelines and standards as the Civil Service Commission may establish: Provided, That
the local chief executive may employ emergency or casual employees or laborers paid on a
daily wage or piecework basis and hired through job orders for local projects authorized
by the sanggunian concerned, without need of approval or attestation by the Civil Service
Commission: Provided, further, That the period of employment of emergency or casual
laborers as provided in this Section shall not exceed six (6) months.
135
R.A. No. 7160, Book I, Title III, Sections 76-97.
1. The complaint for illegal dismissal filed against the city engineer is in effect a
complaint against the city, who was the real employer of the dismissed employees. A
judgment against the city engineer would actually be a judgment against the city. By
serving as counsel of the dismissed employees, petitioner who is a city councilor violated
the prohibition against representing interests adverse to the city. [Javellana vs. DILG,
G.R. 102549, Aug. 10, 1992, 212 SCRA 475].
2. Section 90, R.A. 7160, insofar as it allows Sangguniang members to practice their
professions and engage in any occupation [or teach in schools] except during session
hours, is valid and constitutional. The Local Government Code does not trench upon the
power of the Supreme Courts authority to prescribe rules on the practice of law. It simply
prescribes rules of conduct for public officials to avoid conflicts of interest between the
discharge of their duties and the private practice of their profession, in those instances
where the law allows it. [Javellana vs. DILG, G.R. 102549, Aug. 10, 1992, 212 SCRA 475].
3. Board Member Sotto is then deemed not resigned because there was no quorum
when her letter of irrevocable resignation was noted by the Sanggunian. For the same
reason, Resolution Nos. 05 and 07 are of no legal effect. Even assuming arguendo that
there were indeed thirteen members present during the questioned February 26, 2001
session, Resolution No. 05 declaring the entire province of Compostela Valley under state
of calamity is still null and void because the motion for its approval was approved by only
six members. When there are thirteen members present at a session, the vote of only six
A S S I G N E D C A S E S
Does the City of General Santos have the power to streamline and reorganize its
local government bureaucrat as well as the authority to create a separate or
supplementary retirement benefit plan?
City of General Santos vs. COA, G.R. No. 199439. April 22, 2014
136
Article 107. Ordinances and Resolutions. The following rules shall govern the enactment of ordinances and resolutions:
(g) No ordinance of resolution passed by the sanggunian in a regular or special session duly called for the purpose shall be
valid unless approved by a majority of the members present, there being quorum. x x x (Italics in the original.
Emphasis supplied)
B
oundary disputes between and among local government units shall, as much as
possible, be settled amicably. To this end: 138
Boundary disputes involving two (2) or more barangays in the same city or
municipality shall be referred for settlement to the sangguniang panlungsod or
sangguniang bayan concerned.
Boundary disputes involving two (2) or more municipalities within the same
province shall be referred for settlement to the sangguniang panlalawigan
concerned.
Boundary disputes involving municipalities or component cities of different
provinces shall be jointly referred for settlement to the sanggunians of the province
concerned.
Boundary disputes involving a component city or municipality on the one hand and
a highly urbanized city on the other, or two (2) or more highly urbanized cities, shall
be jointly referred for settlement to the respective sanggunians of the parties.
In the event the sanggunian fails to effect an amicable settlement within sixty (60)
days from the date the dispute was referred thereto, it shall issue a certification to
that effect. Thereafter, the dispute shall be formally tried by the sanggunian
concerned which shall decide the issue within sixty (60) days from the date of the
certification referred to above.
139
A P P E A L Within the time and manner prescribed by the Rules of Court, any party
may elevate the decision of the sanggunian concerned to the proper Regional Trial Court
having jurisdiction over the area in dispute. The Regional Trial Court shall decide the
appeal within one (1) year from the filing thereof. Pending final resolution of the disputed
area prior to the dispute shall be maintained and continued for all legal purposes.
R E L E V A N T R U L I N G S
1. Although R.A. 522 is clear as to which territories shall belong to the each
municipality, the law is silent, however, as to the specifications of the boundary line which
will separate the two municipalities. And the law vested the right to settle boundary
disputes between municipalities on the provincial board pursuant to Section 2167 of the
Revised Administrative Code. [Municipality of Sogod vs. Rosal, 201 SCRA 632].
2. The importance of drawing with precise strokes the territorial boundaries of a local
unit cannot be overemphasized. The Supreme Court takes judicial notice, however, to the
fact that Congress has refrained from using the metes and bounds description of land
areas of other local government units with unsettled boundary disputes. [Mariano vs.
Comelec, 242 SCRA 211].
3. The Regional Trial Court correctly ordered a relocation survey to determine to which
municipality the barangays in question belong. The agreement between he two
municipalities is invalid if the effect would be to amend the area of the Municipality of
Sinacoban as described in Executive Order No. 258. The power of the provincial boards to
settle boundary disputes is limited to implementing the law creating a municipality. Any
137
R.A. No. 7160, Book I, Title IX, Chapter I, Sections 118-119.
138
Id. at Sec. 118.
139
Id. at Sec. 119.
BAR Questions
2005 BAR There was a boundary dispute between Dueas, a municipality, and Passi,
an independent component city, both of the same province. State how the two local
government units should settle their boundary dispute.
140
President Elpidio Quirino issued Executive Order No. 258 creating the Municipality of Sinacoban. On the basis of the
technical description of its territory in Executive Order No. 258, the Municipality of Sinacoban claimed a portion of a
barangay and four barangays as part of its territory. The adjoining Municipality of Jimenez claimed the same area on the
basis of an earlier agreement it had with the Municipality of Sinacoban which fixed their boundary and which was approved
by the Provincial Board of Misamis Occidental. The Regional Trial Court ordered a relocation survey.
L ocal initiative is the legal process whereby the registered voters of a local
government unit may directly propose, enact, or amend any ordinance. 142 Local
referendum is the legal process whereby the registered voters of the local
government units may approve, amend or reject any ordinance enacted by the
sanggunian.143 The power of local initiative and referendum may be exercised by all
registered voters of the provinces, cities, municipalities, and barangays.144
Local Initiative Procedure.145 Not less than one thousand (1,000) registered voters
in case of provinces and cities, one hundred (100) in case of municipalities, and fifty
(50) in case of barangays, may file a petition with the sanggunian concerned
proposing the adoption, enactment, repeal, or amendment of an ordinance.
If no favorable action thereon is taken by the sanggunian concerned within thirty
(30) days from its presentation, the proponents, through their duly authorized and
registered representatives, may invoke their power of initiative, giving notice
thereof to the sanggunian concerned. The proposition shall be numbered serially
starting from Roman numeral I. The COMELEC or its designated representative
shall extend assistance in the formulation of the proposition. Two (2) or more
propositions may be submitted in an initiative.
Proponents shall have ninety (90) days in case of provinces and cities, sixty (60)
days in case of municipalities, and thirty (30) days in case of barangays, from notice
mentioned in subsection (b) hereof to collect the required number of signatures. (f)
The petition shall be signed before the election registrar. or his designated
representatives, in the presence of a representative of the proponent, and a
representative of the sanggunian concerned in a public place in the local
government unit, as the case may be. Stations for collecting signatures may be
established in as many places as may be warranted.
Upon the lapse of the period herein provided, the COMELEC, through its office in
the local government unit concerned, shall certify as to whether or not the required
number of signatures has been obtained. Failure to obtain the required number
defeats the proposition. If the required number of signatures is obtained, the
COMELEC shall then set a date for the initiative during which the proposition shall
be submitted to the registered voters in the local government unit concerned for
their approval within sixty (60) days from the date of certification by the
COMELEC, as provided in subsection (g) hereof, in case of provinces and cities,
forty-five (45) days in case of municipalities, and thirty (30) days in case of
barangays. The initiative shall then be held on the date set, after which the results
thereof shall be certified and proclaimed by the COMELEC.
Effectivity of Local Proposition.146 If the proposition is approved by a majority of
the votes cast, it shall take effect fifteen (15) days after certification by the COMELEC
as if affirmative action thereon had been made by the sanggunian and local chief
executive concerned. If it fails to obtain said number of votes, the proposition is
considered defeated.
Limitations on Local Initiative.147 The power of local initiative shall not be
exercised more than once a year. Initiative shall extend only to subjects or matters
141
R.A. No. 7160, Book I, Title IX, Chapter II, Sections 120-127.
142
R.A. No. 7160, Book I, Title IX, Chapter II, Sec. 120.
143
Id at Sec. 126.
144
Id. at Sec. 121.
145
Id. at Sec. 122.
146
Id. at Sec. 123.
147
Id. at Sec. 124.
R E L E V A N T R U L I N G S
148
Id. at Sec. 125.
L ocal government units shall have the power and authority to establish an
organization that shall be responsible for the efficient and effective
implementation of their development plans, program objectives and priorities; to
create their own sources of revenues and to levy taxes, fees, and charges which shall
accrue exclusively for their use and disposition and which shall be retained by them; to
have a just share in national taxes which shall be automatically and directly released to
them without need of any further action; 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; to acquire, develop, lease, encumber, alienate, or otherwise dispose of
real or personal property held by them in their proprietary capacity and to apply their
resources and assets for productive, developmental, or welfare purposes, in the exercise or
furtherance of their governmental or proprietary powers and functions and thereby ensure
their development into self-reliant communities and active participants in the attainment
of national goals.150
Fundamental Principles. The following fundamental principles shall govern the
exercise of the taxing and other revenue-raising powers of local government units:
Taxation shall be uniform in each local government unit;
Taxes, fees, charges and other impositions shall: (1) be equitable and based as far as
practicable on the taxpayer's ability to pay; (2) be levied and collected only for
public purposes; (3) not be unjust, excessive, oppressive, or confiscatory; (4) not be
contrary to law, public policy, national economic policy, or in the restraint of
trade;
The collection of local taxes, fees, charges and other impositions shall in no case be
let to any private person;
The revenue collected pursuant to the provisions of this Code shall inure solely to
the benefit of, and be subject to the disposition by, the local government unit
levying the tax, fee, charge or other imposition unless otherwise specifically
provided herein; and,
Each local government unit shall, as far as practicable, evolve a progressive system
of taxation.
Limitations. Unless otherwise provided herein, the exercise of the taxing powers of
provinces, cities, municipalities, and barangays shall not extend to the levy of the
following:
(a) Income tax, except when levied on banks and other financial institutions;
(b) Documentary stamp tax;
(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa,
except as otherwise provided herein;
(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues,
and all other kinds of customs fees, charges and dues except wharfage on wharves
constructed and maintained by the local government unit concerned;
(e) Taxes, fees, and charges and other impositions upon goods carried into or out of,
or passing through, the territorial jurisdictions of local government units in the
guise of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees, or
charges in any form whatsoever upon such goods or merchandise;
149
R.A. No. 7160, Book II, Title I, Chapter I-VI, Sections 128-196.
150
Id. at Book I, Title I, Chapter I, Sec. 18.
R E L E V A N T R U L I N G S
151
363 SCRA 522 (2001).
152
SEC. 133. Common Limitations on the Taxing Powers of Local Government Units. Unless otherwise provided herein,
the exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the
following: x x x x (o) Taxes, fees or charges of any kinds on the National Government, its agencies and instrumentalities,
and local government units.
153
PLDT v. City of Davao, 415 Phil. 764 (2001); Philippine Long Distance Telephone Company (PLDT) v. Province of Laguna,
G.R. No. 151899, August 16, 2005, 467 SCRA 93; Digital Telecommunications Philippines, Inc. (Digitel) v. Province of
Pangasinan, G.R. No. 152534, February 23, 2007, 516 SCRA 541.
BAR Questions
2013 BAR
MCQ. May the power of cities to raise revenues be limited by an executive
order of the President?
(A) Yes, because local government units are under the administrative control of the
President through the Department of Interior and Local Government.
(B) No, because local government units now enjoy full local fiscal autonomy.
(C) No, because only limitations established by Congress can define and limit the powers
of local governments.
(D) Yes, because the President has the power and authority to impose reasonable
restrictions on the power of cities to raise revenues.
(E) Yes, if so provided in a city's charter.
A S S I G N E D C A S E S