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LOCAL GOVERNMENT INTEGRATED LECTURE TRANSCRIPT

First, theres no mention of local governments under 1987 Constitution. They are referred to as
territorial and political subdivisions. See the rest of Slide 3. Key word. ALL LGUs yung sa first
bullet point.

Note the term subdivision because this presupposes the system is unitary rather than federal
because all subdivision form only one unit and that is the State and all LGUs are not empires
with an empire. Only one empire: Republic. They are not impenetrable states cuz they are
under supervision of the executive branch or higher LGU and under the control of Congress.

5 Levels
1. Autonomous regions 2 in constitution but only 1 incorporated and approved by plebiscite,
the ARMM
2. Provinces 2 types: inside and outside ARMM
Outside under direct supervision of Pres
Inside under direct supervision by autonomous region
3. Cities Independent of the cities vs Component of the cities
Independent of the cities those who do not vote for provincial officials
If HUC / independent cities outside supervision of higher LGUs
4. Almost all municipalities are component municipalities of provinces except Municipality of
Pateros.
5. All barangays are component of either cities or municipalities

LGUs exist in two capacities.

- Governmental power to legislate, police power, eminent domain. = act as agents of the
state
- Proprietary operating a market or water system = agents of the People

LGUs
- no inherent powers
- broadly delegated powers from Consti, statutes, charters
- sources of powers is in Consti, laws such LGC, and charters
- charters - need not be the same per charter
o Ex. Makati: Sec of Sanggu is appointed by the Mayor, not Vice Mayor
- LGUs do not have self-governing powers. Self-governance would mean they have
inherent powers (wc they dont)
- There is a system of separation of powers in LGUs, NOT PURSUANT TO THE
CONSTITUTION, but pursuant to Local govt code and charters of specific LGUs so they
can be amended by Congress
- Before, mayor used to preside over sessions of Sanggu but that was changed under
LGC and Congress can revert to old system since no consti system of sep powers when
you talk about LGUs
- Apply rule on corporate succession meaning in case of contracts entered into by the
mayor with the authorization of Council cannot be unilaterally rescinded by the next
administration because the real party in interest is the LGU while mayor simply acts as
representative / agent

Power to create LGUs only by law => statute or special law or ordinance
- Right now only provinces and cities can create barangays.
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- Municipalities have not been given this power
- How about local government units created by the executive branch? = NOT ALLOWED.
However, if it was done in the past, and there was state recognition and there was no
judicial dissolution through a quo warranto case then the 1991 LGC applies and there is
a curity (?) provision and to date these LGUs are now de jure / legitimate LGUs
- Can Congress provide for diff requirements for the creation of a particular city
inconsistent with the 1991 LGC? Yes because of plenary authority of Congress and
under Sec 3 Article 10: Congress has the power to determine structures of the LGUs.
- Criteria: depends on whether it is a barangay, city or municipality
o Population
o Land area (include DENR managed forest lands; NOT municipal waters 15 km
off the shore)
o Income
- When a municipality is converted into a city, you have a different distinct juridical entity
but that does not mean that the mayor can run again for another three terms. Term
rules: there is a continuation
- Failure to identify seat of govt is not fatal
- 2 requirements of plebiscite
o plurality
o economic dislocation
o every time you upgrade or downgrade even if it pertains to same LGU, you need
a plebiscite
o boundary disputes serve as prejudicial questions: cannot hold a plebiscite until
this is resolved
o COMELEC with power to resolve plebiscite protest cases
o Case: When converted to HUC, need a plebiscite cuz substantial alteration of
boundaries

ARMM
- diff from other 4 units wc enjoy administrative autonomy
- enjoy political autonomy (higher degree autonomy)
- CAR no autonomous region for Cordilleras; only an administrative region like MMDA
also no police power or enact ordinances, can issue rules
- ARE LGUs have police power and power to legislate
- Relationship with Pres under supervision not control of the President
- CAR and MMDA are under control of the President cuz they are NOT LGUs
- To amend ARMM, whether minor or substantive, you need plebiscite BECAUSE they
enjoy a higher degree of local autonomy and the Organic Act of ARMM itself requires a
plebiscite before any provisions of its charter is amended.

Local autonomy
- responsive and accountable LG structure instituted through system of decentralization
- LGUs not states or ministates
- No pre-federal form of govt in Consti Congress cannot provide for this through ordinary
legislation
- Regional autonomy degree of self-determination exercised by the LGUs as against the
central government
- 2 types of autonomy
o Decentralization of administration enjoyed by 4 basic LGUs (province,
municipalities, cities, barangay)
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o Decentralization of power ARMM, CAR = accountable to their constituency and
with minimal state intervention, free to chart own destiny
- 2 Other terms (diff from above)
o Administrative decentralization deconcentration: transfer of powers from central
offices to regional offices of the departments
LGC does not list what deconcentrated powers are
o Political decentralization devolution: transfer of powers from natio govt
agencies to LGU
LGC and other special laws enumerate what those powers are.
If it is devolved, national govt and local govt cannot refuse to devolve and
to accept
If not devolved, then the power remains with natio govt agency
Power-specific
4 aspects devolved: basic services, power to regulate, personnel and
assets
does not extend to nationally funded projects
SEE SLIDE 11 for what basic services and regulatory powers have been
devolved
Basic Services
School buildings devolved
Hospitals it depends, If its a tertiary natio hospital, it will remain
with DOH. Primary and secondary hospitals is devolved
Socialized housing is a shared responsibility with NHA
Day Care Centers once upon a time with DSWD, now
responsibility of barangays
Community based forestry projects are also devolved but if you
look at LGC closely, the devolved powers of the DENR are subject
to the control of DENR -> no one has questioned this because as
we know under Consti, the relationship between dept and LGUs is
one of supervision NOT control
Regulatory powers
Approval of Subdivision Plans
o Local significance devolve to cities and municipalities
o National significance HLURB
Enforcement of environmental laws have been devolved but does
not extend to regulation of pesticides
Enforcement of National Building Code (DPWH) is now a
devolved power so even if LGU does not have power to regulate
cable tv operations, it has the power to regulate the structure
because of this devolved power
Public transport: it depends; if tricycle not LTFRB, power of
cities and municipalities; but if jeepneys, buses, taxis = issuance
of franchise still with LTFRB.
ORCR and drivers license LTO; not devolved
Inspection of meat products devolved
o Why talk of deconcentration when we talk about local autonomy? The answer is
access. No need to go to Manila / central offices to get services. Just go to
Regional / field offices for approvals for certain basic services
o Both are mandatory and have a timeline. Although timeline took more than a year
to make deconcentration and devolution
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- Devolution vs Delegation: distinguish through the source
o Devolution natio govt agency such departments
Delegation Congress (power to tax, eminent domain, power to
reclassify, police power)
o Devolution vs Deconcentration: distinguish through recipient of powers
Deconcentration field offices of natio govt units
Devolution LGU
- Despite local autonomy, Congress retains control over LGUs. Only limitation is Consti.
- Pres and LGUs relationship: supervision not control
- Pork barrel interference of representatives on how national funds will be used amounts
to undue interference
- Pres can only interfere in affairs if the supervised entities violate the law supervision
- If control; whether follow the law or not, Pres can substitute with his own judgment or
imposes conditions
- Power to supervise is only a question of law; no question of wisdom or factual
considerations
- Pres when exercising supervision cannot say that your actions are prejudicial to general
welfare = not a question of law
- Can DILG require full disclosure of budgets? Yes Accdg to Consti, requirement under
the Code
- For purely local concerns, who would be in a better position to resolve concerns - >
principle of subsidiarity (local / municipal dimension rule): LGUs have superior
competence over local matters. Purely local affairs to be handled by the officials and
inhabitants of such political units -> exception is law.
- Conflict between national and local, higher and lower, GR: you follow the law. Absent
provision in law follow these 2 rules:
o If its a national concern: resolve in favor of national
o If its local concern: resolve in favor of local
- Can natio govt agency review ordinances? It depends. If there is a law, then its allowed.
If no law, not allowed cuz go against local autonomy and amounts to control. Only 2 so
far:
o DOJ over tax ordinance; not regulatory fees
o DBM over appropriations ordinances
o But their power is not absolute; only questions of law: cannot say contrary to
public policy or excessive cuz going into wisdom
o But can DILG in a Memo Circular say that they should review ordinances of
provinces? NO. Will amount to control cuz no law wc gives this power to DILG
- SEE SLIDE 15.
o Exec Supervision (again cannot say na ordinance contrary to general welfare)
Higher entity / LGU / DBM / DOJ can review ordinances, discipline
Province can integrate zoning ordinances of component cities and
municipalities
The higher resolves boundary disputes
Every time a municipal mayor goes on leave, must be approved by
governor
The next higher that fill up vacancy in case of sanggu
The higher can augment the basic services of the lower
o Control
Congress to determine structure, powers and qualifications of local
officials (these powers are only found in LGC unlike power of Pres,
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Senator etc whose powers are in Consti),
Who are elective and appointive officials? term rule
o Elective 3 term rule
o Appointive no 3 term rule
Can Congress require a governor to be a HS / college graduate?
Yes. Does not go against Consti cuz consti does not provide
qualifications of local officials
Share of local govt units share must be just
Consti natio taxes
LGC collections of BIR
For proceeds from utilization and development of national wealth or
resources, share of LGU should be equitable. Right now 40%.
Public land -> public or proprietary use
Public plaza cannot be converted into commercial center since it
is outside commerce of men
- Local officials being public officials must faithfully discharge their duties.
- Must local officials follow the orders of the Civil Service Commission? Yes
- LGUs can reorganize because they have control over their own structure
- LGUs have no power over programs funded by the national government even if it
involves delivery of the basic services of the LGU because this is outside the scope of
devolution
- SEE SLIDE 17 (Digest of around 30-40 cases pertaining to how these conflicts are
resolved between local governments on one hand and national government vs LGUs on
the other). Let me just highlight a few:
o Can the DBM appoint a budget officer without consulting the governor? No,
because under a special law, the appointee /the position of budget officer must
be a recommendee of the governor. Its like JBC in the case of the budget officer.
In short, you follow the law!
o DOJ can declare a tax ordinance invalid? Yes. But it cannot declare a tax
ordinance excessive or confiscatory cuz again that will go into wisdom
o Can LGUs regulate telecommunication towers? it depends. Franchising - they
cannot because this is not a devolved power. But over the structure? Yes.
o How about lotto outlets? Same as telecommunication towers. LGUs have no
authority to issue franchises for lotto outlets and they cannot deny the entry of
lotto outlets within their jurisdiction. Their authority is confined to the physical
structures
o Enforcement of the National Building Code. There are several instances wherein
national government or GOCCs won. There was dispute. Who has the power to
demolish fishpens along Laguna Lake? Is it Laguna Lake Development Authority
under an earlier charter? or is it the LGUs along the lakeshore because of the
1991 LGC? LLDA! Even if an earlier charter. You follow the earlier because it is a
special law. At the same time, this particular issue is a cross boundary issue.
Protecting the Laguna lake is not the responsibility of just one LGU; hence, you
need to create LLDA so that it will oversee the whole lake from Rizal to Laguna.
o Authority over casinos - once upon a time PAGCOR can set casinos anywhere in
the country with or without the consent of the LGUs cuz PAGCOR charter is an
earlier law, earlier than the LGC, but subsequently the charter of PAGCOR has
been amended. Now under a special law, under the amendatory franchise of
PAGCOR, it must secure favorable consent from the host LGU. Why? Because
there is a law!
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o CONCLUSION: Again, if there is no law and it is a cross boundary national
concern, you rule in favor of national or the GOCC, especially if they have
charters. If there is no law and its a local concern because of the issue of
subsidiarity / local dimension rule, LGUs have superior competence over local
concerns so rule in favor of local government.

LGUs do not have inherent powers. They have broad constitutional statutory powers.
Lgus do not have inherent powers. They have broad constitutional and statutory powers. Their
powers are interpreted in favor of local autonomy, fiscal autonomy, local over national, lower
over higher.
When there is doubt ONLY. When there is a law, you apply the law

2 approaches to interpretation when there is doubt:

1. Liberal in favor of LGUs
a. Devolution
b. Fiscal Autonomy
2. Strictly against LGU
Police power (Once upon a time, police power falls under Liberal but the SC said
in a recent case, it should be now strictly construed.)
Delegated to all LGUs; by Law and not by Constitution
Basis: General Welfare Clause Sec 16 of 1991 LGC (Delegation in
statutory form)
Why delegate? Because LGUs are agents of the State and agents of the
People.
General Welfare takes precedence over economic benefits.
There is a rule on overinclusiveness. If it is overinclusive, then that will be
declared void.
2 requisites that must concur for the exercise of police power otherwise
invalid exercise of police power:
i. lawful subject (purpose)
ii. lawful method (means)
In the St. Scholasticas case, the SC qualified these 2
requisites to set forth 2 additional requirements:
Rational Relationship - between the purpose and
means
Strict Scrutiny the need must be compelling not
just substantial

2 principles:
Precautionary Principle (Requisites):
i. uncertainty
ii. threat of environmental damage
iii. serious or irreversible harm
Preventive - without the 3 requisites for precautionary, you can
only prevent.

2 Branches of Sec 16
a. General Legislative
Examples: Abate nuisance and Business permit
What is in the law, follow the law.
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b. Police Power Proper
Example: Power to Impose Curfew
Theres no express mention under a law but if you want to
protect the general welfare absent any specific mandate
then you can do so under this branch
Note: SC still has to decide on the issue w/n Manila, QC
and Navotas can impose curfew ordinances.

What the LGU CANNOT do under Police Power (See Slide 22)
a. Prohibit establishment of PAGCOR casinos
b. Prohibit setting up of PCSO lotto outlets
c. Regulate Jai Alai frontons
d. Regulate professions regulated by PRC
But the LGU can regulate the business
e. Operate dumpsites in violation of environmental standards
f. Issue drivers license
This is not a devolved power; it remains with the LTO.
g. Register motor vehicles
h. Regulate or Tax jueteng
LGUs can only prohibit and they cannot collect taxes or
impose fees.

What the LGU CANNOT do under Police Power

Issue drivers licenses
It is not a devolved power, it remains with the LTO.
Regulate jueteng by collecting taxes, levying taxes, and collecting fees.
Because effectively they are allowing the illegal practice through regulation.
It cannot be done because the ordinance would be inconsistent with law.
(LGUs should prohibit jueteng)
Allow three cockpits
Under the Philippine Cockfighting law, you can only allow 1 cockpit
Declare a bus terminal a nuisance per se
How can that be illegal by itself?
You need to apply before the courts and have it declared (like a gas station) a
nuisance per accidens
Ban rallies
It will infringe upon the right of assembly and expression
Prohibit or order the closure of all massage parlors, beer houses, and hotels along a
particular road
Under police power, they CANNOT.
But they CAN, under eminent domain
(Be very careful, take note of how the question is phrased.)
Order a donation of a delineated road without just compensation? (recent case)
Deprive an owner of its properties without just compensation, and someone else will use
the property
No. It will be invalid exercise of police power.
There must be just compensation, in order for it to be an exercise of eminent
domain.

Subordinate Legislation - all ordinances must not be inconsistent with the Constitution, their
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charters, and statutes.

What the LGU CAN do under Police Power

Zoning
Declare a thing a nuisance per se
Provided that it is actually a nuisance per se
Order the stoppage of quarrying operations
Province has that mandate
Sanitary fees
Demolitions
As long as requirements are complied with
Control over the collection of garbage
Privatize parking

Which takes precedence, a contract or a zoning ordinance, impairment or police power?

- Police power is a recognized exception to the non-impairment clause.

Eminent Domain is essentially legislative.

- It also pertains to a consecutive power because while there must be an ordinance which
precedes the filing of the case, the executive act, the executive branch (the governor,
mayor, local barangay) must actually file the expropriation case.
- It is the taking of private property for a public purpose, upon the payment of just
compensation.

When is there a compensable taking?

- If someone else will also benefit for the taking, otherwise, no need to pay just
compensation.

Fr. Bernas refers to eminent domain of the LGUs only as inferior domain because the local
government must follow the requirements set forth under the local government code.

Public necessity must be genuine. In one particular case, there was a sports facility near the
proposed one near the adjacent barangay. The SC says that, No genuine public necessity.

And the enabling measure of eminent domain is an ordinance not just a resolution.
Ordinance in name and in substance.
Ratio: Because the Local Government Code is clear. It says ordinance. And
The ordinance MUST PRECEDE the filing of the expropriation case. Hence, it must
follow that sequence.
The reason for the expropriation must be found in the enabling ordinance.
Regardless of the amount, the RTC has jurisdiction over a petition for eminent domain.
There must be a valid and definite offer before the exercise of this power, not just a
meeting to discuss the project or the price. There must be a concrete offer.
It must comply with the Constitution and statutes, namely: (1) the Urban Development
Housing Act, wherein expropriation for purposes of socialized housing is not the first
recourse. It is the third or fourth. (Hindi sure si sir)

Can the local government units immediately enter the premises even if there is no final decision
yet by the RTC?
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For as long as a deposit has been made.
The petition for expropriation is sufficient in form and substance without the necessity of
calling for a hearing. It can be done ex parte.
A writ of possession can be issued by the judge even without calling for a hearing, for as
long as the judge determines that the petition is sufficient in form and substance.
Another requirement, which is only an implied requirement in the LGC, but now required
by the Constitution, would be prompt payment.

Are the ordinances for eminent domain reviewable by the next level of the LGUs?
Yes. BUT ONLY on questions of law
The higher LGU cannot say, municipality you should have chosen the property of x and
not the property of y or there is no need for socialized housing. This will amount to
control. That goes into the wisdom of the discretionary powers of the local government
unit.

Who has the power to say there is no genuine purpose or genuine necessity? Who has the say
that the choice of property is capricious and whimsical?
Not the higher LGU
Only the Courts

Expropriation over agricultural land need not be approved by the Department of Agrarian
Reform (DAR) because that is not a requirement under the Local Government Code.

This chart tells us how to distinguish between eminent domain, where private property becomes
public property.

Zoning
No change in the usage.
No actual change.

Reclassification
No actual change
Agri to non-agri
By cities and municipalities

Conversion
There is actual change.
Agri to non-agri
-With the DAR

Eminent Domain
All LGUs can expropriate.
But for zoning, cities and municipalities enact their zoning ordinances, the province only
integrates all the zoning ordinances by the component cities and municipalities.

Supreme Court said that local autonomy actually talk about 2 types of local autonomy,
administrative autonomy and fiscal autonomy. While the phrase fiscal autonomy is not found in
Art. X of the Constitution, according to the SC, it is an integral part of local autonomy. And Sec.
5 is another constitutional basis for fiscal autonomy, giving the LGUs the powers to source
revenues from other sources of revenues, other than taxes or fees.
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Fiscal autonomy talks about basically two things:

- Where you get your money and
- How you use your money

Like local autonomy, fiscal autonomy is not absolute. Who can impose limitations on fiscal
autonomy? Only Congress. National government cannot impose limitations when there is no
limitation imposed by law, otherwise, that will violate local autonomy and it will amount to
control.

Case in point, can the DBM impose a cap on the amount of allowances that LGUs can give to
judges when the law says it depends on the financial capacity of the LGU? Supreme Court said
NO because that will be imposing limitation when no limitation is imposed by law.

Can DBM direct LGUs not to use their own local funds? Obviously, they cannot do that because
that will amount to control.

No local autonomy without fiscal autonomy. How can a LGU perform its functions when it does
not have resources? How can there be fiscal autonomy if their discretion is stimid by higher
agencies?

Again, when in doubt, rule in favor of fiscal autonomy.

The last bullet is important, national government cannot impose limitation when there is no
limitation in any law because that will amount to control.

Now, the power to tax is a constitutional power. Eminent domain and police power are not
constitutional powers. Power to tax is constitutional and at the same time, statutory. Even if it is
a constitutional power, Congress can impose limitation on the power to tax of the LGUs.
However the power of Congress to impose limitation on this local power is likewise, not absolute
because the Constitution itself says that any limitation imposed must not be inconsistent with
local autonomy.

Congress must see to it that taxpayer will not be:

- overburdened by multiple impositions,
- each LGU will have its share,
- resources of national government will not be unduly disturbed
- local taxation will be fair, uniform, and unjust

Power to tax is different from the power to regulate. Tax is different from the power to impose
fees. And therefore, the amount will be dependent on what the power is. If the power is to tax,
then clearly the purpose is to raise revenues. If its police power, and therefore to impose
regulatory fees, then the amount of the fee must not exceed the cost of regulation. If it were to
exceed the cost of regulation, then that would be taxation.

Why distinguish between tax and fees? Because of the requirements and the review authority of
the DOJ. Under the LGC, the review authority DOJ only extends to taxes, not fees.

Why broaden the base of local government to impose tax? Because they need the money. And
as we know based on the specific provision of the LGC, and confirmed by the SC, the list of
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taxes that can be imposed by the LGUs is not exclusive, such as the socialized housing tax.
That is not found in any law, but Quezon City imposed such a tax. However, it cannot impose all
types of taxes, because if its already imposed by the BIR, then LGU cannot. If its imposed by
the province, then the city cannot.

Under the Constitution, all local taxes must, can only be used by the LGU collecting the tax.
While LGUs have a share from national taxes, national government does not have a share in
local taxes. (LGC)

Prior to 1991 LGC, a lot of GOCCs and GIs were exempt from paying local taxes, but there was
a blanket removal of all of these tax exemption under the 1991 LGC.

Matrix SC decisions regarding local taxes SEE SLIDE 36

- Meralco is liable because they got their exemption prior to the 1991 LGC.
- PLDT even if it has the most favored clause, is not a tax exemption. The tax exemption
must be categorical.
- Not all economic zones are exempted from tax. If it was created by the president, it is
subject to tax.
- Philippine Ports Authority and NAPOCOR, being GOCCs, they are liable to pay taxes.
- Lightrail Transit Authority (LTRA), because it is proprietary in nature, must pay local
taxes.

The rule for government properties, when it is leased out to private individuals, when the
beneficial use is transferred to private individuals, those properties can be taxed.
Ex. Lung Center who erected stalls and sold food and souveneirs. They are subject to tax.

Who are exempt?

- If your franchise was post-LGC, such as Digitel, then they will not pay taxes.
- Lung Center, itself, a charitable institution is exempt from paying taxes.
- Subic Ecozone because it was created by law is exempt.
- MIAA, Mactan Cebu International Airport, Philippine Fisheries Development Authority
and GSIS, being Gis, are exempt from paying taxes.
- PAGCOR is likewise exempt.
- Properties outside the commerce of men, like seaports and airports, are like wise
exempt from local taxes.

Whats the distinction between a GOCC and a GI?

- A GI is neither a stock nor a non-stock.

SEE SLIDE 37
Any exemption is non-transferrable. LGUs can levy below the cap. If you look at the list of
possible levies of LGUs, the LGC imposes limitations.
Review autonomy of the DOJ only applies to taxes, and you can bypass the DOJ, if you are
able to name any of the 19 exceptions. Hopefully, the court will believe you.

NOT DISCUSS SLIDE 38 Part of Tax II

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SEE SLIDE 39
The Internal Revenue Allotment is part of the regular income of LGUs, and therefore should
form part of the basis of conversion and creation of LGUs. A certain percentage for the IRA
depends if the president follows the requirements set forth under the LGC such as prior
consultation and there must be an unmanageable public sector debt.

Can congress withhold? The release of the IRA must be automatic. Therefore, Congress cannot
say that a certain portion will be placed in an unprogrammed fund, and will only be released if
the government will meet its fiscal targets. The answer is NO because that is a condition.

Can the DBM say no report, no release policy? No, because that would be an encumberance.

Can Congress impose a withholding? No, that would amount to a rider. It would be an
inappropriate provision.

How do you classify the sources of LGUs? Given to them by the a) Constitution or b) the
statute.

How do you classify the sources of funds of LGUS? classified into two:
1. given to them by the Constitution
a) share in national taxes
b) share in the proceeds of national wealth
c) fees and charges, local taxes and other sources
2. given to them by Statutory provision
a) power to enter into loans, grants, PPPs (public Private Partnerships) and
bonds

LGUs cannot contract foreign loans. Only the president can contract on their behalf, but LGUs
can contract foreign grants- subject to the limitation that it will not affect national security,
otherwise it needs certain approval.

Power to legislate
Power under the Constitution; implied from the power that LGUs must have sectoral
representatives in local legislative bodies and it is also a delegated power by the
constitution and by statute.
Subordinate legislation applying the same principle when you talk about rules: all rules
and ordinances must not be inconsistent with the statutes.
Denominated it must follow the procedures.
Derivative the ultimate source will be the *inaudible, sorry*

Two presumptions, both rebuttable not conclusive

1. all ordinances are presumed valid and constitutional, the substantive aspect of
ordinances; and
2. all ordinances are presumed to be enacted in accordance with the procedure- parole
evidence cannot be accepted to question the procedure

Jurisprudence: To overthrow this presumption, there just be clear and unequivocal breach of the
Constitution, not merely a doubtful or argumentative contradictions.When in doubt, always rule
in favour of the legality of the ordinance.
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Councilors outside the session cannot enact ordinances. They must conduct their business
within either a regular or a special session. Quorum is based on all those who have been
elected or qualified, whether youre present or absent.

The voting requirement as a general rule is the majority, however there are certain instances
where the local government code itself provides for either 2/3 or 3/4.

While the rule to amend ordinances should be done through a majority vote, in one particular
instance- an amendment of a zoning ordinance, the SC allowed a higher vote requirement. That
is allowed because of the principle of subsidiarity.

During the first day of session, aside from adopting the rules of procedure, other matters may be
adopted because there is no prohibition.

In another case, the Supreme Court said that the three readings can be conducted in one day,
because there is no prohibition.

LGUs, through their local legislative bodies, cannot cite persons in contempt. There must be a
law which gives them that power. What is their recourse? Similar to administrative agencies, if
they want to cite a person in contempt, they file a case before the courts.

Requirements:
Tax ordinances require notice and public hearings.
Regarding contracts, there must be
prior authorization, or
ratification post-signing of the contract.

There are two ways of ratifying

1. express ratification by the sanggunian or
2. implied ratification.

When is there implied ratification?

1. When there is no opposition or there is acquiesence on the part of the sanggunian and
2. the people already benefitted from the contract.

Exception: This requirement of prior authorization does not extend to filing of cases, except for
eminent domain, which requires an ordinance. But to file a case, the mayor can do so without
getting an approval from the sanggunian

SEE SLIDE 43

Ordinances v Resolutions

1. Ordinances are like laws, resolutions are temporary in nature, only expressions of
sentiment.
2. Ordinance are public or governmental, resolutions are private or proprietary.
3. All ordinances are subject to the review authority of the local chief executive, except the
barangay, and subject to review. However, when we talk about resolutions, only two
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types of resolutions are subject veto and review, namely:
local development plan and
public investment program.

SEE SLIDE 44

Why do we need to distinguish between an ordinance and a resolution?

1. One, to determine whether the measure is legal, because when the law says it should
be ordinance, it should be an ordinance, otherwise it would be unlawful.
2. And for veto and review. Because as we said, all ordinances are subject to veto and
review but only some ordinances are subject to veto and review.

When a local government unit approves the terms of a loan agreement, prior to 2015 there was
a Supreme Court case in 2013 which says it must be in an ordinance.

But in 2015, because of a technicality, the Supreme Court abandoned that rule because the
practice of LGUs would be just to approve or authorize the mayor through an ordinance to
approve that contract.

Now, there is no case which requires the approval of a loan through an ordinance.

SEE SLIDE 45

Local Legislation

When we talk about local legislation, there are

1. formal requirement and
2. substantive requirements.

And there are negative tests that the ordinance must not
contravene the Constitution,
be inconsistent with statutes,
discriminate unless it follows the equal protection clause (etc)
be unreasonable
be contrary to public policy
prohibit trade

SEE SLIDE 46

Operative Fact Rule

An ordinance absent any declaration of nullity by the higher LGU or by the courts remain
operative until declared otherwise. You follow the operative fact rule.
However, in one particular case, wherein the province gave a franchise for cable TV
operations, clearly from the very beginning, the province had no such authority, and
therefore we dont apply the operative fact rule.

SEE SLIDE 47

Veto
Veto is exercised by the mayor of that LGU.
 15

It is intra-LGU.
When you talk about review, it talks about two levels of LGUs, and therefore only
involves one question. It is a question of law.
When you talk about veto by the governor or mayor, it can be:
a question of law (is it ultra vires or not?) or
is it contrary to the general welfare, and therefore that will be vetoed by the
governor or mayor.

SEE SLIDE 48

When you talk about accountabilities, you talk about two types of accountabilities:
the accountability of the LGU as a corporate entity and
by the officials themselves.

Can the mayor be, at the same time, the head of a GOCC? No because the mayor assumes
that position not in an ex-officio capacity.

Midnight appointments, while not applicable for LGUs under the Constitution, the CSC can
impose limitations on this power.

Who has the power to discipline is different from who has the power to investigate.

The DILG cannot discipline on its own because it can only investigate
The Executive Secretary cannot discipline on its own but can only do so on the authority of the
president
However, the DILG can investigate

3rd Rule : when a municipality is converted to a city, the mayor or the governor does not get a
fresh 9 years
In order for the term rule to apply
1. elected to that position (if you succeeded to that position, the term rule does not
apply)
2. you must have fully served the term, there must be no actual break, it must be
immediate re-election regular elections involuntary and
3. it must involve the same territory or inhabitants

so when the mayor dies and the vice mayor becomes the mayor that will not be considered a
term both as mayor or vice-mayor why?
1. not as mayor because that vice-mayor was not elected as mayor and
2. that vice-mayor will not complete the full term as vice-mayor because he or she
became the mayor at some point

Full term even if:

take a vacation
LGU conversion
or suspended
or under preventive suspension
or resigned

Not full term if:

 16

succession (because you were not elected to that position)
you won the recall election (because there was a break) or
you won an election protest (because there was a break)

There are various laws violation of which could render a local official liable, and these are the
laws:

1. 1991 Local Government Code

2. Anti-Graft and Corrupt Practices Act
3. Revised Penal Code and other Penal Laws
4. Omnibus Election Code
5. Other Special Laws

And you'll have a lot of case pertaining to local officials:

Illegal dismissal (LGUs liable if the sanggunian participated and if there's no bad faith on
the part of the mayor because if there was bad faith on the part of the mayor then only
the mayor is liable

can the mayor continue to pay the salary of a dismissed employee

no that is unwarranted

Can the mayor not pay the salary of an appointment made by the previous mayor and confirmed
by the CSC?
No. Because mayor must faithfully discharge the office

Must the mayor own a cockpit? by saying that it is the sanggunian who issues the franchise?
No. because, you don't have to have a pecuniary interest to be conflicted (have
conflict of interest See: Teves)

Fencing is a crime involving moral turpitude.

If you're placed under preventive suspension you cannot perform your functions because you
must follow lawful orders.

Respondents to an admin case enjoy the same rights of an accused because LGUs are admin
agencies the iota, the quantum of proof is also substantial evidence.

You must likewise exhaust administrative remedies unless you're able to justify non-exhaustion.

There are two types of suspension

suspension as a penalty
Removal by Courts only (exception)
Joinder of issues not required
Each administrative offense, 6 months
preventive suspension
administrative in nature
GR: to be placed under preventive suspension there must be joinder of
issues (there must have been an answer)
Exceptions : (1) despite repeated attempts no answer (2) if the case is
filed under the Ombudsman because joinder of issues is not a
 17

requirement before the Ombudsman can place an official under
preventive suspension

Personal Liability again whether elective or appointive, typically you file an admin case or you
file a case before the courts or you file the case before the ombudsman.

Corporate liability When you sue the local government unit itself?
either you claim for damages (under the civil code if there's death of injury to persons or
property)
or you want to question ordinances, issuances or resolutions of the local government
units

It becomes a corporate liability when

it is an official act of the LGU,
when the council participates
when the higher council approves, or
it's a mandate under the law

Here you have a set of what are the remedies for a personal case, for a corporate case

Personal
1. Criminal case
2. Civil case
3. Administrative case
4. Recall

Corporate
1. Constitutionality
2. Mandamus
3. Injunction
4. Declaratory Relief
5. Judicial review
6. Review by Higher LGU/ NGA

There are several ways in which ordinary people like us participate in local governance
A. Recall
through a popular petition signed by the voters;
There is only ONE ground, loss of confidence.
You can only conduct a recall election on the SECOND term because you cannot
call a recall election during the first and the last year of the three year term.
However during the first year the petition can be filed because what is prohibited
is the recall election, not the preparatory activities.

B. Prior Mandatory Consultation

1. Mandatory consultation, insofar as the sectors are concerned, that will be affected by a
project that will harm the environment, and
2. Mandatory approval on the part of the sanggunian.

The sectors need not approve because the requirement is only for consultation. But the
 18

sanggunian must approve the project. And not all national projects require mandatory
consultation and mandatory approval. It must harm the environment or only any of the
enumerated activities under Section 27. Hence for National Power Commissions transmission
lines and dumpsite of MMDA, because it falls under the enumeration and it harms the
environment, then you need to secure prior approval from the council and conduct mandatory
consultation. If it were a mooring facility and PCSO outlet, since they do not fall under the
enumerated activities under Section 27, then no need to comply with those requirements.

C. Initiative and referendum

Whether you can repeal, enact, modify an ordinance or a resolution. You can only conduct a
plebiscite to approve a proposal once a year. And in that single plebiscite you can several
propositions. And in that particular case, and ordinance or resolution approved by the people
cannot be vetoed by the mayor.

D. Local Special Bodies

Local special bodies; why are they referred to as special bodies? Because they do not fall under
the organizational chart, they are basically recommendatory.
They are also members of the civil society or non-governmental organizations and peoples
organizations are voting members for as long as their organizations are accredited by the local
government unit.

What are the special bodies? (p. 60)

You have one for development, purely recommendatory.
Bids and awards, under the LGC yes. But under the Government Procurative (?) Act
they are no longer represented but they are observers.
Local school board, purely recommendatory on school matters, however, the local
school board can also rule on disbursement from the real idle land tax.
Health board, purely recommendatory.
Peace and order, purely recommendatory.
Peoples Law Enforcement Board (PLEB), NGOs can vote to dismiss or suspend an
erring police officer.

Therefore, it depends on the local special body if it is purely recommendatory or the local
special body represented by civil society organizations can vote for certain decisions or policies.