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i. on TERRITORY: a contiguous
territory of at least 100 sq.km.
(5) To enter into contracts; and (d) LGUs shall enjoy full autonomy in their
Chief Executives may enter into contracts on proprietary functions and in the management of
behalf of LGU after authorization from their economic enterprises, subject to the
Sanggunian limitations here and other applicable laws
HOW: i. by vote upon a motion
ii. by resolution enacted like as Statutes Granting Corporate Powers to LGUs
ordinance without the need for a 3rd reading HOW CONSTRUED: Liberal, in favor of power grant
Contract rules be likewise applied to LGUs (Sec 5, RA 7160)
HOW EXERCISED:
QUISUMBING vs GARCIA (2008)
The requirement of prior authorization of the
Reasonable, lawful and constitutional manner
Sanggunian was deliberately added as a measure Legislature to direct
of check and balance, to temper the authority i. In what way,
of the local chief executive, and in recognition of ii. Through what board of
the fact that the corporate powers of the LGU are municipal officers/ agents, or
wielded as much by its chief exec as by its council. iii. By what municipal officers the
Impt to determine the character of contracts, i.e., powers given shall be
whether they were mere disbursements pursuant exercised
to the ordinances supposedly passed by the PURPOSE: public use or purpose
sanggunian or new contracts which obligate the
province without the provincial board's
authority.
MUNICIPAL CORPORATIONS
An appropriation is an authorization made by DEF: agencies of the State for the promotion and
OSMENA vs COA (2011) maintenance of local self-government and as such are
ordinance covering the expenditures which are to
Despite initial refusal, Sanggunian was eventually endowed with police powers in order to effectively
be made by the LGU such as current operating
compelled to enact the appropriation ordinance accomplish and carry out the declared objects of their
expenditures and capital outlays.
to satisfy the RTC judgments. Belated as it may be,
creation.
the enactment of the appropriation ordinance,
nonetheless, constitutes as sufficient compliance
AUTHORITY: emanates from General Welfare Clause
with law reqts. It serves as a confirmatory act
signifying the Sanggunians ratification of all extra LIABILITY FOR DAMAGES:
work orders issued by Osmea
"no showing that Osmena was ill-motivated, or SECTION 22. Corporate Powers.
that he had personally sought to/ profited profit (a) Every local government unit, as a corporation,
from the transactions Extra work orders were shall have the following powers:
issued for the successful hosting of the Palaro, not (2) To sue and be sued;
for any other "nefarious endeavour.
SECTION 24. Liability for Damages. - Local Nevertheless, they are subject to suit even in the
government units and their officials are not exempt performance of such functions because their
from liability for death or injury to persons or charter provided that they can sue and be sued.
damage to property.
GEN RULE ON SUABILITY: not liable for torts
NCC Art. 34. When a member of a city or municipal committed by them in the discharge of governmental
police force refuses or fails to render aid or protection functions and can be held answerable only if it can be
to any person in case of danger to life or property, such shown that they were acting in a proprietary
peace officer shall be primarily liable for damages, and capacity.
the city or municipality shall be subsidiarily
responsible therefor. The civil action herein EXCEPTION: municipal corporations are suable
recognized shall be independent of any criminal because their charters grant them the competence to
proceedings, and a preponderance of evidence shall sue and be sued;
suffice to support such action. They are not exempt for the negligent
performance of its corporate or proprietary or
NCC Art. 2176. Whoever by act or omission causes business functions
damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or RE Personal Liability of LGUs officer:
negligence, if there is no pre-existing contractual Mayor alone be held liable and responsible for
relation between the parties, is called a quasi-delict the miserable plight of the petitioner. His refusal,
and is governed by the provisions of this Chapter. neglect or omission in complying with the
directives Prov Budget Officer is reckless and
Art. 2180. The obligation imposed by Article 2176 is oppressive, hence, by way of example or
demandable not only for one's own acts or omissions, correction for the public good. He is liable
but also for those of persons for whom one is personally to the petitioner for exemplary or
responsible. corrective damages.
The State is responsible in like manner when it acts DUAL CAPACITY & Functions of Municipal Corps:
through a special agent; but not when the damage has the right springing officers are public
been caused by the official to whom the task done from sovereignty, acts functionaries
properly pertains, in which case what is provided in are political and performing a public
Article 2176 shall be applicable. governmental service
a private, proprietary Officers in corporate/
Art. 2189. Provinces, cities and municipalities shall be or corporate right, individual capacity
liable for damages for the death of, or injuries suffered arising from their
by, any person by reason of the defective condition existence as legal
of roads, streets, bridges, public buildings, and other persons and not as
public works under their control or supervision. (n) public agencies.
ii. those necessarily implied there from, LGUs are vested the power, inter alia, to enact
iii. as well as powers necessary, appropriate, or ordinances to enhance the right of the people to a
incidental for its efficient and effective balanced ecology.
governance,
iv. and those which are essential to the POLICE POWER:
promotion of the general welfare. DEF: the power of promoting the public welfare by
restraining and regulating the use of liberty and
Within respective territorial jurisdictions LGUs shall: property
i. ensure and support, among other things, the Power to prescribe regulations to promote the
preservation and enrichment of culture, health, morals, peace, education, good order or
ii. promote health and safety, safety and general welfare of the people.
iii. enhance the right of the people to a balanced It is the most essential, insistent, and illimitable
ecology, of powers
iv. encourage and support the development of
appropriate and self-reliant scientific and PURPOSE:
technological capabilities, Securing the general welfare, comfort and
v. improve public morals, convenience of the people.
vi. enhance economic prosperity and social RE Police Power on Municipal Cooperation:
justice, Police power is inherent in the state but not in
vii. promote full employment among their municipal corporations
residents, Before a municipal corporation may exercise
viii. maintain peace and order, and such power, there must be a valid delegation of
ix. preserve the comfort and convenience of such power by the legislature which is the
their inhabitants. repository of the inherent powers of the State.
4) Obstructs or interferes with the free passage DEF: Power to take private property for public use
of any public hi-way or street, or water by the State
5) Hinders or impairs use of property NATURE: Legislative power
WHO MAY EXERCISE: may be validly delegated to
KINDS: LGUs, other public entities and public utilities
A. NUISANCE PER SE a nuisance at all times REQUIREMENTS:
and under any circumstances, regardless of 1. BY WHOM: Enactment of an ordinance by
location or surroundings the local legislative council authorizing the
local chief executive to exercise such power
May be abated without judicial proceedings ORDINANCE law with general and permanent
ONLY to nuisance per se, affecting a character; 3rd reading required
community or neighborhood although the RESOLUTION mere declaration of sentiment or
extent of annoyance, danger or damage upon opinion of lawmaking body on a specific matter;
individuals be unequal, affecting immediate temporary
safety No rights can be conferred by and be inferred from a
Determination within municipal power is resolution, which is nothing but an embodiment of
conclusive on the court what the lawmaking body has to say in the light of
attendant circumstances; up to 2nd reading only
B. NUISANCE PER ACCIDENS becomes a
nuisance by reason of the locality, 2. PURPOSE: for public use, purpose or welfare
surroundings, or the manner in which it is PUBLIC USE public advantage or benefit,
conducted, managed, etc contributing to the general welfare and
May only be abated and proven in a judicial prosperity of the whole community
hearing
Municipal determination of existence is pnly 3. Payment of just compensation
persuasive and not conclusive on the courts
JUST COMPENSATION fair market value to be paid
at the time of taking of property determined by the
BASIC SERVICES AND FACILITIES court or sum which a person, desirous but not
compelled to buy and an owner, willing but not
SECTION 17: Basic Services and Facilities compelled to sell, would agree on as a price
core of devolution of central government powers to HOW DETERMINED:
LGUs Ascertain market value/ basic value at
the time of taking
Exception to Provisions: Add consequential damage
Public works and infrastructure projects and other Deduct consequential benefits
facilities, programs, services Add legal interest if taking occurred
1. Funded by the national govt under GAA, other before compensation
special laws or Eos Required to:
2. Funded partially or wholly from foreign Pay correct amount AND
sources Pay at a reasonable time from taking
Here, LGUs are only implementing agencies
Next higher LGU or natl govt may augment basic 4. Valid and definite offer to the owner and offer
services if: was not accepted
o Not available or
o If available, inadequate to meet the TAKING
requirements of its inhabitants DEF: owner deprived or dispossessed of ordinary and
beneficial use of his property or of its value thru
practical destruction or material impairment of
EMINENT DOMAIN propertys value
RTC has proper jurisdiction Sec. 10. Modes of Land Acquisition. The modes of acquiring
Expropriation proceedings are to be resorted lands for purposes of this Act shall include, among others,
only after other acquisition modes have been community mortgage, land swapping, land assembly or
consolidation, land banking, donation to the Government, joint-
exhausted venture agreement, negotiated purchase, and expropriation:
Principle of res judicata cannot bar the right of Provided, however,
the State or its agent to expropriate private That expropriation shall be resorted to only when other
property models of acquisition have been exhausted:
Provided, further, That where expropriation is resorted to,
Being an inherent power, its right to be exercised parcels of land owned by small property owners shall be
is absolute and unfettered exempted for purposes of this Act: Provided, finally, That
Government may immediately take possession abandoned property, as herein defined, shall be reverted and
upon: escheated to the State in a proceeding analogous to the
procedure laid down in Rule 91 of the Rules of Court.
Filing of expropriation proceedings AND
Upon deposit with proper court at least For the purpose of socialized housing, government-owned and
15% of the FMV based on propertys foreclosed properties shall be acquired by the local government
current tax declaration units, or by the National Housing Authority primary through
negotiated purchase: Provided, That qualified beneficiaries who
Re 15% DEPOSIT:
are actual occupants of the land shall be given the right of first
Deposit constitutes advance payment refusal.
only in the event the expropriation prospers.
Dual purpose: RECLASSIFICATION OF LANDS
i. as pre-payment if the expropriation succeeds
and SECTION 20. Reclassification of Lands
ii. as indemnity for damages if it is dismissed. WHAT: reclassification of agricultural lands to other
purpose
This advance payment, a prerequisite WHO MAY RECLASSIFY:
for the issuance of a writ of possession, should not be City or Municipality
confused with payment of just compensation for the
taking of property even if it could be a factor in HOW: Through an ordinance passed by the
eventually determining just compensation. If the Sanggunian after public hearings
proceedings fail, the money could be used to
WHEN:
indemnify the owner for damages. (Cisayan Refining
1) when the land ceases to be As determined
Co. vs Camus, 1919)
economically feasible and by DAR
sound for agricultural
purposes
RA 7279: Urban Devt and Housing Act of 1992
(2) where the land shall have as determined
Sec. 9. Priorities in the Acquisition of Land. Lands for substantially greater by the
socialized housing shall be acquired in the following order: economic value for Sanggunian
a) Those owned by the Government or any of its residential, commercial, or concerned
subdivisions, instrumentalities, or agencies, including
government-owned or -controlled corporations and
industrial purposes
their subsidiaries; LIMITATION:
b) Alienable lands of the public domain;
Reclassification limited to __ % of total agricultural respect to component cities and municipalities, and cities
land area at the time of ordinance passage: and municipalities with respect to component barangays,
shall ensure that the acts of their component units are
15% Highly urbanized and independent within the scope of their prescribed powers and functions.
component city
Section 25. National Supervision over Local
10% Component cities and 1st to 3rd class
Government Units. -
municipalities
(a) Consistent with the basic policy on local
5% 4th to 6th class municipalities (Provided
autonomy, the President shall exercise
agri lands in CAR will not be affected)
general supervision over local government
units to ensure that their acts are within the
President to authorize city or municipality
scope of their prescribed powers and
WHEN: public interest so requires AND upon NEDA
functions.
recommendation The President shall exercise supervisory
WHAT: in excess of the limits set in the preceeding
authority directly over provinces, highly
paragraph
urbanized cities, and independent component
cities; through the province with respect to
LGUs are required to continue to prepare component cities and municipalities; and
comprehensive land use plans, enacted through through the city and municipality with
zoning ordinances which shall be the primary and respect to barangays.
dominant bases for the future use of land
resources (b) National agencies and offices with project
National agency approval shall not be implementation functions shall coordinate
unreasonably withheld with one another and with the local
Failure to act after 3 months from receipt of government units concerned in the discharge
application is deemed as APPROVAL of these functions. They shall ensure the
participation of local government units both
AGRICULTURAL LAND those devoted to in the planning and implementation of said
agricultural activity and not classified as mineral or national projects.
forest by DENR, and not classified in town plans and
zoning ordinances as approved by the Housing and CONTRO;L power of an official to alter, modify or
Land Use Regulatory Board nullify or set aside what a subordinate officer had
done in the performance of his duties and substitute
LAND USE manner of utilization of land ie the judgment of the former for that of the latter
allocation, development and management
SUPERVISION power of an officer to see that
LAND USE CONVERSION act or process of changing subordinate officers perform their duties
the current use of an agri land into some other use as It means overseeing or the power/ authority of
approved by DAR an officer to see that subordinate officers perform
their duties. If latter fails, former may take action
LOCAL LEGISLATION to make them perform their duties.
because the law lodged the power elsewhere ie local govts from legislative regulation
Herbon vs Reyes, 19) provided regulation is consistent with the
It cannot be inferred that the power of the fundamental promise of autonomy.
supervision of the President over LGU officials Since LGUs remain accountable to the national
does not include the power of investigation when authority, the latter may, by law, and in any
in his opinion the good of the public service so manner set forth, impose disciplinary action
requires (Ganzon vs CA, 1991) against local officials.
Supervision and investigation are not
inconsistent terms; investigation does not Re SCOPE of SUPERVISION:
signify control (supra) Supervision is not incompatible with disciplinary
authority and that determination of the
Hebron vs Reyes (1958) constitutionality or legality of an ordinance is an
GEN RULE: President has no inherent power to remove act of supervision, NOT control
or suspend local elective officials,
and can only do so Drilon vs Lim (1994)
EXCEPTIONS: Sec 187 of LGC authorizes the Sec of Justice to review
i. when the power is expressly given or only the constitutionality or legality of the tax ordinance
ii. arises by necessary implication under the and, if warranted, revoke it on either or both of these
Consti or statutes. grounds. When he alters, modifies, sets aside a tax
Laws governing the suspension and removal of publc ordinance, he is not permitted to substitute his own
officers, esp those chosen by direct votes, must be judgment for the judgment of the LGU that enacted the
strictly construed in their favor and when the procedure measure. He did not pronounce the prdinance unwise or
for the suspension of officer is specified by law, such unreasonable as a basis for annulment. All he did was
must be mandatory absent express or clear provision to determine if petitioners were performing their
the contrary. functions in accordance with law.
Executive department in the exercise of general All he is permitted is to ascertain the constitutionality or
supervision over locgov, may conduct investigations legality of the tax measure, without the right to declare
only to ascertain whether the provincial governor and that, in his opinion, it is unjust, excessive, oppressive or
board should take such action. confiscatory.
Department of the Interior and Local Government Act As deputy of the NPC, authority of the Mayor is very
of 1990", and the rules and regulations issued limited. In reality, he has no power of appointment; he
pursuant thereto. has only limited power of selecting one from among the
list of 5 eligbles . The power to appoint is actually vested
in the Regional Director.
PNP and Natl Police Commission are realigned
under DILG to bolster a system of coordination
and cooperation among citizenry, local executives Much less may the mayor require the RD to
and integrated law enforcement agencies include the name of any officer, no matter how
Police force is not part of the AFP qualified, in the list to be submitted to the mayor
Police force is a civilian agency of the government PURPOSE of LIMITATION: to enhance police
under the power of executive control professionalism and to isolate the police service
from political domination
Re Powers of the Mayor:
Governors and mayors, upon having been elected
INTER-LOCAL FOVERNMENT RELATIONS
and living qualified as such, are automatically
deputized as representatives of the National
Section 29. Provincial Relations with Component
Police Commission in their respective
Cities and Municipalities. - The province, through
jurisdiction.
the governor, shall ensure that every component city
As representative of the NPC,
and municipality within its territorial jurisdiction
"The term 'operational supervision and acts within the scope of its prescribed powers and
control' shall mean the power to direct,
functions. Highly urbanized cities and independent
superintend, and oversee the day-to-day component cities shall be independent of the
functions of police investigation of crime, crime
province.
prevention activities, and traffic control
Include the power to direct the employment (the
Governors merely have supervisory power and
utilization of units or elements of the PNP for cannot substitute the judgment of component
purposes of protection of lives and properties,
cities and municipalities with their own
enforcement of laws, maintenance of peace and
As creatures of the State, LGUs are generally
order, prevention of crimes, arrest) and
subject to the control of the State
deployment (the orderly and organized physical
movement of elements or units of the PNP within
Re State Legislation
the LGU) of units or elements of the PNP, through
Corresponding presumption that state legislation
the station commander, to ensure public safety
creating a state agency preempts locgov control
and effective maintenance of peace and order
within the locality. In the absence of contrary statutory language,
state legislature intended the state agency to be
Re Mayors Power to Recommend: absolutely immune from local restrictions merely
because the state agency is an arm of the state
Authority to choose the chief of police from a list
hence occupies a superior position within the
of 5 eligibles recommended by the Police
govtal hierarchy
Regional Director, preferably from the same
province, city or municipality
RELATIONS WITH PEOPLES AND NON-
City police is under the direct command and
GOVERNMENTAL ORGANIZATIONS
control of the PNP Regional Director
It is the prerogative of the Regional police
Section 34. Role of People's and Non-governmental
Director to name the 5 eligibles screened by Organizations. - LGUs shall promote the
Senior Officers Promition and Selection Board,
establishment and operation of people's and NGOs to
PNP become active partners in the pursuit of local
In case of disagreement bet RPD and the Mayor, autonomy.
elevate to Regional Director, NPC who shall
resolve issue within 5 working days upon receipt Section 35. Linkages with People's and Non-
governmental Organizations. - LGUs may enter into
Andaya vs RTC, Cebu City Br. 20 (1999) joint ventures and such other cooperative
LPBAC now Bids and Awards Committee (BAC) II. LOCAL GOVERNMENT UNITS
under the Govt Procurement Reform Act (GPRA)
THE BARANGAY (Sec 384-493)
Representatives of the Commission on Audit shall
observe the proceedings of such committee and shall Section 389. Chief Executive: Powers, Duties, and
certify that the rules have been complied with. Functions. -
(a) The punong barangay, as the chief executive of the
VENUE: Provincial capitol or the city/ municipal hall. barangay government
(b) For efficient, effective and economical governance, the
MODE OF CONTACTING make contract the purpose of which is the general welfare of the barangay
same way as other corp/ partnerships or and its inhabitants
individuals POWERS:
Presumption of validity (1) Enforce all laws and ordinances which are applicable
within the barangay;
If legislature set out methods of making
municipal contract, it is mandatory and
jurisdictional to follow such method prescribed
to afford the parties during the six-month time Re Object of the Katarungang Pambarangay:
line, a simple, speedy and less expensive Object is the the amicable settlement of
enforcement of their settlement before the disputes through conciliation proceedings
Lupon. voluntarily and freely entered into by the
parties.
WHEN to EXECUTE: Through this mechanism, the parties are
Katarungang Pambarangay Implementing Rules encouraged to settle their disputes without
and Regulations, Rule VII, Section 2 provides: enduring the rigors of court litigation
SECTION 2. Modes of Execution. - The Nonetheless, the disputing parties are not
amicable settlement or arbitration award compelled to settle their controversy during the
may be enforced by execution by the Lupon barangay proceedings before the Lupon or the
within six [6] months from date of the Pangkat, as they are free to instead find recourse
settlement or date of receipt of the award or in the courts16 in the event that no true
from the date the obligation stipulated in the compromise is reached.
settlement or adjudged in the arbitration
award becomes due and demandable. KEY in ACHIEVING OBJECTIVE:
The key in achieving the objectives of an effective
Re ARBITRATION AWARD: amicable settlement under the Katarungang
Section 411. Form of settlement. Pambarangay Law is the free and voluntary
REQUIREMENTS agreement of the parties to submit the dispute
All amicable settlements shall be for adjudication either by the Lupon or the
in writing, Pangkat, whose award or decision shall be
in a language or dialect known to the parties, binding upon them with the force and effect of a
signed by them, and final judgment of a court.
attested to by the lupon chairman/ pangkat Absent this voluntary submission, there cannot
chairman be a binding settlement arrived at effectively
resolving the case
Section 413. Arbitration. -
The only necessary pre-condition before any case
The parties may, at any stage of the proceedings, falling within the Lupon/Pangkat may be filed
agree in writing that they shall abide by the before a court is that there has been personal
arbitration award of the lupon chairman or the confrontation between the parties but despite
pangkat. earnest efforts to conciliate, there was a failure
Such agreement to arbitrate may be repudiated to amicably settle the dispute.
within five (5) days from the date thereof for the
same grounds and in accordance with the Section 412. Conciliation.
procedure hereinafter prescribed. (a) Pre-condition to Filing of Complaint in Court. - No
The arbitration award shall be made after the complaint, petition, action, or proceeding involving any
lapse of the period for repudiation and within ten matter within the authority of the lupon shall be filed or
(10) days thereafter. instituted directly in court or any other government office
FORM: for adjudication, unless there has been a confrontation
The arbitration award shall be in writing in a between the parties before the lupon chairman or the
language or dialect known to the parties. pangkat, and that no conciliation or settlement has
been reached as certified by the lupon/pangkat secretary
as attested to by the lupon/pangkat chairman or unless the
Section 415. Appearance of Parties in Person. settlement has been repudiated by the parties thereto.
In all KP proceedings, the parties must appear in
person without the assistance of counsel or (b) Where Parties May Go Directly to Court. - The parties
representative, except for minors and may go directly to court in the following instances:
incompetents who may be assisted by their next- (1) Where the accused is under detention;
of-kin who are not lawyers. (2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
In Pang-et vs Manacnes-Dao-as (2007) proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and The repudiation of the settlement shall be
support pendente lite; and sufficient basis for the issuance of a certification
(4) Where the action may otherwise be barred by the to file a complaint
statute of limitations.
(c) Conciliation among members of indigenous cultural
communities. - The customs and traditions of indigenous
PROCEDURE OF EXECUTION:
cultural communities shall be applied in settling disputes (1) Disputants may file a motion with the Punong
between members of the cultural communities. Barangay for the execution
(2) On the day of filing of execution, Punong
Re CONCILIATION: Compulsory in Nature Barangay to set hearing date not later than 5
The barangay justice system was established days from filing
primarily as a means of easing up the (3) Within 5 days from hearing, P.B to determine
congestion of cases in the judicial courts. WON voluntary compliance can be secured
This could be accomplished through a proceeding If no voluntary compliance upon lapse of 5
before the barangay courts which is essentially days, he shall issue notice of executionin the
arbitration in character; and to make it truly name of Lupon Tagapamayapa
effective, it should also be compulsory Determine method of execution (pg 409)
all citizens of the Philippines actually residing Re AGE of KATIPUNAN MEMBER vs AGE of Elective
in the barangay for at least 6 months, who are SK OFFICIAL:
fifteen (15) but not more than twenty-one (21) Garvida vs Sales, Jr. (1997)
years of age duly registered in the list of the a distinction between the maximum age of a
sangguniang kabataan or in the official barangay list member in the Katipunan ng Kabataan and the
in the custody of the barangay secretary. maximum age of an elective SK official. Section 424
SK elective official must be exactly 21 on election of the Code sets a member's maximum age at 21
day years only. There is no further provision as to when
PURPOSE OF KATIPUNAN: the member shall have turned 21 years of age. On
sought to provide its members a medium to the other hand, Section 428 provides that the
express their views and opinions and participate maximum age of an elective SK official is 21 years
in issues of transcendental importance old "on the day of his election."
The addition of the phrase "on the day of his
Section 425. Meetings of the Katipunan ng election" is an additional qualification. The
Kabataan. member may be more than 21 years of age on
WHEN: at least once every three (3) months, or at the election day or on the day he registers as
call of the chairman or upon written petition of at member of the Katipunan ng Kabataan. The
least 1/20 of its members elective official, however, must not be more
PURPOSE: to decide on important issues affecting than 21 years old on the day of election
the youth of the barangay.
Section 426. Powers and Functions of the Re AGE QUALIFICATION of ELECTIVESK OFFICIAL:
Sangguniang Kabataan GEN RULE: an elective official of the SK must not
(a) Promulgate resolutions necessary to carry out be more than 21 years of age on the day of his
the objectives of the youth in the barangay election.
(b) Initiate programs designed to enhance the social, EXCEPTION: when the official reaches the age of
political, economic, cultural, intellectual, moral, 21 years during his incumbency. Sec 423 [b] allows
spiritual, and physical development of the him to serve the remaining portion of the term for
members; which he was elected.
(c) Hold fund-raising activities, the proceeds of According to Senator Pimentel, the youth leader
which shall be tax-exempt and shall accrue to the must have "been elected prior to his 21st
general fund of the sangguniang kabataan birthday.
(d) Create such bodies or committees as it may deem Conversely, the SK official must not have turned
necessary to effectively carry out its programs 21 years old before his election.
and activities; Sec 423 [b] together with Sec 428 of the Code: the
latest date at which an SK elective official turns
Section 427. Meetings of the Sangguniang 21 years old is on the day of his election
Kabataan The maximum age of a youth official must
therefore be exactly 21 years on election day.
Section 428. Qualifications.
Filipino citizen, Section 429. Term of Office.
a qualified voter of the katipunan ng 3 years
kabataan, HOW REMOVED:
a resident of the barangay for at least 1 year o for cause as provided by law,
immediately prior to election, o permanently incapacitated,
at least 15 years but not more than 21 o die or
years of age on the day of his election, o resign from office.
able to read and write Filipino, English, or the
local dialect, Section 430. Sangguniang Kabataan Chairman.
and must not have been convicted of any chairman shall automatically serve as an ex
crime involving moral turpitude. officio member of the SB upon his assumption to
office.
As such, he shall exercise the same powers, Where 2 or more members obtained the same
discharge the same duties and functions, and next highest votes, the other SK members shall
enjoy the same privileges as the regular conduct an election to choose the successor
sangguniang barangay members, After the vacancy shall have been filled, the SK
and shall be the chairman of the committee on chairman shall call a special election to complete
youth and sports development in the said the membership of said sanggunian.
sanggunian.
Section 436. Pederasyon ng mga Kabataan. -
SK chairmans status as an ex-officio sangguniang (a) There shall be an organization of all the
barangay member does not make him an elective pederasyon ng mga sangguniang kabataan to be
barangay official known as follows:
in municipalities pambayang pederasyon
WHY? Because law specifically provides who are ng mga sangguniang
its elective members kabataan (PSK)
in cities panlungsod na PSK
Section 435. Succession and Filling of Vacancies. - in provinces panlalawigang PSK
WHEN: (a) In case a sangguniang kabataan chairman: in special metropolitan Pangmetropolitan PSK
1. refuses to assume office, political subdivisions
2. fails to qualify, on the national level Pambansang PSK
3. is convicted of a felony,
4. voluntarily resigns, Section 437. Constitution and By-Laws.
5. dies, The term of office, manner of election, removal
6. is permanently incapacitated, and suspension of the officers of the PSK at all
7. is removed from office, levels shall be governed by the constitution and
8. or has been absent without leave for more by-laws of the pederasyon in conformity with the
than three (3) consecutive months, provisions of this Code and national policies on
9. is suspended youth.
Eligibility means being legally qualified
Ineligibility is not one of the grounds for SK CHAPTER X: Linggo ng Kabataan
chairman succession Section 439. Observance of Linggo ng Kabataan. -
Re ELIGIBILITY: (a) Every LGU shall conduct an annual activity to be
The requirement that a candidate possess the age known as the Linggo ng Kabataan on such date as
qualification is founded on public policy and if he shall be determined by the Office of the President.
lacks the age on the day of the election, he can be
declared ineligible. FUNCTIONS OF NATIONAL YOUTH COMMISION
In the same vein, if the candidate is over the (RA 8044)
maximum age limit on the day of the election, he 1. To establish a consultative mechanism which
is ineligible. shall provide a forum for continuing dialogue
The fact that the candidate was elected will not between the govt and youth sector on
make the age requirement directory, nor will it policies, programs and projects for the youth
validate his election. The will of the people as 2. To provide training and a national secretariat
expressed through the ballot cannot cure the for the SK Natl Federation
vice of ineligibility (Garvida vs Sales, Jr.)
THE MUNICIPALITY
WHO SHALL TAKE OVER:
SK member who obtained the next highest votes Role and Creation of the Municipality
in the election Section 440. Role of the Municipality.
In case the said member refuses to assume the COMPOSITION: consisting of a group of barangays,
position or fails to qualify, the SK member with PURPOSE: for the coordination and delivery of
next highest votes shall assume the position basic, regular and direct services and effective
governance of the inhabitants within its territorial
jurisdiction.
(2) implement all approved policies, programs, viii. Institute or cause to be instituted
projects, services and activities of the administrative or judicial proceedings for
municipality and, in addition to the foregoing, violation of ordinances in the collection of
shall: taxes, fees or charges, and for the recovery of
(3) Initiate and maximize the generation of funds and property; and cause the
resources and revenues, and apply the same to municipality to be defended against all suits
the implementation of development plans, to ensure that its interests, resources and
program objectives and priorities particularly rights shall be adequately protected;
those resources and revenues programmed for (4) Ensure the delivery of basic services and the
gro-industrial development and country-wide provision of adequate facilities
growth and progress, and relative thereto, shall: (5) Exercise such other powers and perform such
i. Require each head of an office or department other duties and functions as may be prescribed
to prepare and submit an estimate of by law or ordinance.
appropriations for the ensuing calendar Re SALARY:
year Salary Grade twenty-seven (27)
ii. Prepare and submit to the sanggunian for
approval the executive and supplemental The Vice Mayor
budgets of the municipality for the ensuing Section 445. Powers, Duties and Compensation. -
calendar year (1) Be the presiding officer of the SB and sign all
iii. Ensure that all taxes and other revenues of warrants drawn on the municipal treasury for all
the municipality are collected and that expenditures appropriated for the operation of
municipal funds are applied in accordance the sangguniang bayan;
with law or ordinance to the payment of (2) Subject to civil service law, rules and regulations,
expenses and settlement of obligations of the appoint all officials and employees of the
municipality; sangguniang bayan, except those whose manner
iv. Issue licenses and permits and suspend or of appointment is specifically provided in this
revoke the same for any violation of the Code;
conditions (3) Assume the office of the municipal mayor for the
v. Issue permits, without need of approval unexpired term of the latter in the event of
therefor from any national agency, for the permanent vacancy
holding of activities for any charitable or (4) Exercise the powers and perform the duties and
welfare purpose, excluding prohibited functions of the municipal mayor in cases of
games of chance or shows contrary to law, temporary vacancy and
public policy and public morals; (5) Exercise such other powers and perform other
vi. Require owners of illegally constructed duties as may be prescribed by law or ordinance.
houses, buildings or other structures to Re SALARY:
obtain the necessary permit, subject to Salary Grade twenty five (25) as prescribed
such fines and penalties as may be imposed
by law or ordinance, or to make necessary The Sangguniang Bayan
changes in the construction of the same Section 446. Composition. -
when said construction violates any law or COMPOSITION:
ordinance, or to order the demolition or vice mayor as the presiding officer,
removal of said house, building or structure the regular sanggunian members,
within the period prescribed by law or the president of the municipal chapter of the
ordinance; liga ng mga barangay,
vii. Adopt adequate measures to safeguard the president of the pambayang pederasyon
and conserve land, mineral, marine, ng mga sangguniang kabataan,
forest, and other resources of the and the sectoral representatives, as members.
municipality; provide efficient and effective 3 sectoral representatives: one (1) from the
property and supply management in the women; and as shall be determined by the
municipality; and protect the funds, credits, sanggunian concerned within 90 days prior to the
rights and other properties of the holding of local elections, one (1) from the
municipality; and agricultural or industrial workers, and one (1) from
other sectors, including the urban poor, indigenous Section 451. Cities, Classified.
cultural communities, or disabled persons. 1. A component city or
Independent component cities
Section 447. Powers, Duties, Functions and DEF: those whose charters prohibit their voters from
Compensation. - voting for provincial elective officials. They shall be
(a) The sangguniang bayan, as the legislative body independent of the province.
of the municipality, shall enact ordinances, approve 2. highly urbanized
resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants and in Re Classification:
the proper exercise of the corporate powers of the Qualified voters of highy urbanized cities are
municipality excluded from voting for elective provincial
(1) Approve ordinances and pass resolutions officials
necessary for an efficient and effective Participation of qualified voters of ind.
municipal government, Component cities n provincial directors shall be
(2) Generate and maximize the use of resources governed by their respective charters
and revenues for the development plans, Provincial Governor only has supervisory power
program objectives and priorities of the over:
municipality with particular attention to agro- o Component cities and
industrial development and countryside growth o Municipalities within the territorial
and progress jurisdiction of the province
(3) Grant franchises, enact ordinances Thus, Eos of mayors of highly urbanized cities are
authorizing the issuance of permits or not reviewable by the prov. Governor
licenses, or enact ordinances levying taxes, Ordinances of highly urbanized cities are not
fees and charges upon such conditions and for reviewable by the sangguniang panlalawigan
such purposes intended to promote the general
welfare of the inhabitants of the municipality, Section 452. Highly Urbanized Cities. (HUC)
(4) Regulate activities relative to the use of land, WHAT:
buildings and structures within the POPULATION At least 200,000
municipality in order to promote the general inhabitants as certified
welfare and for said purpose shall: by NSO
(5) Declare, prevent or abate any nuisance; INCOME At least 50M based on
(6) Approve ordinances which shall ensure the 1991 constant prices, as
efficient and effective delivery of the basic certified by the city
services and facilities treasurer
(7) Exercise such other powers and perform such
other duties and functions as may be prescribed Cities which do not meet above requirements
by law or ordinance. shall be considered component cities of the
province in which they are geographically
Re SALARY: located.
Salary Grade 24 If a component city is located within the
That, in municipalities in Metropolitan Manila boundaries of two (2) or more provinces, such
Area and other metropolitan political city shall be considered a component of the
subdivisions, SB members are Salary grade 25. province of which it used to be a municipality.
THE CITY Re Voting of Provincial Officials:
Section 448. Role of the City. Qualified voters of HUCs shall remain excluded
COMPOSITION: consisting of more urbanized and from voting for elective provincial officials.
developed barangays
Qualified voters of independent component
PURPOSE: as a general purpose government for the
cities shall be governed by their respective
coordination and delivery of basic, regular, and direct
charters, as amended, on the participation of
services and effective governance of the inhabitants
voters in provincial elections.
within its territorial jurisdiction.
Section 449. Manner of Creation.
Qualified voters of cities who acquired the right (3) Initiate and maximize the generation of
to vote for elective provincial officials prior to the resources and revenues, and apply the same to
classification of said cities as highly-urbanized the implementation of development plans,
shall continue to exercise such right. program objectives and priorities, particularly
those resources and revenues programmed for
Section 453. Duty to Declare Highly Urbanized agro-industrial development and countryside
Status. growth and progress
WHO SHALL DECLARE: duty of the President to (4) Ensure the delivery of basic services and the
declare a city as highly urbanized provision of adequate facilities
WHEN: within thirty (30) days (5) Exercise such other powers and perform such
HOW: other duties and functions as may be prescribed
after it shall have met the minimum by law or ordinance.
requirements prescribed, WHERE: in the city hall.
upon proper application therefor and Re SALARY: Salary Grade Thirty (30)
ratification in a plebiscite by the qualified
voters therein. Re MAYOR as National Police Commission
(NAPOLCOM) deputy:
Section 454. Officials of the City Government. (1) Formulates and implements the law and order
WHO: plan of the municipality
There shall be in each city a mayor, a vice-mayor, (2) Exercise general and operational control and
sangguniang panlungsod members, a secretary to the supervision over local police forces in the
sangguniang panlungsod, a city treasurer, a city municipality
assessor, a city accountant, a city budget officer, a city a. Power to employ and deploy PNP units or
planning and development coordinator, a city elements to ensure public safety
engineer, a city health officer, a city civil registrar, a
city administrator, a city legal officer, a city
veterinarian, a city social welfare and development Power to appoint (Sec 3)
officer, and a city general services officer. Power to contract (Sec 22)
Power to issue permits (Sec 48)
WHO ELSE: Power to review Punong Barangays
a city architect, a city information officer, a city Executive Orders (Sec 30)
agriculturist, a city population officer (optional), a Power to discipline
city environment and natural resources officer, and a o Not incongruent with the power of
city cooperatives officer. department heads to impose
WHO WILL APPOINT: disciplinary actions over their
Heads of departments and offices shall be appointed employees
by the city mayor with the concurrence of the
majority of all the sangguniang panlungsod Re Power to Issue PERMITS:
members, subject to civil service law, rules and Gordon vs Veridiano II (1988)
regulations. The power to approve a license includes by
implication,. even if not expressly granted, the
The CITY MAYOR power to revoke it. By extension, the power to
Section 455. Chief Executive; Powers, Duties and revoke is limited by the authority to grant the
Compensation. license, from which it is derived in the first place.
(1) Exercise general supervision and control over Thus, if the FDA grants a license upon its finding
all programs, projects, services, and activities of that the applicant drug store has complied with the
the city government. requirements of the general laws and the
(2) Enforce all laws and ordinances relative to the implementing administrative rules and regulations,
governance of the city and in the exercise of the it is only for their violation that the FDA may revoke
appropriate corporate powers, implement all the said license.
approved policies, programs, projects, services Conversely, the mayor may not revoke his own
and activities of the city permit on the ground that the compliance with the
conditions laid down and found satisfactory by the
FDA when it issued its license is in his own view not (3) Assume the office of the city mayor for the
acceptable. unexpired term of the latter in the event of
permanent vacancy
Acebedo Optical Co. vs CA (2000) (4) Exercise the powers and perform the duties and
Re LICENSE NOT being a CONTRACT functions of the city mayor in cases of
a license or a permit is not a contract between temporary vacancy
the sovereignty and the licensee or permitee, (5) Exercise such other powers and perform such
and is not a property in the constitutional sense, as other duties and functions as may be prescribed
to which the constitutional proscription against by law or ordinance.
impairment of the obligation of contracts may
extend. Re SALARY:
A license is rather in the nature of a special Salary Grade 28 for a highly urbanized city and
privilege, of a permission or authority to do what is Salary Grade 26 for a component city
within its terms. It is not in any way vested,
permanent or absolute. Section 457. The Sangguniang Panlungsod
COMPOSITION:
Re NATURE OF PERMITS: (a) The sangguniang panlungsod, the legislative body
The issuance of business licenses and permits of the city, shall be composed of the
by a municipality or city is essentially city vice-mayor as presiding officer,
regulatory in nature. The authority, which the regular sanggunian members,
devolved upon local government units to issue or the president of the city chapter of the liga ng
grant such licenses or permits, is essentially in the mga barangay,
exercise of the police power of the State within the the president of the panlungsod na
contemplation of the general welfare clause of the pederasyon ng mga sangguniang kabataan,
Local Government Code. and the sectoral representatives, as members.
Re Jurisdiction: IN ADDITION:
Sandiganbayan has jurisdiction over criminal 3 sectoral representatives:
actions where accused are city officials (or those one (1) from the women; and as shall be
with Salary grade 27 and up) determined by the sanggunian concerned
If salary grade below, RTC, MTC jurisdiction within ninety (90) days prior to the holding of
the local elections,
The CITY VICE MAYOR one (1) from agricultural or industrial
Section 456. Powers, Duties and Compensation. workers; and
(1) Be the presiding officer of the sangguniang one (1) from the other sectors, including the
panlungsod and sign all warrants drawn on the urban poor, indigenous cultural communities,
city treasury for all expenditures appropriated or disabled persons.
for the operation of the sangguniang panlungsod;
VICENCIO VS VILLAR (2013)
Municipal Warrant Under this provision, therefore, there is no inherent
DEF:instrument in the form of bill of exchange or authority on the part of the city vice-mayor to enter
order drawn by a municipal officer upon its into contracts on behalf of the LGU, unlike that
treasurer, directing him to pay amount specified. provided for the city mayor. Thus, the authority of
It is a non-negotiable obligation of a mun corp given the vice-mayor to enter into contracts on behalf of
for an indebtedness created prior to its issuance the city was strictly circumscribed by the ordinance
granting it. Ordinance No. 15-2003 specifically
(2) Subject to civil service law, rules and regulations, authorized Vice-Mayor Yambao to enter into
appoint all officials and employees of the contracts for consultancy services. As this is not a
sangguniang panlungsod, except those whose power or duty given under the law to the Office of
manner of appointment is specifically provided in the Vice-Mayor, Ordinance No. 15-2003 cannot be
this Code; construed as a continuing authority for any
person who enters the Office of the Vice-Mayor to
enter into subsequent, albeit similar, contracts.
Re SALARY:
sangguniang panlungsod of component cities - Salary The PROVINCIAL GOVERNOR
Grade 25 and Section 465. The Chief Executive:
sangguniang panlungsod of highly-urbanized cities WHO: provincial governor, as the chief executive of
shall receive a minimum monthly compensation the provincial government,
corresponding to Salary Grade 27 POWERS and DUTIES:
(1) Exercise general supervision and control over
THE PROVINCE all programs, projects, services, and activities of
CHAPTER I the provincial government
Role and Creation of the Province (2) Enforce all laws and ordinances relative to the
Section 459. Role of the Province. governance of the province and the exercise of
COMPOSITION: composed of cluster of the appropriate corporate powers provided for
municipalities, or municipalities and component under Section 22 of this Code, implement all
cities approved policies, programs, projects, services
and activities of the province
(3) Initiate and maximize the generation of the president of the provincial federation of
resources and revenues, and apply the same to sanggunian members of municipalities and
the implementation of development plans, component cities and the sectoral representatives, as
program objectives and priorities as provided for members.
under Section 18 of this Code, particularly those OTHER OFFICIALS
resources and revenues programmed for agro- 3 sectoral representatives:
industrial development and country-wide growth
and progress Section 468.
(4) Ensure the delivery of basic services and the Powers, Duties, Functions
provision of adequate facilities The sangguniang panlalawigan, as the legislative
(5) Exercise such other powers and perform such body of the province, shall enact ordinances,
other duties and functions as may be prescribed approve resolutions and appropriate funds for
by law or ordinance. the general welfare of the province and its
Re SALARY: inhabitants pursuant in the proper exercise of the
Salary Grade 30 corporate powers of the province as provided for
under Section 22 of this Code, and shall:
The VICE GOVERNOR (1) Approve ordinances and pass resolutions
Section 466. Powers, Duties, and Compensation. necessary for an efficient and effective provincial
POWERS and DUTIES: government
(1) Be the presiding officer of the sangguniang (2) Generate and maximize the use of resources and
panlalawigan and sign all warrants drawn on revenues for the development plans, program
the provincial treasury for all expenditures objectives and priorities of the province as with
appropriated for the operation of the particular attention to agro-industrial
sangguniang panlalawigan; development and country-wide growth and
(2) Subject to civil service law, rules and regulations, progress
appoint all officials and employees of the (3) grant franchises, approve the issuance of permits
sangguniang panlalawigan, except those whose or licenses, or enact ordinances levying taxes,
manner of appointment is specially provided in fees and charges upon such conditions and for
this Code; such purposes intended to promote the general
(3) Assume the office of the governor for the welfare of the inhabitants of the province
unexpired term of the latter in the event of (4) Approve ordinances which shall ensure the
permanent vacancy as provided for in Section 44, efficient and effective delivery of basic services
Book I of this Code; and facilities
(4) Exercise the powers and perform the duties and (5) Exercise such other powers and perform such
functions of the governor in cases of temporary other duties and functions as may be prescribed
vacancy by law or ordinance.
(5) Exercise such other powers and perform such Re SALARY: Salary Grade 27
other duties and functions as may be prescribed
by law or ordinance. LEAGUES OF LGUs
Re SALARY:
Salary Grade 28 Liga ng Mga Barangay
Section 491.
THE SANGGUNIANG PANLALAWIGAN WHAT: organization of all barangays to be known as
Section 467. Composition. the liga ng mga barangay
WHO: The sangguniang panlalawigan, the legislative Purpose of Organization.
body of the province, i. determining the representation of the Liga in
COMPOSITION: the sanggunians, and
provincial vice-governor as presiding officer, ii. for ventilating, articulating and crystallizing
the regular sanggunian members, issues affecting barangay government
the president of the provincial chapter of the liga ng administration and securing, through proper
mga barangay, and legal means, solutions thereto.
the president of the panlalawigang pederasyon ng
mga sangguniang kabataan, COMPOSITION:
Chapters at the municipal, city, provincial and The most that the DILG could do was review the
metropolitan political subdivision levels. acts of the incumbent officers of the Liga in the
municipal and city barangay representatives conduct of the elections to determine if they
chapters of the liga of municipal and city committed any violation of the Ligas
barangays respectively Constitution and By-laws and its implementing
provincial chapter duly elected presidents of rules.
or the metropolitan component municipal and Neither had the DILG the authority to remove the
political subdivision city chapters. incumbent officers of the Liga and replace them,
chapter even temporarily, with unelected Liga officers.
the National Liga ng duly elected presidents of
mga Barangay. highly-urbanized cities, Section 494. Ex-Officio Membership in
provincial chapters, the Sanggunians.
Metropolitan Manila The duly elected presidents of the liga at the
chapter and municipal, city and provincial levels, including the
metropolitan political component cities and municipalities of Metropolitan
subdivision chapters Manila, shall serve as ex-officio members of the
Q: Does the Presidents power of supervision sangguniang bayan, sangguniang panlungsod,
extend to the liga ng mga barangay which is not sangguniang panlalawigan, respectively.
an LGU?
H: YES! Section 495. Powers, Functions and Duties of the
Liga ng mga Barangay.
National Liga ng mga Barangay vs Paredes a. Give priority to programs designed for the total
(2004) development of the barangays and in consonance
The liga ng mga barangay is a government with the policies, programs and projects of the
organization, being an association, federation, national government;
league or union created by law or by authority of b. Assist in the education of barangay residents for
law, whose members are either appointed or people's participation in local government
elected government officials. administration in order to promote united and
The Liga is an aggroupment of barangays which concerted action to achieve country-wide
are in turn represented therein by their development goals;
respective punong barangays. The representatives c. Supplement the efforts of government in creating
of the Liga sit in an ex officio capacity at the gainful employment within the barangay;
municipal, city and provincial sanggunians. As d. Adopt measures to promote the welfare of
such, they enjoy all the powers and discharge all barangay officials;
the functions of regular municipal e. Serve as a forum of the barangays in order to
councilors. Thus, the Liga is the vehicle through forge linkages with government and non-
which the barangay participates in the enactment governmental organizations and thereby
of ordinances and formulation of policies at all the promote the social, economic and political well-
legislative local levels higher than the sangguniang being of the barangays; and
barangay, at the same time serving as the f. Exercise such other powers and perform such
mechanism for the bottom-to-top approach of other duties and functions which will bring about
development. stronger ties between barangays and promote
the welfare of the barangay inhabitants.
Re Scope of DILGs (as Presidents alter-ego)
power over the LIGA: Section 498. Powers, Functions and Duties of the
As the entity exercising supervision over the Liga League of Municipalities/ cities/ provinces.
ng mga Barangay, the DILGs authority over a. Assist the national government in the formulation
the Liga is limited to seeing to it that the rules are and implementation of the policies, programs and
followed, but it cannot lay down such rules itself, projects affecting municipalities as a whole;
nor does it have the discretion to modify or b. Promote local autonomy at the municipal level;
replace them. c. Adopt measures for the promotion of the welfare
of all municipalities and its officials and
employees;