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APOCRYPHAL MAGGOTS.

The APOCRYPHAL MAGGOTS has always

endeavored to make readable (short) yet
substantial weekly digests. This is also our aim
for the reviewer. We are making it as short (and
substantial) as possible since (1) this is a
reviewer, not a compilation; and (2) we are
assuming that you’ve read throughout the
semester; hence this is just to refresh your
memories. We also included class notes and
sample exams. Class notes are represented by
 or in text boxes while sample exams are at
the end of the reviewer. We added some
irreverent material whenever necessary.
TABLE OF CONTENTS
Part I: Introduction
………………………….. 1
Part II: Book 1 General
Provisions …………. 16
A. Policy and Application
……………16
B. General Power and
Attributes ……19
Part II: Book 2 Local Taxation
……………….202
Part III: Local Government Units
……………244
Part IV: Miscellaneous and Final
Provisions ..283
Sample Exams
………………………………… 306
The Apocryphal Maggots:
The boys (from left) Chrisgel, Rainier and
Geoffry
The girls (from left): Corina Grace and
Sylvie Blanche
Part I: Introduction: History
and Basic Concepts
Basic Laws
1987 Constitution
ARTICLE X: LOCAL GOVERNMENT
GENERAL PROVISIONS
Sec1. The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Sec2. The territorial and political subdivisions shall
enjoy local autonomy.
Sec3. The Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum,
allocate among the different local government units
their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions
and duties of local officials, and all other matters
relating to the organization and operation of the
local units.
Sec4. The President of the Philippines shall exercise
general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays, shall ensure that
the acts of their component units are within the
scope of their prescribed powers and functions.
Sec5. Each local government unit shall have the
power to create its own sources of revenues and to
levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
Sec6. Local government units shall have a just share,
as determined by law, in the national taxes which
shall be automatically released to them.
Sec7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization
and development of the national wealth within their
respective areas, in the manner provided by law,
including sharing the same with the inhabitants by
way of direct benefits.
Sec8. The term of office of elective local officials,
except barangay officials, which shall be
determined by law, shall be three years and no
such official shall serve for more than three
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered
as an interruption in the continuity of his service for
the full term for which he was elected.
Sec9. Legislative bodies of local governments shall
have sectoral representation as may be prescribed
by law.
Sec10. No province, city, municipality, or barangay
may be created, divided, merged, abolished, or its
boundary substantially altered, except in
accordance with the criteria established in the local
government code and subject to approval by a
majority of the votes cast in a plebiscite in the
political units directly affected.
Sec11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain
their basic autonomy and shall be entitled to their
own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic
services requiring coordination.
Sec12. Cities that are highly urbanized, as
determined by law, and component cities whose
charters prohibit their voters from voting for
provincial elective officials, shall be independent of
the province. The voters of component cities within
a province, whose charters contain no such
prohibition, shall not be deprived of their right to
vote for elective provincial officials.
Sec13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
Sec14. The President shall provide for regional
development councils or other similar bodies
composed of local government officials, regional
heads of departments and other government
offices, and representatives from non-governmental
organizations within the regions for purposes of
administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the
economic and social growth and development of
the units in the region.
AUTONOMOUS REGIONS
Sec15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity of
the Republic of the Philippines.
Sec16. The President shall exercise general
supervision over autonomous regions to ensure
that laws are faithfully executed.
Sec17. All powers, functions, and responsibilities not
granted by this Constitution or by law to the
autonomous regions shall be vested in the National
Government.
Sec18. The Congress shall enact an organic act for
each autonomous region with the assistance and
participation of the regional consultative
commission composed of representatives
appointed by the President from a list of nominees
from multi-sectoral bodies. The organic act shall
define the basic structure of government for the
region consisting of the executive department and
legislative assembly, both of which shall be elective
and representative of the constituent political units.
The organic acts shall likewise provide for special
courts with personal, family, and property law
jurisdiction consistent with the provisions of this
Constitution and national laws.
The creation of the autonomous region shall be
 effective when approved by majority of the votes
cast by the constituent units in a plebiscite called
for the purpose, provided that only provinces, cities,
and geographic areas voting favorably in such
plebiscite shall be included in the autonomous
region.
Sec19. The first Congress elected under this
Constitution shall, within eighteen months from the
time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Sec20. Within its territorial jurisdiction and subject to
the provisions of this Constitution and national
laws, the organic act of autonomous regions shall
provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning
development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural
heritage; and
9. Such other matters as may be authorized by
law for the promotion of the general welfare of
the people of the region.
Sec21. The preservation of peace and order within
the regions shall be the responsibility of the local
police agencies which shall be organized,
maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.
A passage from Teresa of Avila’s Conceptions of the
Love of God:
But when this most wealthy Spouse desires to enrich
and comfort the Bride still more, He draws her so
closely to Him that she is like one who swoons from
excess of pleasure and joy and seems suspended in
those Divine arms and drawn near to that sacred side
and to those Divine breasts. Sustained by that Divine
milk with which her Spouse continually nourishes
her and growing in grace so that she may be enabled
to receive His comforts, she can do nothing but
rejoice… With what to compares this [the soul]
known not, save to the caress of a mother who so
dearly loves her child and feeds and caresses it.
ADMINISTRATIVE CODE OF 1987, TitleXII
LOCAL GOVERNMENT
Chapter 1 GENERAL PROVISIONS
Sec1. Declaration of Policy. – The State shall:
(1) ensure the autonomy of local governments by
providing a more responsive and accountable
local government structurethrough a system of
decentralization. T
(2) guarantee LGUs their just share in national
taxes and their equitable share in proceeds
from the use of natural resources, and afford
them a wider latitude for resources generation.
Sec2. Mandate
Sec3. Powers and Functions of Department. - To
accomplish its mandate, the Department shall:
(1) Advise the President on the promulgation of
policies, rules, regulations and other issuances
relative to the general supervision of local
government units;
(2) Establish and prescribe rules, regulations and
other issuances and implementing laws on the
general supervision of local government units
and on the promotion of local autonomy and
monitor compliance thereof by said units;
(3) Provide assistance in the preparation of
national legislation affecting local government
units;
(4) Establish and prescribe plans, policies,
programs and projects to strengthen the
administrative, technical and fiscal capabilities
of local government offices and personnel;
(5) Formulate and implement policies, plans,
programs and projects to meet national and
local emergencies arising from natural and
man-made disasters; and
(6) Perform such other functions as may be
provided by law.
Sec4. Organizational Structure.
Chapter 2 DEPARTMENT PROPER
Sec5. Office of the Secretary. - The Office of the
Secretary shall consist of the Secretary and his
immediate staff.
Sec6. Undersecretaries and Assistant Secretaries
-
Chapter 3 DEPARTMENT SERVICES
Sec7. Planning Service. -
Sec8. Financial and Management Service. -
Sec9. Legal Service. –
Sec10. Administrative Service. -
Sec11. Electronic Data Processing Service. -

Chapter 4 BUREAUS AND OFFICES
Sec12. Bureau of Local Government Supervision.
Sec13. Bureau of Local Government
Development.
Sec14. Office of Public Affairs.
Sec15. Local Government Academy. -
Sec16. National Barangay Operations Office. -
Sec17. Office of Project Development Services.
Chapter 5 REGIONAL AND FIELD OFFICES
Sec18. Regional and Field Offices.
Chapter 6 LEAGUES OF PROVINCES, CITIES AND
MUNICIPALITIES
Sec19. Leagues of Provinces, Cities and
Municipalities
RA 6975: An Act Establishing The Philippine
National Police Under A Reorganized
Department Of The Interior And Local
Government, And For Other Purposes
CHAPTER I: The Department Of The Interior And
Local Government
Sec4. The Department of the Interior and Local
Government. — …the Department of Local
Government is hereby reorganized into the
Department of the Interior and Local Government,
… in accordance with the provisions of this Act.
Sec5. Powers and Functions of the Department. —
… the Department shall continue to exercise the
powers and functions of the Department of Local
Government in addition to the powers and functions
as herein provided.
Sec6. Organization. —
Sec7. Department Proper. — 1 Sec, 2 USecs and 3
Asst Secs
Sec8. Head of Department. —
Sec9. General Powers, Term of Office and
Compensation of the Secretary. — The authority
and responsibility for the exercise …shall be vested
in the Secretary, who shall hold office at the
pleasure of the President…
Sec10. Specific Powers and Functions of the
Secretary. —
(a) Prepare and submit periodic reports, including a
Quarterly Anti-Crime Operations Report and such
other reports as the President and Congress may
require;
(b) Act as Chairman and Presiding Officer of the
National Police Commission; and
(c) Delegate authority to exercise any substantive
or administrative function to the members of the
National Police Commission or other officers of
rank within the Department.
Sec11. Regional Offices. — The Department shall
establish, operate and maintain a regional office in
each of the administrative regions of the country to
implement the policies and programs of the
Department…
Sec12. Relationship of the Department with the
Department of National Defense. — During a
period of twenty-four (24) months from the
effectivity of this Act, the Armed Forces of the
Philippines (AFP) shall continue its present role of
preserving the internal and external security of the
State: Provided, That said period may be extended
by the President, if he finds it justifiable, for another
period not exceeding twenty-four (24) months, after
which, the Department shall automatically take over
from the AFP the primary role of preserving internal
security, leaving to the AFP its primary role of
preserving external security. However, even after
the Department has assumed primary responsibility
on matters affecting internal security, including the
suppression of insurgency, and there are serious
threats to national security and public order, such
as where insurgents have gained considerable
foothold in the community thereby necessitating the
employment of bigger tactical forces and the
utilization of higher caliber armaments and better
armored vehicles, the President may, upon
recommendation of the peace and order council,
call upon the Armed Forces of the Philippines to
assume the primary role and the Philippine
National Police (PNP) to play the supportive role in
the area concerned.
In times of national emergency, all elements of the
PNP, the Bureau of Fire Protection, and the Bureau
of Jail Management and Penology shall, upon
direction of the President, assist the Armed Forces
of the Philippines in meeting the national
emergency.
The complementary relationship between the
Department of the Interior and Local Government
and the Department of National Defense in any of
the preceding eventualities shall be jointly
prescribed by their respective Secretaries in a
memorandum of agreement that shall thereafter be
published and implemented.
RA 8551: An Act Providing For The Reform And
Reorganization Of The Philippine National
Police And For Other Purposes, Amending
Certain Provisions Of RA6975
Renaissance journalist and hip porn-purveyor
Aretino writes:
“What harm is there in seeing a man mounting a
woman? Should beasts, then, be free-er than we are?
We should wear that thing nature gave us for the
preservation of the species on a chain around our
necks or as a medal on our hats; for that is the
fountain rivers of human beings come forth from…
That thing made you… it created me, and I am better
than bread. It produced the Bembos, the Molzas, the
Varchis, the Ugolin Martellis… the Titans, and the
Michelangelos, and after them the Popes, emperors,
and kings. It generated handsome boys and beautiful
women with their ‘holy of holies.’ We should
celebrate all this by establishing special holy days
and festivities in its honor rather than confining it in
a small piece of cloth or silk. Men’s hands might be
well hidden since they gamble money, swear oaths,
practice usury, make obscene gestures, tear, pull,
punch, wound and kill.”
Overview, History, Assessment
The Local Government Code
-Aquilino Pimentel
Local Government Code of 1991 is the result of the
Legislative effort to flesh out the mandate embodied
in Article X on Local Government of the Constitution.
It uproots decades of highly centralized decision
making that have deterred the development of the
country and places upon the local officials a major
portion of the responsibility for the modernization of
the local communities. Before, plans and funds for
development were decided mainly by the central
government in Manila and, at times, even the way
development projects and programs in the
countryside were to be implemented would be pre-
determined by people manning the central
government
Local Governance and Decentralisation: The
Philippine Experience, Alex B. Brilliantes, Jr
HISTORICAL ACCOUNT AND PRESENT
POLITICAL CONTEXT
The movement for autonomy has its origins as early
as 1898. Local Governments (LG) were subject to
regulation including the limitation of powers of
taxation in order that provincial & municipal taxation
may never be antagonistic to the system of taxation
of the State.
When Americans arrived at start of 20 th Century,
centralisation of the politico-administrative system
was effected in order to ensure the consolidation of
powers of the colonialists. Throughout their stay,
there was a shift from “control” over LG by executive
dept to “supervision” towards gen direction of some
kind of autonomy for LG. From 1959-present, various
laws were enacted to provide greater local autonomy.
Then, as now, there is an imperative for a dominant
and assertive leadership for the consolidation and
survival of weak state BUT there is clamor and
demand for maximum autonomy from the central
gov’t in order to become more responsive to
situations obtaining locally.
ISSUES AND CONCERNS
A. Administrative Concerns – pertain to personnel,
financial, organization and management,
intergovernmental relations, and relations with the
NGO’s and PO’s and the private sector
Major concern: ‘administrative capacities’ or
absorptive capabilities of LGU to assume various
functions and responsibilities that will be devolved to
them
Confusion:
The LGCode provides that personnel of
national gov’t agencies devolved to LG shall be
mandatorily absorbed by LG and they shall not suffer
any diminution in pay and rank. CSC released
memoranda to this effect.
BUT nationally employed personnel enjoy
higher salaries than locally paid employees.
The DBM circulars prohibited LG from
allocating more than 45-55% of their budgets for
personnel services.
Results: Budget is strained so these contradictions
must be reconciled.
Second Concern: delivery of basic services at the
local level will be disrupted largely as a result of
transition
Because of these concerns, there seemed to be a
general hesitancy among LG esp. poorer LG’s to
accept the responsibility for the delivery of a whole
range of basic services. They fear that they may not
be able to financially support the delivery of such
services.
Original idea in LGCode:
Costs of devolution would be charged to IRA of LGU
but IRA of LGU is barely sufficient to support the
implementation of various programs & projects that
will be absorbed by LG.
Hence, LG’s proposed to DBM to set aside a
stabilization fund or augmentation fund to assist LG
that could not afford the devolution costs at all fronts.
HB 6346 was proposed which provides that the costs
of devolved services shall be first excluded or
deducted from the total IRA allocable to LGU and
shall be equitably distributed to them. In 1993, the
amount so excluded/deducted shall be the actual
cost of devolution. In 1994 onwards, the amount for
devolved services shall increase/decrease in
proportion to the increase/decrease of the total IRA of
LGU’s.
B. Political Concerns - pertains to warlordism/
bossism/ refeudalisation, intergovernmental relations,
and GO-NGO relations
The issue of decentralization and local autonomy is
really anchored on power and how it should be
dispersed from the center and how it will be shared
among various levels of gov’t.
Since LGCode encourages participation of NGOs.
there is a danger that the term NGO might be
construed and abused in its broadest and most liberal
context resulting in the sprouting of all kinds of
NGO’s, fly-by-night and politician-organised NGO.
Some see NGO’s as a ‘back door’ to local politics.
There is political issue of turf and delineation of
sharing of power among various levels of gov’t
(National-Local, Local-local) LGCode encourages
partnership but problems are inevitable in the
process of getting to know each other.
Some sectors have attempted to derail the LGCode
provision of sectoral representation in the local
sanggunian claiming budgetary concerns.
The concern that devolution will lead to warlordism is
certainly a possibility but LGCode process of local
autonomy also entails accountability with provisions
for recall and initiative.
CONCLUSION
The passage of the LGCode, while an answer to the
decade-old problem of overcentralisation has brought
with it politico-administrative shocks and stresses
upon the LG system.
But these problems and stresses are not
insurmountable. Support is needed and can be
manifested by:
a. non-interruption of IRA to LGU
b. proper allocation of the augmentation fund
identified by the DILG specifically in terms of
demonstrating a bias for lower income LGU
c. support for various capability-building efforts
of various institutions such as those
conducted by academic and nonacademic
institutions
d. encouragement of NGO participation in the
various mechanisms made available to them.
e. Promotion of local accountabilities through
the system of recall.
The enactment of LG Code somehow marks the
culmination of the struggle of the local institutions.
The political will to implement this code is
indispensable. Choices that demonstrate bias for
local autonomy have to be made with central officials
and agencies taking secondary role this time.
Otherwise, it will remain another piece of legislation
that will follow the well-trodden path to non-
implementation.
Local Governments In A Democratizing Polity:
Trends And Prospects Alex Brillantes, Jr.
Introduction
The enactment of a Local Government Code in the
Philippines in 1991 was the most radical and far
reaching policy. The promulgation of the LGC in 1991
was a move welcomed by most sectors of society,
which finally transferred the responsibility for the
delivery of basic services to the local government
units, including appropriate personnel, assets,
equipment, programs and projects. There were
already historical attempts to decentralize power and
authority to local institution (e.g. enactment of LGC in
1983) but remained only in paper.
Basic Features of the LGC
1. Radical transformation of the nature of
relationship between the national government
and the LGUs.
- transfer of fundamental responsibilities and
accountabilities
- increase of financial resources available
- move to encourage active participation of the
private sector, NGOs and Pos leading to a
Phil. contribution in redefining notion of
“governance”
2. Responsibility for delivery of basic services
that earlier were the responsibility of the national
government…
- health (field health, hospital services and
other tertiary services)
- social services (social welfare)
 - environment (community based forestry
projects)
- agriculture (agricultural extension and on-site
research)
- public works (funded by local funds)
- education (school building program)
- tourism (facilities, promotion and
development)
- telecommunications services and housing
projects (for provinces and cities)
- other services such as investment support
3. Responsibility for enforcement of certain
regulatory powers such as:
- reclassification of agricultural lands
- enforcement of environmental laws
- inspection of food products and quarantine
- enforcement of Nat’l Building Code
- operation of tricycles
- processing and approval of subdivision plans
- establishment of cockpits and holding of
cockfights
4. Increase in available financial resources to
LGUs by
- broadening their taxing powers
- providing them with specific share from
national wealth exploited in their area
(mining, fishery, forestry charges)
- increasing share from national taxes (IRA –
internal revenue allotments from 11% to
40%)
- increased elbow room to generate revenues
from local fees and charges
5. Foundation for development and evolution of
more entrepreneurial-oriented LGUs – to:
- enter into B-O-T arrangements with private
sector
- float bonds
- obtain loans from private institutions, etc
 to encourage them to be “more business-like”
and competitive in their operations
contradistinguished from “traditional” government
norms and operations
6. Legal infrastructure for participation of NGOs
and Pos in the process of governance by making
their membership in local special bodies
mandatory (e.g. local development council, local
health board, and local school board)  enabling
direct citizen participation
- to promote local accountability and
aswerability, specifically through recall and
people’s initiative provisions
- one mechanism to lead to people
empowerment
- redefinition of notion of governance where it
once refereed mostly to basic and formal
structures and processes of government, and
now recognized key role of the private sector,
NGOs and Pos
Implementing Devolution
- has not been easy because of a number of
intervening factors hampering smooth
implementation
1. simultaneous conduct of legal and national
elections in 1992
2. resistance of certain devolved agencies to
devolution (mostly DOH) and subsequent moves
to recentralize health sector as advocated by
certain members of Congress
3. unequal distribution of financial resources
(IRA), as a result of a not-so-studied formula
among various levels of loc govts., with cities
gaining most, while municipalities and provinces
are not able to afford cost of devolution
4. “lags” in release of IRA shares of LGUs,
hence proposal that these should be
automatically appropriated to LGUs
5. lack of guidelines to define and clarify
intergovernmental relations (national-local, local-
local)
6. hesitance among NGOs and Pos to
participate in local governance due to continuing
distrust between government sectos
7. general lack of information about LGC
Devolved Sectors
Health (DOH)
Problems encountered – career paths of devolved
personnel, non-absorption by LGUs, lower salaries,
lack of adequate and appropriate medicines,
purchasing procedures, late deliveries…
Would have been recentralized but bill was vetoed by
the President upon advice of LGUs and through
leadership of DOH.
Social Services (DSWD)
As a consequence of devolution of health personnel,
LGUs are encouraged to appoint a social welfare
officer in respective localities.
DSWD has devolved substantial programs and
projects to LGUs, and several dep’t orders have been
issued to support and operationalize this devolution
process.
Environment and Natural Resources(DENR)
Selective devolution of forest management, protected
areas and wildlife, environment management, mines
and geosciences management, and land
management.
Issuance of several dept circulars and implementing
guidelines (DAO) but DAO30 clearly shows
continuing primacy of DENR in implementation of
DENR functions. Within such context, Pimentel
actually proposed that power and authority of LGUs
over environment should be more specific and even
more extensive.
Agriculture
Problems encountered – rejection of regular
employees (131) because of possible duplication of
position/personnel at local level (administrative non-
viability). But before implementation, there have been
duplication at the provincial level. Some LGUs
introduce innovations (appointment of devolved
personnel as provincial coop officer as in Bulacan) to
address the problem of possible duplication and
importantly to underscore and implement a policy
thrust to cooperatives.
DOA has prepared various guides and manuals on
devolution to serve as fundamental references for
LGUs in the process of absorbing devolved
agricultural services.
The Interagency Oversight Committee
- constituted to support implementation of LGC
- includes: LGUs through their respective
leagues, Bureau of Local Government Finance of
DOF, Department of Budget and Management,
and DILG
- would address specific problems
encountered in the implementation of the Code
referred to it (e.g. its ability to respond to
devolution-related issues given the realities and
constraints of operating as an inter-agency
committee with practically no full time staff to
provide technical support and assistance)
- some issues and concerns could already be
acted upon without having to wait for committee
to meet as a whole (e.g. transition action teams,
resolved by existing issuances, policies, circulars,
admin and exec orders, directives and
guidelines)  issues not settled by transition
action teams will be elevated to oversight
committee for resolution
- entirely possible for it to address issues and
concerns that would also help define nat’l-local
relations, with emphasis on areas recommended
for increased nat’l government participation in
local development
- issues mostly pertain to the need to clarify
concerns including the powers and latitude of
various levels of local governments, classified as:
o Local Finance/Local Fiscal
Administration
o Local Legislation/Clarifying the
Role/s of the Local Legislative Bodies
o Personnel Administration
o Regulatory Powers of LGUs
o Relationship between LGUs and
NGOs/Pos
o Clarifying the Roles and Powers of
Oversight Committee
Devolution Master Plan
Phase1: Changeover Phase (92-93) – involved
transfer to LGUs of devolved functions, with
corresponding assets and personnel
Phase2: Transition Phase (94-96) – national
government agencies (NGAs) and LGUs to
institutionalize their adjustments to decentralized
schemes introduced by LGC
Phase3: Stabilization Phase (97 onwards) – assumed
that LGUs will have built adequate capacities in
managing local affairs, and NGAs will provide
constant support and technical assistance to LGUs
Devolution Works: Best Practices at the Local
Level
Indications that devolution is working:
- celebrated cases of abuses by local officials
- innovativeness and creativity at the local
level has been engendered by the LGC
- NGOs and POs have also been encouraged
to be active participants in the process of
governance at the local level
- Partnerships between various sectors have
been developed
- Gantimpalang Panglingkod Pook (Galing
Pook Program) where winners are selected
based on following criteria: (1) effectiveness of
service delivery (extent to which program made
good its promise), (2) positive socioeconomic/
environment impact (improvement the program
made on the life in the community, and how much
the community cared for the environment), (3)
promotion of people empowerment (how many in
the community were encouraged to participate in
activities meant for the common good), 94)
transferability (likelihood of program’s ability to
inspire other communities to successfully adopt
it)
o On health services, environmental
management, public finance, peace
initiatives, integrated approach to
development, sociocultural development,
employment generation/livelihood,
productivity improvement
o E.g. Taking Care of People and
Environment in Negros Oriental (construction
of a Community Primary Hospital in
hinterlands of Negros Oriental with
Community Based Resource Management
Approach empowering fisherfolk to take lead
in environment protection), Energizing the
Purok in Sampaloc, Quezon (KapitBisig
Program), Saving the Mangroves in Kalibo,
Aklan (reforestation of 50-hec swampland),
Saving the Marikina River, Transforming
Malalag into a Provincial Agro-Industrial
Center in Davao del Sur, Acquiring a
Complete Equipment Pool in Munoz, Nueva
Ecija, Floating Bonds for Low Cost Housing
in Victorias, Negros Occidental, Improving
the Productivity in Naga City, Sustaining
Development through an Integrated
Approach in Guagua, Pampanga, and
Enriching for a Brighter Tomorrow in Bulacan
(enriching cultural and historical heritage of
Bulacan)…
 o Brought about activities in
implementation of capability building
programs for local governments
 Local Government Academty
(LGA) shift of methodology and approach
to experiential learning
 Lakbay Aral (study visits)
Concluding Statement
Local governments play a central role in any
democratizing polity. The local governments’ success
and response to the basic needs of the people is the
success of the national government.
The burden upon the shoulders of the local
governments is indeed heavy. This should tell the
national government to extend as much support to
local governments in order for them to be more
responsive to the needs of the people.
While implementation may not be a smashing
success, it is not a failure either. Significant inroads
have been made in the devolution process to
deconstruct the highly centralized institutions and
processes that have long characterized the Philippine
politico-administrative system.
- Local institutions and processes have been
set in place
- Master Plan provides guideposts and
milestones to ensure sustained and progressive
implementation of LGC
- Oversight Committee promises to be
vigorously involved
The support of various concerned agencies to
increase LGUs absorptive capacities, through
preparation of guidelines, manuals for devolution,
and even developing various capability building
programs with appropriate institution also augurs well
for devolution.
Increasing the financial resources of LGUs still play a
very important and critical role where IRA is a major
source.
- Proposals to reconfigure IRA distribution
formula to eliminate bias in favor of cities and
conversely against provinces and municipalities
should be seriously considered
- Pending bills in Congress to amend Code
that would initially subtract cost of devolution
before computing IRA share of LGUs
 role of central government in distributing and
redistributing wealth and resources to favor the less
endowed LGUs.
There are also various innovations to increase and
stretch local resources.
- granting by LGC provisions of relatively
broader taxing powers to LGUs
- creative use by LGUs of powers available to
them
o revenue generation strategies such
as B-O-T method to build public markets and
facilities
o flotation of bonds to finance
construction of public housing
 Devolution and Local Autonomy is all about:
unleashing the creative powers and resources at the
local level towards the general objective of
developing self-reliance and lessen dependence
upon the central government (has been one reason
for the state of underdevelopment of local
government units in the Philippines)
Local government units in the Phils are undergoing
fundamental structural and ideological transformation
as a result of devolution, which may be better
appreciated if placed within the proper context.
The World BANK, Decentralization: Rethinking
Government, in World Development Report
1999/200: Entering the 21st Century 107-124 (1999)
Thesis: The success of decentralization (DC for
brevity) depends on its design.
The success (or failure) of DC affects:
1. Political Stability
 When a country is divided along geographic
or ethnic lines, DC provides an institutional
mechanism for bringing opposition groups
into a formal rule-bound bargaining process
(ex. South Africa and Uganda)
2.Public Service Performance
Arguments for DC...
 DC increases efficiency and responsiveness
of gov’t because...
 local elected leaders know their constituents
better than nat’l authorities
 physical proximity makes it easier for citizens
to hold local officials accountable for performance
 DC creates competition among local govts
(LG for brevity) to better satisfy citizen’s
needs if population is mobile.
...but supporting evidence is scanty because the
causal relationships are difficult to prove since...
 Govt’s perform various functions under various
circumstances
 efficiency and responsiveness can be hard to
measure
Thus, how DC affects access and quality of public
service depends on the way it is designed and
implemented. What LG can achieve depend on
resources and responsibilities they are given and the
power of National Governments (NG for brevity) to
override LG decisions.
3. Equity A decentralization program must adapt to the
Whether or not DC exacerbates income differences country’s prevailing conditions; however experience
depends on 2 factors: yields some universal lessons such as:
 the need for a coherent set of rules to replace the
1) Horizontal equity – the LGs capacity to
hierarchical system of governance.
generate funds so as to be able to
deliver an equivalent level of services to
A major challenge to DC is to instutionalize the
their population.
balance of power between the NG and LG. To
 As the cost of providing public service vary,
weather this challenge, oral or written rules must both
most decentralized fiscal systems include
protect and limit the rights of LG. Making these rules
equalization grants. A difficulty with these
explicit and reasonably permanent reduces
grants is that LG may differ in their
uncertainty and provides a common ground for all
willingness to raise taxes. Further, the grants
players in the political process. To be sustainable, it
create an incentive for LG to understate their
must be “self-enforcing”-all parties must believe
tax bases or relative wealth in order to
they have more to gain by adhering to the rules than
maximize transfers.
by breaking them.
2) Within-state equity – the LGs
3 Major categories/sets of Rules:
willingness to redistribute income w/in its
borders
a) Balancing political power
 In most countries, income inequality is due
between central and local
more to differences among individuals w/in a
interests
province than among the provinces. Thus,
even dramatic redistribution across regions
Since the rules governing the LG and NG are almost
will have limited results unless targeting is
always established generally by the NG, the balance
improved within regions themselves. This, in
between them is dependent on the influence of
turn, depends on the ability and willingness
regional interests on the NG. The stability of such
of LG to engage in redistribution, because
balance hinges on the designs of institutions that
studies show local officials and community
make it in the interest of the LG and NG to cooperate
groups are better placed to identify and reach
with each other.
the poor than the NG. Studies also show
that LG differ in their responsiveness to the
 Moderating regional influence on the NG
needs of the poor.
Such influence is dependent on 2 factors:
1. the way regional interests are
Thus, the success in targeting the poor
incorporated in the national
requires a combination of national and
legislature w/c determines a LG’s
subnational efforts. Generally, the bulk of the
ability to pressure the NG to change
funding needs to remain a NG responsibility,
the rules
but the better information available to local
electoral arrangements matter
officials can be tapped by involving LG in the
2. strength of the national executive
delivery and management of social services.
which influences the NG ability to
But NG needs to retain a monitoring role to
withstand such pressure
ensure that redistributive goals are satisfied.
depends on:
a) the strength of the chief executive
4. Macroeconomic stability
and whether a clear majority
 Fiscal DC reduces the NG control over public
emerges in parliament; and
resources. Deficit spending by LG can also
b) the electoral system
thwart NG efforts to cool the economy by
restraining public expenditure.
 Creating incentives for NG and LG to
 When revenues are decentralized before
cooperate
expenditure responsibilities, NG are forced to
Political parties play a crucial and often
maintain spending level w/in a smaller
underestimated role in this process (ex. US and
resource base, resulting in large NG deficits.
Germany vs Canada).
By separating taxing and spending powers
LG incurs only a fraction of the political and
Institutions can be designed to promote a
financial costs of their expenditure.
commonality of interests. The electoral system and
the resulting party structure determine the degree to
From centralized to decentralized governance
w/c the political system is nationally integrated.
Note, there is no single best way to divide national
political power between NG and LG. Nor can single
const’l provision ensure that that NG and LG elites
will find it in their interest to cooperate. But whatever
the system is adopted, it must not make the NG a
prisoner of LG interests.
b) The structure, functions and resources
of LGs
Structure and functions
Fiscal Federalist framework and its
practical limits
This traditional approach calls for a LG structure
with several tiers, with each tier delivering those
services that provide benefits or those residing in
the jurisdiction.
This model identifies 3 roles for the public sector:
macroeconomic stabilization, income redistribution
and resource allocation [in case of market failure].
The model assigns the stabilization role to the NG
because it controls monetary policy and has more
scope to use fiscal policy than LG. It also assigns
income redistribution to NG since local attempts
would result in inefficient population movements.
The model assigns a significant role to LGs in
allocating resources because local politics can
approximate the efficiencies of a market in the
allocation of local public services.
Recent literature has recognized that while the NG
should continue funding and designing
redistribution efforts, LG are often in a good
position to implement and administer standardized
national policies.
2 practical obstacles: 1) in developing countries
where land and labor markets may not function
well and the democratic tradition is in its infancy, it
is unrealistic to assume that people can move
easily between jurisdictions or make their voices
heard; 2) establishing separate tiers of service is
costly and poses serious coordination problems.
The structure of LG
Although the appropriate number of tiers of
government and jurisdiction in each country varies
depending on its characteristics, all countries face the
same trade-off between representation and cost.
Trends in mature decentralized countries is the
reduction of the number of subnational units, largely
on the grounds of efficiency and cost. Among poor
countries, the trend is otherwise perhaps in part
because a block grant available to each LG creates
an incentive to divide jurisdictions.
Clarifying the allocation of functions and allowing for
shared functions
Providing services centrally creates economies of
scale and captures externalities but at the cost of
imposing a common policy on populations with varied
preferences and priorities. This trade-off, w/c is the
basis of the fiscal federalist approach, guides some
of the choices that must be made in allocating
functions.
Such responsibility-sharing arrangements are
complex. But they work well when they are clear and
each tier’s responsibilities are relatively well-defined,
and when the regulatory framework anticipates that
LGs are sometimes NG agents and sometimes
principals acting on their own. Without clarity and an
appropriate regulatory framework, there can be no
accountability.
Assigning and controlling resources
It may perhaps be the thorniest issue in DC,
experience nevertheless provides 2 lessons in this
area:
1) LG needs resources commensurate with their
responsibilities
2) LG authorities must operate under firm budget
constraints, so that they do not spend or borrow
excessively in the expectation of a NG bailout
Guiding principle: finance should follow function
because not only should resources be commensurate
with what they fund, but also because the type of
revenue used affects consumer behavior and results
in different patterns of incidence.
Overall, the appropriate structure of subnational
finance depends on the functions that have been
assigned to each tier of government.
Certain forms of taxation are appropriate for financing
local services with benefits that cant be confined to
individual consumers and must fall on residents of
the jurisdiction and be a direct tax (ex. realty tax). But
direct taxation in developing countries often yield
limited revenues. The income tax is of limited use
where most of the economy operates informally. To
compensate, most rely on various forms of business
taxation, which are politically easier to impose since
the effects are hidden in the price of goods. Overall
subnational taxes are seldom a large share of
subnational revenues although there is scope in
improving local revenue collection.
The role of transfers
Their design is a critical factor in DC.
Transfers are needed to fund services LG provides
on behalf of the NG while local revenues ideally
scover local expenditure. Governments can use
transfers to influence the sectoral pattern of local
expenditure by earmarking or disbursing transfers in
the form of matching grants.
3 variables: 1) amount to be distributed, 2) criteria for
distributing transfers among jurisdictions, 3)
conditionaities imposed on the use transfers.
Transfers should be designed according to their
objectives. Those intended to finance functions that
the municipal government is performing on behalf of
the NG should be earmarked. In practice, most
transfers take the form of block grants.
Some basic principles are applicable to all types of
transfers: Transfers should be determined as openly,
transparently and objectively as possible. They
should be kept reasonably stable from year to year
so that LG can plan their budgets. And they should
be distributed on the basis of predetermined rules.
This eliminates the uncertainty and bargaining that
often plague intergovernmental fiscal relations.
Controlling subnational debt
In principle, subnational borrowing is a private
transaction but the NG is often drawn reluctantly into
the transaction because of its responsibility for the
stability of the financial system.
An alternative to private financing is for the NG to
provide long term credit, but the repayment record is
poor. Loan allocation tends to become politicized
while debt collection is lax, with national taxpayers
ultimately bearing the burden.
Generally, private financing is either already the
primary sources of LG credit or is meant to eventually
replace NG financing. This requires developing
means to protect the NG and the national financial
system from exposure to excessive subnational debt.
4 approaches:
1) market discipline
 To be effective, a laissez-faire approach requires
that a number of conditions hold-the most
important being the credibility of the NG
commitment not to intervene. It also requires
avoiding situations in which the NG would be
forced to intervene.
2) cooperation between LG and NG to decide what
constitutes an appropriate level of indebtedness
3) direct regulation of subnational borrowing
 Subject to political bargaining and are generally
at odds with the end towards DC. Also, they
make it even more difficult for the CG to refuse
to intervene and rescue LG. But administrative
controls are appropriate for external borrowing
because a LG behavior on the intl market could
have contagion effects on the ratings of other
national borrowers and because managing the
external debt is the macroeconomic
responsibility of the NG.
4) Rule-based controls (ex. ceilings on debt service
ratios)
 more transparent and less subject to political
interference especially when they set global
limits that mimic markets.
 Fundamentally however, rules and control will be
ineffective unless accompanied by market
discipline and a credible no-bailout pledge by
the NG.
Central regulation of LG
When NG in decentralizing countries tend to
compensate for their loss of direct control by steeping
up their regulation of LG tends to be
counterproductive if NG with limited knowledge of
local conditions micromanage local functions of if
they impose costs they are not prepared to finance.
Personnel matters are one area in which central
regulation is undesirable. If a NG is concerned about
nepotism or overstaffing at local levels, it can address
them in other ways. But NG involvement in personnel
matters also reflects the power of public sector
unions and their ability to organize nationally.
NG regulation remain appropriate in a wide range of
other circumstances. When LG act as agents of the
NG, regulation and monitoring are needed to enforce
national mandates and standards. Regulation is also
essential to ensure validity of the local electoral
process and to address conflicts between units of
subnational government. But a free press, improved
access to information, the growth of democracy at
subnational levels and the increasing ability of local
interest groups to monitor LG performance decrease
the need for central regulation.
c) Making LG accountable
3 sets of complementary measures should be
pursued:
1. Adopting effective electoral rules
Making elections highly visible events, facilitating
participation and demonstrating that votes matter will
affect electoral outcomes in any society.
a) rules to improve visibility, participation, and
expected payoffs
Hold concurrent local and national elections, although
this approach carries with it the risk of national issues
overshadowing local concerns
Mayor or governor elected directly by the whole
constituency, while state assembly members or
municipal councilors are elected by district or
neighborhoods.
b) rules that promote effective governance
Effective governance requires stable coalitions and
an executive with reasonably strong and clear
powers
Majority voting rather than proportional represenation
Separating executive and legislative branches of LG
and electing the chief executive directly
2. Harnessing civil society
a) Civil society and formal political
participation
Dependent on the strength of community
organizations and their ability to organize
Local officials must be willing to tap them
Civil society’s formal participation has its limits: Active
civic organizations are need to draw on local
traditions; not always effective and may only reflect
the views of a narrow segment of the population.
b) Civil society and political parties
Once democratic movements achieve their
immediate goals, the civic energy that fueled them
often dissipates. Political parties can help maintain a
continuing link between civil society and government.
Parties aggregate the demands of a dispersed
population, represent political interests, recruit and
train new candidates for office, ensure electoral
competition, and form governments. They can help
organize minorities and the poor and facilitate their
participation in the formal electoral process.
3. Developing an effective local
administration
Both NG and LG can take measures to improve the
effective ness of local administration: 1) When NG
has decentralized responsibilities, it can also devolve
the appropriate staff; 2) LG should be free to hire, fire
and offer appropriate packages so that they can
attract capable local officials; 3) Privatization can
reduce the number of skilled administrators needed
by LG since privatized services require only
monitoring and regulation.
Decentralization itself, by giving LG greater
responsibilities and control over resources will then
increase their incentives to invest further in their own
administrative capabilities.
Policies for the transition
DC typically takes place during periods of political
and economic upheaval. Even when DC occurs in a
less dramatic context, questions of timing and
strategy still arise
Synchronizing the elements of reform
The recent history of DC illustrates the dangers of not
sequencing appropriately.
1. Put expenditure and revenue rules in place before
political liberalization
2. Decentralize a function and its corresponding
revenue source simultaneously
3. Decentralize the needed management controls
Demonstrating the hard budget constraint
NG must demonstrate early on that they are
committed to imposing a hard budget constraint on
LG. The mere possibility of NG bailout can prompt
excess spending and deficit financing at the
subnational level.
What lessons for the future?
A system based on rules produces better results than
one that is not. Explicit rules setting out the division of
functional responsibility among levels of government
reduce ambiguity and increase political
accountability. They also provide a framework within
which interest groups can compete and negotiate
without resorting to violence
Some rules work better than others. Revenues need
to be decentralized at the same time as expenditures
so that finance follows function. A “hands-off” attitude
when LG defaults on their loans may be more
important in controlling debt than the most
comprehensive set of regulations and controls.
LG with multiple tiers and many small units are likely
to have high administrative overhead costs.
Fusion Sex (Herb Goldberg, Hazards of Being Male)
Recently I have been exploring the possibility of
different kinds of intensities of male orgasms and
sexual experiences. I brought the issue up at a
marathon psychotherapy session two years ago and
discovered that not all but a number of men had
experienced what I have come to term “fusion sex.”
The experience of fusion sex is one of an intense,
totally un-self-conscious sexual coming together
during which the male is not focusing on or aware of
having sex per se but is simply a part of a wholly
spontaneous, ecstatic union or fusion with the
female, one that often brings him to tears of joy.
In fusion sex there is the phenomenon of a seemingly
endless potency, lasting sometimes for an entire
weekend or several days during which time he
remains in bed making love continually. Men who
have reported fusion sex to me describe the
phenomenon of ejaculating and then almost
immediately becoming erect again. They may have as
many as twelve to fifteen orgasms during a
weekend’s experience of fusion sex. Indeed, the cup
overfloweth.
(to be continued…)
Local Government, Decentralization,
Autonomy
The Local Government Code
- Pimentel, (pp 13-17)
** Books, Titles, Chapters, and Sections provided
herein pertain to those in the Local Government
Code. Please refer accordingly.
Book I General Provisions
Title One: Basic Principles
Chapter 1. The Code: Policy and Application
Section 1
Comments:
1. Short Title: Section one is the short title of the
code. Its long title is An Act Providing for a Local
Government Code of 1991
2. Effectivity Date: Under Section 536, the code
shall take effect on January 1, 1992, after its
complete publication in at least one newspaper of
general circulation (Malaya)
3. Defn of Local Government Unit: is a political
subdivision of a nation or state which is
constituted by law and has substantial control of
local affairs
Section 2
Comments:
1. Reiteration of Constitutional Policies: It was
the intent of Congress that LGUs shall possess
genuine and meaningful local autonomy to
accelerate their fullest development as self-reliant
communities and make them more effective
partners in the attainment of national goals
2. Spirit of Liberty in Local Autonomy: Supreme
Court ruled in the case of San Juan v Civil
Service Commission (196 SCRA 69) that the
national officials should not only comply with the
constitutional provisions on local autonomy but
should also appreciate the spirit of liberty upon
which these provisions are based
3. Meaning of Autonomy: came from the Greek
language which means to live under one's own
laws. Applied to the Philippine situation, it means
the power of local government units to enjoy
limited self-government as defined by law.
4. Decentralization: The principle of autonomy
does not make local govt's sovereign within the
state. It simply means decentralization (Basco v
PAGCOR). It is a means to wean LGUs from
overdependence on the central government
However, Decentralization is more akin to
"Deconcentration" whereby central government
offices are transferred to regions but remain
under control of the central govt. Example:
regional offices
5. Devolution: this is the term that more closely
approximates what the Local Government Code
does for LGUs. It is defined by the code as "the
acts by which the National Government confers
power and authority upon the various LGUs to
perform specific functions and responsibilities"
 Process proceeds from National government to
LGUs. Hence, the devolution is made possible
without any intermediary.
 Devfolution of power does not stop at the level of
any one LGU. Rather, it seeps down to all levels.
Example: funds go directly to the barangay, not
through a municipal mayor or treasurer as was
the case before.
 Powers LGUs may exercise:
1) those expressly conferred
2) those implied from those expressly granted
3) those necessary, appropriate, or incidental
for efficient and effective governance
4) essential to the promotion of the general
welfare of their inhabitants
6. Accountable Local Officials: this section
emphasizes that local govt officials must be
accountable for their acts, otherwise they can be
recalled even during their term.
7. Initiative, Referendum, and Recall: These new
powers are now available to the people, being
exercised by registered voters residing within a
territory of an LGU under the circumstances
provided by the code.
8. Consultation Required: consultation is now
required before any project is implemented, not
only with the LGUs but also with the NGOs and
People's Organizations.
9. Mandatory Consultations: Not only central
government agencies but even government
owned or controlled corporations should undergo
such consultations (Art 54, Rules Implementing
the Local Government Code of 1991)
10. Ecology and Environment: The maintenance
and preservation of a sound ecological balance
and clean environment are salient concerns in
the code, tempering modernization and
development.
De Leon vs. Esguerra (1987)
Facts:
Pursuant to the Barangay Elections Act of
1982,barangay elections were held and De Leon was
elected as barangay captain, while other petitioners
were elected as barangay councilmen. De Leon
received a memorandum antedated Dec 1, 1986 but
signed by OIC Governor Esguerra on Feb 8, 1987
designating Magno as Brgy Capt of Brgy Dolores. a
similar memorandum was signed by the OIC
Governor for the replacement of the councilmen of
Brgy Dolores. Petitioners want these memoranda
declared null and void because there term has not
yet ended and becaue of the ratification of the 1987
Const, OIC had no longer authority to replace them
Repsondents aver that the terms of office of elective
and appointive officials were abolished and that
petitioners continued in office by virtue of a holdover
capacity and not because their term of 6 years had
not yet expired; and that the provision in the Brgy
Election Act providing for the 6-year term must be
deemed to have been repealed by Sec2 Art III of the
Provisional Constitution.
Held: The designations made by respondent were
not valid. The provision in the Provisional Constitution
must be deemed to have been overtaken by Section
27, Article XVIII of the 1987 Constitution. The 1987
Constitution was ratified in a plebiscite on February 2,
1987. By that date, thus, the Provisional Constitution
must be deemed to have been superceded. Hence,
the OIC Governor could no longer rely on a provision
of this superceded constitution to designate
respondents to the elective positions occupied by
petitioners. Petitioners must now be held to have
acquired security of tenure
Sarmiento dissents: the Constitution took effect on
February 11, 1987, not February 2, 1987.
San Juan vs. Civil Service Commission (1991)
Facts:
Gov. San Juan appointed Santos as Acting PBO
(Provincial Budget Officer) of Rizal Province and
informed DBM Reg.IV Dir. and asked him to endorse
the appointment. However, Dir. recommended the
appointment of Almajose as PBO since she is the
only CPA among the contenders. DBM Usec. signed
the appointment papers of Almajose w/out the
knowledge of Gov. San Juan. The new Reg. IV Dir.
informed Gov. San Juan that Santos was not
qualified and asked that he submit 3 other nominees.
However, Gov. San Juan learned of Almajoses’s
appointment by the Usec and filed a letter-protest
with the DBM Secretary. DBM ruled that letter-protest
is not meritorious. Motion for Recon was denied.
Thus, Gov. San Juan appealed to Civil Service
Commission (CSC) which issued a resolution
dismissing Gov. San Juan’s claim.
Held: The DBM cannot appoint anyone it wants when
the recomendee of the Governor is unqualified.
The issue involves the application of a most
important constitutional policy and principle, that of
local autonomy. The clear mandate on local
autonomy must be obeyed. Where a law is capable
of two interpretations, one in favor of centralized
power in Malacañang and the other beneficial to
local autonomy, the scales must be weighed in
favor of autonomy.
The exercise by local gov’t of meaningful power has
been a goal since the turn of the century.
When CSC interpreted the recommending power of
the Provincial Governor as purely directory, it went
against the letter and spirit of the constitutional
provisions on local autonomy. If the DBM Secretary
jealously hoards the entirety of budgetary powers and
ignores the right of local governments to develop self-
reliance and resoluteness in the handling of their own
funds, the goal of meaningful local autonomy is
frustrated and set back.
The DBM may appoint only from the list of qualified
recommendees nominated by the Governor. If none
is qualified, he must return the list of nominees to the
Governor explaining why no one meets the legal
requirements and ask for new recommendees who
have the necessary eligibilities and qualifications.
Ganzon vs. CA (1991)
Facts:
Series of administrative complaints (10) were filed
against Mayor Ganzon by various city officials
sometime in 1988. Mayor Ganzon answered and
cases were set for hearing (where a series of
postponements occurred). *Sec. Santos (of
Department of Local Government) issued several
consecutive preventive suspension orders. Ganzon
obviously complains saying that he was denied due
process and President has no power to
investigate/suspend local officials.
Held: The 1987 Constitution did not intend to divest
the legislature of its right, or the President of his
prerogative as conferred by existing legislation, to
provide administrative sanctions against local
officials. The deletion was meant to stress, sub
silencio, the objective of framers to strengthen local
autonomy by severing congressional control of its
affairs, as observed by CA, like the power of local
legislation… BUT it did nothing more. Insofar as
existing legislation authorizes the President (through
Sec of Local Government) to proceed against local
officials administratively, Consti contains no
prohibition.
Although President, through Sec Santos is not
precluded from exercising a legal power, it appears
that Santos is exercising it oppressively and with a
grave abuse of discretionby (a) inflicting on Ganzon
successive suspensions when he had sufficient time
to gather necessary evidence to build a case without
suspending him a day longer and (b) he has been
cracking down on Ganzon piecemeal – to pin him
down ten times (10complaints) when he could have
pursued a consolidated effort
RULES laid down by SC:
1. Local autonomy, under Consti, involves a
mere decentralization of administration, not of
power, in which local officials remain accountable
to the central government in the manner the law
may provide.
2. The new Consti does not prescribe
federalism.
3. The change in constitutional language
(w/respect to supervision clause) was meant to
deny legislative control over local governments; it
did not exempt the latter from legislative
regulations provided regulation is consistent with
the fundamental premise of autonomy.
4. Since local governments remain accountable
to the national authority, the latter may, and in the
manner set forth therein, impose disciplinary
action against local officials;
5. “Supervision” and “investigation” are not
inconsistent terms; “investigation” does not
signify “control” (which President does not have).
Basco vs. Pagcor (1991)
Facts:
Basco et al petition seeking to annul the Philippine
Amusement and Gaming Corporation (PAGCOR)
Charter (PD 1869). They claim that PD 1869 is
unconstitutional since it constitutes an intrusion and
waiver of Manila's right to impose taxes and license
fees, which is recognized by law; This is in
contravention of the constitutionally enshrined
principle of local autonomy;
Held: Their contention is without merit because: (a)
The City of Manila, being a mere Municipal
corporation has no inherent right to impose taxes.
Thus, "the Charter or statute must plainly show an
intent to confer that power or the municipality cannot
assume it". Its "power to tax" therefore must always
yield to a legislative act which is superior having been
passed upon by the state itself which has the
"inherent power to tax". (b) The Charter of the City of
Manila is subject to control by Congress. And if
Congress can grant the City of Manila the power to
tax certain matters, it can also provide for exemptions
or even take back the power. (c) The City of Manila's
power to impose license fees on gambling, has long
been revoked. (d) Local governments have no
power to tax instrumentalities of the National
Government [note this has already been dumped by
SC in later cases under local taxation]. The power of
local government to "impose taxes and fees" is
always subject to "limitations" which Congress may
provide by law. Since PD 1869 remains an
"operative" law until "amended, repealed or revoked"
(Sec. 3, Art. XVIII, 1987 Constitution), its "exemption
clause" remains as an exception to the exercise of
the power of local governments to impose taxes and
fees. It cannot therefore be violative but rather is
consistent with the principle of local autonomy.
Magtajas vs. Pryce Properties Corp. (1994)
Facts:
PAGCOR decided to expand its operations to
Cagayan de Oro city (CDO) for which it leased a
portion of a building owned by Pryce for the operation
of a casino. SP of CDO enacted ordinances (1)
prohibiting the issuance of business permit and
canceling existing business permit to any
establishment for the using and allowing to be used
its premises or portion thereof for the operation of a
casino and (2) prohibiting the operation of casino and
providing a penalty for violation thereof. Pryce and
PAGCOR assailed the ordinances before the CA. CA
declared ordinances invalid and issued writ of
prohibition.
Held: Enacted ordinances were invalid. For an
ordinance to valid: (1) it must not contravene the
constitution or any statute; (2) it must not be unfair
and oppressive; (3) it must not be partial or
discriminatory; (4) it must not prohibit but may
regulate; (5) it must be general and consistent with
public policy; (6) it must not be unreasonable. As to
the contention that it is allowed by Sec 458 to prohibit
all kinds of gambling, it must be noted that in Sec
458, since the word "gambling" is associated with
"and other prohibited games of chance," the word
should be read as referring only to illegal gambling
which, like other prohibited games of chance, must
be prevented or suppressed. Such interpretation is in
accordance with the rule of noscitur a sociis (a word
or phrase should be interpreted in relation to, or given
the same meaning of, words with which it is
associated.)
Further, implied repeals are not lightly presumed in
the absence of clear and unmistakable showing of
such intention. A reading of the entire repealing
clause would show that it painstakingly mentions the
specific laws or the parts thereof which are repealed
or modified by the LGC. PD 1869, which created
PAGCOR was not one of them. There is no sufficient
indication of an implied repeal of PD 1869 as later
laws (RA 7309 and RA 7648) even mentioned
PAGCOR as the source of its funding.
Local Governments, Administrative Regions,
Autonomous Regions
RA7227: An Act Accelerating The Conversion Of
Military Reservations Into Other Productive Uses,
Creating The Bases Conversion And
Development Authority For The Purpose,
Providing Funds Therefor And For Other
Purposes
SEC12. Subic Special Economic Zone. - Subject to
the concurrence by resolution of the sangguniang
panlungsod of the City of Olongapo and the
sangguniang bayan of the Municipalities of Subic,
Morong and Hermosa, there is hereby created a
Special Economic and Free-port Zone consisting of
the City of Olongapo and the Municipality of Subic,
Province of Zambales, the lands occupied by the
Subic Naval Base and its contiguous extensions as
embraced, covered, and defined by the 1974
Military Bases Agreement between the Philippines
and the United States of America as amended, and
within the territorial jurisdiction of the Municipalities
of Morong and Hermosa, Province of Bataan,
hereinafter referred to as the Subic Special
Economic Zone whose metes and bounds shall be
delineated in a proclamation to be issued by the
President of the Philippines. Within thirty (30) days
after the approval of this Act, each local
government unit shall submit its resolution of
concurrence to join the Subic Special Economic
Zone to the office of the President. Thereafter, the
President of the Philippines shall issue a
proclamation defining the metes and bounds of the
Zone as provided herein.
The abovementioned zone shall be subject to the
following policies:
xxx
(i) Except as herein provided, the local government
units comprising the Subic Special Economic Zone
shall retain their basic autonomy and identity. The
cities shall be governed by their respective charters
and the municipalities shall operate and function in
accordance with Republic Act No. 7160, otherwise
known as the Local Government Code of 1991.
SEC14. Relationship with the Conversion
Authority and the Local Government Units. - (a)
The provisions of existing laws, rules and
regulations to the contrary notwithstanding, the
Subic Authority shall exercise administrative
powers, rule-making and disbursement of funds
over the Subic Special Economic Zone in
conformity with the oversight function of the
Conversion Authority. cdtai (b) In case of conflict
between the Subic Authority and the local
government units concerned on matters affecting
the Subic Special Economic Zone other than
defense and security, the decision of the Subic
Authority shall prevail.
Some Horror Movie Quotes:
They will say that I have shed innocent blood. What's
blood for, if not for shedding? (Candyman)
Here we go, the world is spinning. When it stops, it's
just beginning. Sun comes up, we laugh and we cry.
Sun goes down, and then we all die. (The Ring)
Kincaid: "I'll see you in hell."
Freddy:"Tell 'em Freddy sent ya." (a nightmare on
Elmstreet 4)
Local Governments, Administrative Regions,
Autonomous Regions
Abbas vs. COMELEC (1989)
Facts:
Abbas et. al. prayed that (1) the COMELEC be
enjoined from conducting the plebescite and the
DBM from releasing funds for said purpose; and (2)
RA 6734 (ARMM act) be declared unconstitutional.
Held: RA 6734 is constitutional.
Petitioners’ allegation that RA 6734 is unconstitutional
because it unconditionally creates an autonomous
region in Muslim Mindanao is untenable since Art 2
Sec 1 itself refers to Sec 18 Art X of Const
which sets forth the conditions necessary for the
creation of the autonomous region. Also there is a
specific provision in the law's transitory provisions
which incorporates substantially the same
requirements embodied in the Consti. These clearly
indicate that the creation of the same shall take
place only in accord with the constitutional provisions.
The creation of the autonomous region is made to
depend on the will of the majority in each of the
constituent units. Such is clearly the intention of the
framers for if they intended to get the majority of the
votes cast, they would simply have adopted the same
phraseology as that used for the ratification of the
Const where the phrase "by the constituent units" is
not found.
As to petitioner’s allegation that Congress has
expanded the scope of ARMM which const itself
prescribed to be limited, this is a political issue. Any
review of such would have to go into the wisdom of
the law which is violative of the principle of separation
of powers.
As to the allegation that ARMM Act violates the
exercise of free Religion, there is no actual
controversy between the litigants exist therefore the
Court cannot be called upon to resolve what is
merely perceived as a potential conflict between the
provisions of the muslim code and national law.
As to the allegation that it grants the President the
power not conferred by the Constutution, what is
referred to in RA 6734 is the merger of administrative
region which are not territorial and political
subdivisions. While the power to merge
administrative regions is not expressly provided for in
the Consti, it is a power which has been traditionally
lodged with the President to facilitate the exercise of
the power of general supervision over local
governmnets.
Further, the questioned provision requiring an
oversight committee does not provide for a different
date of effectivity. Neither would it be an impediment
as its creation is aimed at effecting a smooth
transition period for the regional government.
Chiongbian vs. Orbos (1995)
Facts:
ARMM Act, called for a plebiscite to be held. In the
plebiscite held, 4 provinces (Lanao del Sur,
Maguindanao, Sulu and Tawi-Tawi) voted in favor of
creating an autonomous region. In accordance with
the constitutional provision, these provinces became
the ARMM. Pursuant to a provision in the ARMM Act
those who voted against shall remain in the existing
administrative regions: Provided, however, that the
President may, by administrative determination,
merge the existing regions. Pursuant to the authority
granted by this provision, Pres. Aquino issued an
E.O. that reorganized the administrative regions of
Mindanao. The petitioners who were members of
Congress representing the various legislative districts
involved in the plebiscite, wrote Pres. Aquino
protesting E.O. No. 429. As their protest went
unheeded, petitioners brought this suit for certiorari
and prohibition.
Held: The power to merge administrative regions is
an executive function. Thus the creation and
subsequent reorganization of administrative regions
have been by the President pursuant to authority
granted to him by law. In conferring on the President
the power to merge by administrative determination
the existing regions following the establishment of
ARMM, Congress merely followed the pattern set in
previous legislation dating back to the initial
organization of administrative regions in 1972. While
the power to merge administrative regions is not
expressly provided for in the Constitution, it is a
power which has traditionally been lodged with the
President to facilitate the exercise of the power of
general supervision over local governments. (Abbas
v. COMELEC). The regions themselves are not
territorial and political divisions like provinces, cities,
municipalities and barangays but are mere groupings
of contiguous provinces for administrative purposes.
The power conferred on the President is similar to the
power to adjust municipal boundaries which has
been described as "administrative in nature."
There was a standard to guide President’s discretion.
A legislative standard need not be expressed. It may
simply be gathered or implied. Nor need it be found in
the law challenged because it may be embodied in
other statutes on the same subjects as that of the
challenged legislation.
With respect to the power to merge existing
administrative regions, the standard is to be found in
the same policy underlying the grant to the President
in R.A. No. 5435 of the power to reorganize the
Executive Department: "to promote simplicity,
economy and efficiency in the government to enable
it to pursue programs consistent with national goals
for accelerated social and economic development
and to improve the service in the transaction of the
public business."
Indeed, as the original 11 administrative regions were
established in accordance with this policy, it is logical
to suppose that in authorizing the President to
"merge by administrative determination the existing
regions" in view of the withdrawal from some of those
regions of the provinces now constituting the
Autonomous Region, the purpose of Congress was to
reconstitute the original basis for the organization of
administrative regions.
Cordillera Broad Coalition vs. COA (1990)
Facts:
After the 1996 EDSA Revolution, Balweg, broke off
on ideological grounds from the CPP-NPA. After
President Aquino was installed into office, she
advocated a policy of national reconciliation. The
Cordillera People’s Liberation Army (CPLA) heeded
this call. Aqiuno and Balweg arrived at a joint
agreement to draft an Executive Order to create a
preparatory body that could perform policy-making
and administrative functions and undertake
consultations and studies leading to a draft organic
act for the Cordilleras. Pursuant to the joint
agreement, E.O. 220, creating the Cordillera
Administrative Region (CAR) was signed into law.
During the pendency of this case, R.A. No. 6766
(Organic Act of CAuR) was enacted and signed into
law. The Act recognizes the CAR and the offices and
agencies created under E.O. No. 220 and its
transitory nature is reinforced. Petitioners contend
that the issuance of the EO pre-empted Congress’
task.
Held: NO.
EO 220 does not create the autonomous region
contemplated in the Constitution. It merely provides
for transitory measures in anticipation of the
enactment of an organic act and the creation of an
autonomous region. In short, it prepares the ground
for autonomy. This does not necessarily conflict with
the provisions of the Constitution on autonomous
regions. The complex procedure for the creation of
an autonomous region in the Cordilleras will take
time. The President, in 1987 still exercising legislative
powers, as the first Congress had not yet convened,
saw it fit to provide for some measures to address the
urgent needs of the Cordilleras in the meantime that
the organic act had not yet been passed and the
autonomous region created. These measures are in
E.O. No. 220, and they do not violate the
Constitution.
The bodies created by E.O. No. 220 do not supplant
the existing local governmental structure, nor are
they autonomous government agencies. They merely
constitute the mechanism for an "umbrella" that
brings together the existing local governments, the
agencies of the National Government, the ethno-
linguistic groups or tribes, and NGOs in a concerted
effort to spur development in the Cordilleras.
Neither did E.O. 220 contravene the Constitution by
creating a new territorial and political subdivision. The
CAR is not a public corporation or a territorial and
political subdivision. It does not have a separate
juridical personality, unlike provinces, cities and
municipalities. Neither is it vested with the powers
that are normally granted to public corporations (the
power to sue and be sued, the power to own and
dispose of property, the power to create its own
sources of revenue, etc.). The CAR was created
primarily to coordinate the planning and
implementation of programs and services in the
covered areas.
The CAR is in the same genre as the administrative
regions created under the Reorganization Plan, albeit
under E.O. No. 220. The operation of the CAR
requires the participation not only of the line
departments and agencies of the National
Government but also the local governments, ethno-
linguistic groups and NGOs in bringing about the
desired objectives and the appropriation of funds
solely for that purpose.
Ordillo vs. COMELEC (1990)
Facts:
A plebiscite was conducted in the provinces of
Benguet, Mountain Province, Ifugao, Abra and
Kalinga-Apayao and Baguio City cast their votes in a
plebiscite pursuant to R.A. No. 6766 (Oragnic Act of
CAR). The COMELEC results of the plebiscite
showed that only the Ifugao Province wanted the
CAR. DOJ Sec. issued a memorandum for the
President reiterating the COMELEC resolution and
provided that since only the provinces and city voting
favorably shall be included in the CAR, the province
of Ifugao being the only province which voted
favorably will alone, legally and validly constitute the
CAR. Ordillo et. al, then, complains.
Held: Ifugao cannot be the CAR alone.
The keywords in Art. X, Sec. 15, (Const) —
provinces, cities, municipalities and geographical
areas connote that "region" is to be made up of more
than one constituent unit. The term "region" used in
its ordinary sense means 2 or more provinces. This is
supported by the fact that the 13 regions into which
the Philippines is divided for administrative purposes
are groupings of contiguous provinces. Ifugao is a
province by itself. To become part of a region, it must
join other provinces, cities, municipalities, and
geographical areas. It joins other units because of
their common and distinctive historical and cultural
heritage, economic and social structures and other
relevant characteristics. The Constitutional
requirements are not present in this case.
 There is no Cordillera Autonomous Region yet
since 2 plebiscites rejected it, but the Cordillera
Administrative Region is still existent. Kalinga-
Apayao is now the provinces of Kalinga and Apayao.
Effectivity of the Code
Sec5, LGC: Rules of Interpretation – In the
interpretation of the provisions of this Code, the
following rules shall apply:
xxx
(d) Rights and obligations existing on the date of
effectivity of this Code and arising out of contracts
or any other source of prestation involving a local
government unit shall be governed by the original
terms and conditions of said contracts or the law in
force at the time such rights were vested; and
xxx
Sec536, LGC: Effectivity Clause – This Code shall
take effect on January 1st, 1992, unless otherwise
provided herein, after its complete publication in at
least (1) newspaper of general circulation.

Evardone vs. COMELEC (1991)
Facts:
In 1990, COMELEC issued Resolution No 2272
embodying rules and regulations on the recall of
elective provincial, city, and municipal officials.
Pursuant to the rules under Resolution No. 2272,
COMELEC issued Resolution No. 90-0557 approving
Election Registrar's recommendation to hold siging of
petition for recall of Mayor Evardone. Evardone filed
before the SC petition for prohibition. His ground: Art
X, Section 3 of the 1987 Consti repealed BP Blg 337
(Local Government Code) in favor of one TO BE
ENACTED by Congress. Since there was no LGC
during the period material to the case, COMELEC
has no basis to promulgate Resolution No.2272 and
the recall proceedings are premature.
HELD: Resolution is constitutional. ART XVIII,
Section 3 of the 1987 Constitution provides that all
existing laws not inconsistent with the Constitution
shall remain operative until amended, repealed, or
revoked. On the other hand, the Local Government
Code of 1991 will take effect only on January 1,
1992. Hence BP Blg. 337 is still the law applicable to
the present case. BP 337 contains no special
provision on the manner of conducting elections of
the recall of local officials. Thus, pursuant to the rule-
making power vested in COMELEC, it promulgated
Resolution No. 2272 in 1990.
Secretary of Health vs. CA (1995)
Facts:
Administrative complaint was filed with the DOH
against private respondent Administrative Officer
Sibbaluca for grave misconduct, dishonesty, etc.
Consequently, she was put under preventive
suspension for 90 days. Pending the resolution of her
motion to lift suspension, she instituted an action
seeking the nullification of the entire administrative
proceedings. She claims that when the new Local
Government Code of 1991 was enacted, the
Secretary of Health had lost his disciplinary powers
and authority over her. Such power to discipline the
personnel of the Provincial Health Officer is now
vested in the Provincial Government.
Held: NO. Jurisdiction is determined by the statue in
force at the time of the commencement of the action.
The LGC of 1991 took effect on January 1, 1992. In
the case at bar, Sibbaluca was administratively
charged in 1991. The operative laws then were the
Administrative Code of 1987 and EO 119. Under
these laws, the Secretary of Health exercises control,
direction and supervision over his subordinates,
which includes private respondent.
Fusion sex (part2)
The common ingredients to fusion sex that men who
have experienced it describe are:
1) The man either recently has left a long-standing
though frustrating sexual relationship or has been
looking for a truly satisfying one without success for
a long time. In a word, he is ripe.
2) The fusion sex relationship is not predicated on a
future potential. Neither party has long-range
designs on the other. The woman may be married
and intending to return to her husband or living in
another part of the country or world and planning to
go back shortly. In other words, there are serious
obstacles to permanency, the future is highly
uncertain, and therefore the relationship is totally
now.
3) The male is flooded with and able to experience
and express long-repressed feelings that never or
very rarely emerge. That is, during fusion sex he is
able to cry in sadness, to experience his loneliness, to
cling, to be passive, to enjoy feeling beautiful and to
be totally transparent about his fantasies, his feelings,
his past, and his future aspirations. In short, he is
temporarily whole, reunited with long lost parts of
himself.
4) The male senses a real challenge. He has found his
“magic lady” who is not free or readily available and
he is totally expressive in his pursuit and desire for
her.
(to be continued)
Part II: Book I: General
Provisions
Title One: Basic Principles
A. Policy and Application
Sec1, LGC: Title – This Act shall be known and cited
as the “Local Government Code of 1991”.
Sec2, LGC: Declaration of Policy –
(a) It is hereby declared the policy of the State that
the territorial and political subdivisions of the
State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest
development as self-reliant communities and
make them more effective partners in the
attainment of national goals. Toward this end,
the State shall provide for a more responsive
and accountable local government structure
 instituted through a system of decentralization
whereby local government units shall be given
more powers, authority, responsibilities, and
resources. The process of decentralization
shall proceed from the National Government to
the local government units.
(b) It is also the policy of the State to ensure the
accountability of local government units
through the institution of effective mechanisms
of recall, initiative and referendum.
(c) It is likewise the policy of the State to require all
national agencies and offices to conduct
periodic consultations with appropriate LGUs,
nongovernmental and people’s organizations,
and other concerned sectors of the community
before any project or program is implemented
in their respective jurisdictions.
Sec3, LGC: Operative Principles of
Decentralization – The formulation and
implementation of policies and measures on local
autonomy shall be guided by the following
operative principles:
(a) There shall be an effective allocation among
the different LGUs of their respective powers,
functions, responsibilities, and resources;
(b) There shall be established in every LGU an
accountable, efficient, and dynamic
organizational structure and operating
mechanism that will meet the priority needs
and service requirements of its communities;
(c) Subject to civil service law, rules and
regulations, local officials and employees paid
wholly or mainly from local funds shall be
appointed or removed, according to merit and
fitness, by the appropriate appointing authority;
(d) The vesting of duty, responsibility, and
accountability in LGUs shall be accompanied
with provision for reasonably adequate
resources to discharge their powers and
effectively carry out their functions; hence, they
shall have the power to create and broaden
their own sources of revenue and the right to a
just share in national taxes and an equitable
share in the proceeds of the utilization and
development of the national wealth within their
respective areas;
(e) Provinces with respect to component cities and
municipalities, and cities and municipalities
with respect to component barangays, shall
ensure that the acts of their component units
are within the scope of their prescribed powers
and functions;
(f) LGUs may group themselves, consolidate or
coordinate their efforts, services, and resources
for purposes commonly beneficial to them;
(g) The capabilities of LGUs, especially the
municipalities and barangays, shall be
enhanced by providing them with opportunities
to participate actively in the implementation of
national programs and projects;
(h) There shall be a continuing mechanism to
enhance local autonomy not only by legislative
enabling acts but also by administrative and
organizational reforms;
(i) LGUs shall share with the National
Government the responsibility in the
management and maintenance of ecological
balance within their territorial jurisdiction,
subject to the provisions of this Code and
national policies;
(j) Effective mechanisms for ensuring the
accountability of LGUs to their respective
constituents shall be strengthened in order to
upgrade continually the quality of local
leadership;
(k) The realization of local autonomy shall be
facilitated through improved coordination of
national government policies and programs
and extension of adequate technical and
material assistance to less developed and
deserving LGUs;
(l) The participation of the private sector in local
governance, particularly in the delivery of basic
services, shall be encouraged to ensure the
viability of local autonomy as an alternative
strategy for sustainable development; and
(m) The National Government shall ensure that
decentralization contributes to the continuing
improvement of the performance of LGUs and
the quality of community life.
Sec4, LGC: Scope of Application – This Code shall
apply to all provinces, cities, municipalities,
barangays, and other political subdivisions as may
be created by law, and, to the extent herein
provided, to officials, offices, or agencies of the
National Government.
Sec5, LGC: Rules of Interpretation – In the
interpretation of the provisions of this Code, the
following rules shall apply:
(a) Any provision on a power of a LGU shall be
liberally interpreted in its favor, and in case of
doubt, any provision thereon shall be resolved
in favor of devolution of powers and of the
lower LGU. Any fair and reasonable doubt as to
the existence of the power shall be interpreted
in favor of the LGU concerned;
(b) In case of doubt, any tax ordinance or revenue
measure shall be construed strictly against the
LGU enacting it, and liberally in favor of the
taxpayer. Any tax exemption, incentive or relief
granted by any LGU pursuant to the provisions
of this Code shall be construed strictly against
the person claiming it;
(c) The general welfare provisions in this Code
shall be liberally interpreted to give more
powers to LGUs in accelerating economic
 development and upgrading the quality of life
for the people in the community;
(d) Rights and obligations existing on the date of
effectivity of this Code and arising out of
contracts or any other source of prestation
involving a LGU shall be governed by the
original terms and conditions of said contracts
or the law in force at the time such rights were
vested; and
(e) In the resolution of controversies arising under
this Code where no legal provision or
jurisprudence applies, resort my be had to the
customs and traditions in the place where
(f) the controversies take place.
Greater Balanga Development Corporation
(GBDC) vs. Municipality of Balanga (1994)
Facts:
GBDC applied with the Office of the Balanga Mayor
for a business permit its property, certain portions of
which as been "unlawfully usurped and invaded" by
Balanga, which had "allowed/tolerated/abetted" the
construction of shanties and market stalls while
charging market fees and market entrance fees from
the occupants and users of the area. Mayor issued a
Mayor's Permit granting GBDC the privilege of a "real
estate dealer/privately-owned public market operator"
under the registered trade name of Balanga Public
Market.
However, the Sangguniang Bayan passed a
Resolution annulling the Mayor's permit issued to
GBDC and advising the Mayor to revoke the permit.
Mayor revoked the permit insofar as it authorized the
operation of a public market. GBDC filed this petition
claiming that it had not violated any law/ordinance,
thus there’s no reason to revoke the Mayor's permit.
The EO and the resolution in question were quasi-
judicial acts and not mere exercises of police power.
Respondent also failed to observe due process in
revoking the permit. Balanga argues that Mayor may
issue, deny or revoke municipal licenses and permits.
Resolution and EO were legitimate exercise of local
legislative authority. GBDC violated Section 3A-06(b)
of the Balanga Revenue Code when it failed to
disclose the true status of the area involved in the
permit when it did not secure separate permits for its
two businesses.
Held: No. There was no ground for revocation. The
application for Mayor's permit requires the applicant
to state what type of business, profession, occupation
and/or calling privileges is being applied for.
Petitioner left this entry bank in its application form.
Leaving an entry blank is not equal to false
statement. There must be proof of willful
misrepresentation and deliberate intent to make a
false statement. The absence of the material info in
the application form was nonetheless supplied in the
face of the permit signed and issued by Mayor
Banzon himself.
Applying for two businesses in one permit is also not
a ground for revocation. Par 2 Section 3A-06(b) does
not expressly require two permits for their conduct of
two or more businesses in one place, but only that
separate fees be paid for each business. The
powers of municipal corporations are to be
construed in strictissimi juris (strictly in its legal
terms) and any doubt or ambiguity must be
construed against the municipality Granting,
however, that separate permits are actually required,
the application form does not contain any entry as
regards the number of businesses the applicant
wishes to engage in.
 Balanga case and Section 5 (a) conflict. Neither
will it fall under Section 5 (b) unless the business
permit is a revenue measure. Then again , the trend
of SC is to limit the LGC.
Tano vs. Socrates (1997)
Facts:
Sangguniang Panlunsod of Puerto Princesa enacted
an Ordinance banning the shipment of all live fish
and lobster outside Puerto Princesa for 5 years. To
implement this, Acting City Mayor issued Office Order
No. 23. Next, the SP of Palawan enacted SR No.33
and Ordinance No. 2 series of 1993 prohibiting the
catching, gathering, possessing, buying, selling and
shipment of live marine coral dwelling aquatic
organisms in and coming from Palawan waters for 5
years. The respondents implemented the said
ordinances depriving all the fishermen of the whole
province of Palawan and the City of Puerto Princesa
of their only means of livelihood and the petitioners
Airline Shippers Association of Palawan and other
marine merchants from performing their lawful
occupation and trade. Hence, this petition
Held: Resolution and ordinances are valid. It is
settled that laws, including ordinances enacted by
local government units enjoy the presumption of
constitutionality. To overthrow this presumption, there
must be a clear and unequivocal breach of the
Constitution, not merely a doubtful or argumentative
contradiction. Petitioners’ argument the Constitution
and applicable laws were violated by the ordinances
is baseless. The ordinances in question are meant
precisely to protect and conserve our marine
resources to the end that their enjoyment may be
guaranteed not only for the present generation, but
also for the generations to come. Moreover, Section
5(c) of the LGC explicitly mandates that the general
welfare provisions of the LGC "shall be liberally
interpreted to give more powers to the local
government units in accelerating economic
development and upgrading the quality of life for the
people of the community." The centerpiece of
LGCode is the system of decentralization as
expressly mandated by the Constitution.
Indispensable to decentralization is devolution and
the LGCode expressly provides that "any provision
on a power of a local government unit shall be
liberally interpreted in its favor, and in case of doubt,
any question thereon shall be resolved in favor of
devolution of powers and of the lower local
government unit. Any fair and reasonable doubt as to
the existence of the power shall be interpreted in
favor of the local government unit concerned."
CONCURRING OPINION: Mendoza
There is no basis for the claim in the dissenting
opinion that the subject of these ordinances lies
within the competence of the national government.
For the matter concerns a local problem, namely, the
destruction of aquatic resources in the Province of
Palawan. It would therefore set back the policy of
decentralization were this Court to sustain such a
claim.
The presumption of constitutionality must prevail in
the absence of some factual foundation of record for
overthrowing the statute.
If the laws passed are seen to have a reasonable
relation to a proper legislative purpose, and are
neither arbitrary nor discriminatory, the requirements
of due process are satisfied and judicial
determination to that effect renders a court functus
officio.
DISSENT: Bellosillo
In Magtajas v. Pryce Properties Corporation, well-
established tests of a valid ordinance are:
(a) It must not contravene the Constitution or
any statute;
(b) It must not be unfair or oppressive;
(c) It must not be partial or discriminatory;
(d) It must not prohibit but may regulate trade;
(e) It must be general and consistent with public
policy; and
(f) It must not be unreasonable.
The SP of Puerto Princesa lack the authority of
enacting the Ordinance since the subject is within the
jurisdiction and responsibility of the Bureau of
Fisheries and Aquatic Resources (BFAR) under
PD704, which was not expressly repealed by the
LGCode of 1991.
Special law must prevail over general law. LGCode is
a general law while P.D. No. 704 is a special law
dealing with the protection and conservation of
fishing and aquatic resources including those in the
municipal waters.
Ordinance is also unenforceable for lack of approval
of Secretary of Agriculture under PD 704.
Police power is inherent in a state, it is not so in
municipal corporations or local governments. In order
that a local government may exercise police power,
there must be a legislative grant which necessarily
sets the limits for the exercise of the power. The
power devolved upon the municipality under the
Local Government Code is the enforcement of
existing fishery laws of the State and not the
enactment thereof. While a local government unit
may adopt ordinances upon subjects covered by law
or statute (i.e., PDs 704, 1015 and 1219), such
ordinances should be in accordance with and not
repugnant to the law.
 Some locgovspeak:
Local autonomy: power of LGU to decide for
themselves on certain matters without clearance or
approval from the NG.
Decentralization: Devolution of administration (NOT
power) from the NG to LGU
Deconcentration: Flow of autonomy from NG to
regional agencies
Devolution: act by which NG confers power and
authority from the NG to perform specific functions
and responsibilities.
There is Memorandum Circular 53 (1993) which
provides that all offices and employees including
GOCCs to comply with LGC and its IRR on
consultations. However, there is no penalty for the
breach.
Some Horror Movie Quotes:
Little girl:"His name is Freddy Krueger, and he loves
children, especially little girls. Freddy's coming back.
Soon he'll be strong enough. It's okay to be afraid. We
were all afraid. Warn your friends. Warn everyone!"
(Freddy VS. Jason}
Chucky:"I'll be back! I always come back.. But dying
is such a b*tch" (Child's Play)
B. General Power and
Attributes
Local Government Code
Sec6, LGC: Authority to Create Local Government
Units. – A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either by law enacted by
Congress in the case of a province, city,
municipality, or any other political subdivision, or by
ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod
concerned in the case of a barangay located within
its territorial jurisdiction, subject to such limitations
and requirements prescribed in this Code.
Sec7, LGC: Creation and Conversion. – As a
general rule, the creation of a local government unit
or its conversion from one level to another level
shall be based on verifiable indicators of viability
and projected capacity to provide services, to wit:
(a) Income - It must be sufficient, based on
acceptable standards, to provide for all
essential government facilities and services
and special functions commensurate with the
size of its population, as expected of the local
government unit concerned;
(b) Population. - It shall be determined as the
total number of inhabitants within the territorial
jurisdiction of the local government unit
concerned; and
(c) Land Area. - It must be contiguous, unless it
comprises two or more islands or is separated
by a local government unit independent of the
others; properly identified by metes and bounds
with technical descriptions; and sufficient to
provide for such basic services and facilities to
meet the requirements of its populace.
Compliance with the foregoing indicators shall
be attested to by the Department of Finance
(DOF), the National Statistics Office (NSO),
and the Lands Management Bureau (LMB) of
the Department of Environment and Natural
Resources(DENR).
Sec8, LGC: Division and Merger. – Division and
merger of existing local government units shall
comply with the same requirements herein
prescribed for their creation: Provided, however,
That such division shall not reduce the income,
population, or land area of the local government
unit or units concerned to less than the minimum
requirements prescribed in this Code: Provided,
further, That the income classification of the original
local government unit or units shall not fall below its
current income classification prior to such division.
The income classification of local government units
shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in
their financial position resulting from the increased
revenues as provided herein.
Sec9, LGC: Abolition of Local Government Units.
– A local government unit may be abolished when
its income, population, or land area has been
irreversibly reduced to less than the minimum
standards prescribed for its creation under Book III
of this Code, as certified by the national agencies
mentioned in Section 17 hereof to Congress or to
the sanggunian concerned, as the case may be.
The law or ordinance abolishing a local government
unit shall specify the province, city, municipality, or
barangay with which the local government unit
sought to be abolished will be incorporated or
merged.
Sec10, LGC: Plebiscite Requirement. – No
creation, division, merger, abolition, or substantial
alteration of boundaries of local government units
shall take effect unless approved by a majority of
the votes cast in a plebiscite called for the purpose
in the political unit or units directly affected. Said
plebiscite shall be conducted by the Commission
on Elections (COMELEC) within one hundred
twenty (120) days from the date of effectivity of the
law or ordinance effecting such action, unless said
law or ordinance fixes another date.
Sec11: Selection and Transfer of Local
Government Site, Offices and Facilities. –
(a) The law or ordinance creating or merging local
government units shall specify the seat of
government from where governmental and
corporate services shall be delivered. In
selecting said site, factors relating to
geographical centrality, accessibility, availability
of transportation and communication facilities,
drainage and sanitation, development and
economic progress, and other relevant
considerations shall be taken into account.
(b) When conditions and developments in the local
government unit concerned have significantly
changed subsequent to the establishment of
the seat of government, its sanggunian may,
after public hearing and by a vote of two-thirds
(2/3) of all its members, transfer the same to a
site better suited to its needs. Provided,
however, That no such transfer shall be made
outside the territorial boundaries of the local
government unit concerned.
The old site, together with the improvements
thereon, may be disposed of by sale or lease or
converted to such other use as the sanggunian
concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(c) Local government offices and facilities shall not
be transferred, relocated, or converted to other
uses unless public hearings are first conducted
for the purpose and the concurrence of the
majority of all the members of the sanggunian
concerned is obtained.

Sec12: Government Centers. – Provinces, cities,
and municipalities shall endeavor to establish a
government center where offices, agencies, or
branches of the national government, local
government units, or government-owned or
-controlled corporations may, as far as practicable,
be located. In designating such a center, the local
government unit concerned shall take into account
the existing facilities of national and local agencies
and offices which may serve as the government
center as contemplated under this Section. The
national government, local government unit or
government-owned or -controlled corporation
concerned shall bear the expenses for the
construction of its buildings and facilities in the
government center.
Sec13: Naming of Local Government Units and
Public Places, Streets and Structures. –
(a) The sangguniang panlalawigan may, in
consultation with the Philippine Historical
Commission (PHC), change the name of the
following within its territorial jurisdiction:
(1) Component cities and municipalities, upon
the recommendation of the sanggunian
concerned;
(2) Provincial roads, avenues, boulevards,
thorough-fares, and bridges;
(3) Public vocational or technical schools and
other post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and
other health facilities; and
(5) Any other public place or building owned
by the provincial government.
(b) The sanggunian of highly urbanized
cities and of component cities whose charters
prohibit their voters from voting for provincial
elective officials, hereinafter referred to in this
Code as independent component cities, may, in
consultation with the Philippine Historical
Commission, change the name of the following
within its territorial jurisdiction:
(1) City barangays, upon the recommendation
of the sangguniang barangay concerned;
(2) City roads, avenues, boulevards,
thoroughfares, and bridges;
(3) Public elementary, secondary and
vocational or technical schools, community
colleges and non-chartered colleges;
(4) City hospitals, health centers and other
health facilities; and
(5) Any other public place or building owned
by the city government.
(c) The sanggunians of component cities
and municipalities may, in consultation with the
Philippine Historical Commission, change the
name of the following within its territorial
jurisdiction:
(1) city and municipal barangays, upon
recommendation of the sangguniang
barangay concerned;
(2) city, municipal and barangay roads,
avenues, boulevards, thoroughfares, and
bridges;
(3) city and municipal public elementary,
secondary and vocational or technical
schools, post-secondary and other tertiary
schools;
(4) city and municipal hospitals, health centers
and other health facilities; and
(5) Any other public place or building owned
by the municipal government.
(d) None of the foregoing local
government units, institutions, places, or
buildings shall be named after a living person,
nor may a change of name be made unless for
a justifiable reason and, in any case, not
oftener than once every ten (10) years. The
name of a local government unit or a public
place, street or structure with historical,
cultural, or ethnic significance shall not be
changed, unless by a unanimous vote of the
sanggunian concerned and in consultation with
the PHC.
(e) A change of name of a public school
shall be made only upon the recommendation
of the local school board concerned.
(f) A change of name of public hospitals,
health centers, and other health facilities shall
be made only upon the recommendation of the
local health board concerned.
(g) The change of name of any local
government unit shall be effective only upon
ratification in a plebiscite conducted for the
purpose in the political unit directly affected. In
any change of name, the Office of the
President, the representative of the legislative
district concerned, and the Bureau of Posts
shall be notified.
Sec14: Beginning of Corporate Existence. – When
a new local government unit is created, its
corporate existence shall commence upon the
election and qualification of its chief executive and
a majority of the members of its sanggunian, unless
some other time is fixed therefor by the law or
ordinance creating it.
Sec15: Political and Corporate Nature of Local
Government Units. – Every local government unit
created or recognized under this Code is a body
politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it
shall exercise powers as a political subdivision of
the national government and as a corporate entity
representing the inhabitants of its territory.
Sec16: General Welfare. – Every local government
unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as
powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which
are essential to the promotion of the general
welfare. Within their respective territorial
jurisdictions, local government units shall ensure
and support, among other things, the preservation
and enrichment of culture, promote health and
safety, enhance the right of the people to a
balanced ecology, encourage and support the
development of appropriate and self-reliant
scientific and technological capabilities, improve
public morals, enhance economic prosperity and
social justice, promote full employment among their
residents, maintain peace and order, and preserve
the comfort and convenience of their inhabitants.
Sec17: Basic Services and Facilities. –
(a) Local government units shall
endeavor to be self-reliant and shall continue
exercising the powers and discharging the
duties and functions currently vested upon
them. They shall also discharge the functions
and responsibilities of national agencies
and offices devolved to them pursuant to this
Code. Local government units shall likewise
exercise such other powers and discharge
such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient
and effective provision of the basic services
and facilities enumerated herein.
(b) Such basic services and facilities
include, but are not limited to, the following:
(1) For a Barangay:
(i) Agricultural support
services which include planting
materials distribution system and
operation of farm produce collection
and buying stations;
(ii) Health and social welfare
services which include maintenance
of barangay health center and day-
care center;
(iii) Services and facilities
related to general hygiene and
sanitation, beautification, and solid
waste collection;
(iv) Maintenance of
katarungang pambarangay;
(v) Maintenance of barangay
roads and bridges and water supply
systems
(vi) Infrastructure facilities
such as multi- purpose hall,
multipurpose pavement, plaza,
sports center, and other similar
facilities;
(vii) Information and reading
center; and
(viii) Satellite or public market,
where viable;
(2) For a municipality:
(i). Extension and
on-site research services and
facilities related to agriculture and
fishery activities which include
dispersal of livestock and poultry,
fingerlings, and other seeding
materials for aquaculture; palay,
corn, and vegetable seed farms;
medicinal plant gardens; fruit tree,
coconut, and other kinds of seedling
nurseries; demonstration farms;
quality control of copra and
improvement and development of
local distribution channels, preferably
through cooperatives; interbarangay
irrigation system; water and soil
resource utilization and conservation
projects; and enforcement of fishery
laws in municipal waters including
the conservation of mangroves;
(ii). Pursuant to
national policies and subject to
supervision, control and review of the
DENR, implementation of
community-based forestry projects
which include integrated social
forestry programs and similar
projects; management and control of
communal forests with an area not
exceeding fifty (50) square
kilometers; establishment of tree
parks, greenbelts, and similar forest
development projects;
(iii). Subject to the
provisions of Title Five, Book I of this
Code, health services which include
the implementation of programs and
projects on primary health care,
maternal and child care, and
communicable and non-
communicable disease control
services; access to secondary and
tertiary health services; purchase of
medicines, medical supplies, and
equipment needed to carry out the
services herein enumerated;
(iv). Social welfare
services which include programs and
projects on child and youth welfare,
family and community welfare,
women's welfare, welfare of the
elderly and disabled persons;
community-based rehabilitation
programs for vagrants, beggars,
street children, scavengers, juvenile
 delinquents, and victims of drug research services and facilities which
abuse; livelihood and other pro-poor include the prevention and control of
projects; nutrition services; and plant and animal pests and
family planning services; diseases; dairy farms, livestock
(v). Information markets, animal breeding stations,
services which include investments and artificial insemination centers;
and job placement information and assistance in the organization of
systems, tax and marketing farmers' and fishermen's
information systems, and cooperatives and other collective
maintenance of a public library; organizations, as well as the transfer
(vi). Solid waste of appropriate technology;
disposal system or environmental (ii).
management system and services or Industrial research and development
facilities related to general hygiene services, as well as the transfer of
and sanitation; appropriate technology;
(vii). Municipal (iii). P
buildings, cultural centers, public ursuant to national policies and
parks including freedom parks, subject to supervision, control and
playgrounds, and sports facilities and review of the DENR, enforcement of
equipment, and other similar forestry laws limited to community-
facilities; based forestry projects, pollution
(viii). Infrastructure control law, small-scale mining law,
facilities intended primarily to service and other laws on the protection of
the needs of the residents of the the environment; and mini-hydro
municipality and which are funded electric projects for local purposes;
out of municipal funds including, but (iv). S
not limited to, municipal roads and ubject to the provisions of Title Five,
bridges; school buildings and other Book I of this Code, health services
facilities for public elementary and which include hospitals and other
secondary schools; clinics, health tertiary health services;
centers and other health facilities (v). S
necessary to carry out health ocial welfare services which include
services; communal irrigation, small pro grams and projects on rebel
water impounding projects and other returnees and evacuees; relief
similar projects; fish ports; artesian operations; and, population
wells, spring development, rainwater development services;
collectors and water supply systems; (vi). P
seawalls, dikes, drainage and rovincial buildings, provincial jails,
sewerage, and flood control; traffic freedom parks and other public
signals and road signs; and similar assembly areas, and other similar
facilities; facilities;
(ix). Public (vii). I
markets, slaughterhouses and other nfrastructure facilities intended to
municipal enterprises; service the needs of the residents of
(x). Public the province and which are funded
cemetery; out of provincial funds including, but
(xi). Tourism not limited to, provincial roads and
facilities and other tourist attractions, bridges; inter-municipal waterworks,
including the acquisition of drainage and sewerage, flood
equipment, regulation and control, and irrigation systems;
supervision of business concessions, reclamation projects; and similar
and security services for such facilities;
facilities; and (viii). P
(xii). Sites for police rograms and projects for low-cost
and fire stations and substations and housing and other mass dwellings,
the municipal jail; except those funded by the Social
(3) Fo Security System (SSS), Government
r a Province: Service Insurance System (GSIS),
(i). A and the Home Development Mutual
gricultural extension and on-site Fund (HDMF): Provided, That
 national funds for these programs
and projects shall be equitably
allocated among the regions in
proportion to the ratio of the
homeless to the population;
(ix).
nvestment support services,
including access to credit financing;
(x).
pgrading and modernization of tax
information and collection services
through the use of computer
hardware and software and other
means;
(xi).
nter-municipal telecommunications
services, subject to national policy
guidelines; and
(xii).
ourism development and promotion
programs;
(4) For a City:
All the services and facilities of the
municipality and province, and in addition
thereto, the following:
(a) Adequate communication and
transportation facilities;
(b) Support for education, police and
fire services and facilities.
(c) Notwithstanding the provisions of
subsection (b) hereof, public works and
infrastructure projects and other facilities
funded by the national government under
the annual General Appropriations Act,
other special laws, pertinent executive
orders, and those wholly or partially
funded from foreign sources, are not
covered under this Section, except in
those cases where the local government
unit concerned is duly designated as the
implementing agency for such projects,
facilities, programs, and services.
(d) The designs, plans, specifications,
testing of materials, and the procurement
of equipment and materials from both
foreign and local sources
necessary for the provision of the
foregoing services and facilities shall be
undertaken by the local government unit
concerned, based on national
policies, standards and guidelines.
(e) National agencies or offices
concerned shall devolve to local
government units the responsibility for the
provision of basic services and facilities
enumerated in this Section within six (6)
months after the effectivity of this Code. As
used in this Code, the term "devolution"
refers to the act by which the national
government confers power and authority
upon the various local government units to
perform specific functions and
responsibilities.
(f) The national government or the
next higher level of local government unit
I may provide or augment the basic
services and facilities assigned to a lower
level of local government unit when such
U services or facilities are not made
available or, if made available, are
inadequate to meet the requirements of its
inhabitants.
(g) The basic services and facilities
hereinabove enumerated shall be funded
I from the share of local government units in
the proceeds of national
taxes and other local revenues and
funding support from the national
T government, its instrumentalities and
government-owned or -controlled
corporations which are tasked by law to
establish and maintain such services or
facilities. Any fund or resource available
for the use of local government units shall
be first allocated for the provision of basic
services or facilities enumerated in
subsection (b) hereof before applying the
same for other purposes, unless otherwise
provided in this Code.
(h) The Regional offices of national
agencies or offices whose functions are
devolved to local government units as
provided herein shall be phased out within
one (1) year from the approval of this
Code. Said national agencies and offices
may establish such field units as may be
necessary for monitoring purposes and
providing technical assistance to local
government units. The properties,
equipment, and other assets of these
regional offices shall be distributed to the
local government units in the region in
accordance with the rules and regulations
issued by the oversight committee created
under this Code.
(i) The devolution contemplated in
this Code shall include the transfer to local
government units of the records,
equipment, and other assets and
personnel of national agencies and offices
corresponding to the devolved powers,
functions, and responsibilities.
(j) Personnel of said national
agencies or offices shall be absorbed by
the local government units to which they
belong or in whose areas they are
assigned to the extent that it is
administratively viable as determined by
the said oversight committee: Provided,
That the rights accorded to such personnel
 pursuant to civil service law, rules and
regulations shall not be impaired:
Provided, Further, That regional directors
who are career executive service officers
and other officers of similar rank in the
said regional offices who cannot be
absorbed by the local government unit
shall be retained by the national
government, without any diminution of
rank, salary or tenure.
(k) To ensure the active participation
of the private sector in local governance,
local government units may, by ordinance,
sell, lease, encumber, or otherwise
dispose of public economic enterprises
owned by them in their proprietary
capacity. Costs may also be charged for
the delivery of basic services or facilities
enumerated in this Section.
Sec18: Power to Generate and Apply Resources.
– Local government units shall have the power and
authority to establish an organization that shall be
responsible for the efficient and effective
implementation of their development plans,
program objectives and priorities; to create their
own sources of revenue and to levy taxes, fees,
and charges which shall accrue exclusively for their
use and disposition and which shall be retained by
them; to have a just share in national taxes which
shall be automatically and directly released to them
without need of any further action; to have an
equitable share in the proceeds from the utilization
and development of the national wealth and
resources within their respective territorial
jurisdictions including sharing the same with the
inhabitants by way of direct benefits; to acquire,
develop, lease, encumber, alienate, or otherwise
dispose of real or personal property held by them in
their proprietary capacity and to apply their
resources and assets for productive,
developmental, or welfare purposes, in the exercise
or furtherance of their governmental or proprietary
powers and functions and thereby ensure their
development into self-reliant communities and
active participants in the attainment of national
goals.
Sec19: Eminent Domain. – A local government unit
may, through its chief executive and acting
pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose, or
welfare for the benefit of the poor and the landless,
upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent
laws: Provided, however, That the power of
eminent domain may not be exercised unless a
valid and definite offer has been previously made to
the owner, and such offer was not accepted:
Provided, further, That the local government unit
may immediately take possession of the property
upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value
of the property based on the current tax declaration
of the property to be expropriated: Provided, finally,
That, the amount to be paid for the expropriated
property shall be determined by the proper court,
based on the fair market value at the time of the
taking of the property.
Sec20: Reclassification of Lands. –
(a) A city or municipality may,
through an ordinance passed by the
sanggunian after conducting public hearings for
the purpose, authorize the reclassification of
agricultural lands and provide for the manner of
their utilization or disposition in the following
cases: (1) when the land ceases to be
economically feasible and sound for
agricultural purposes as determined by the
Department of Agriculture or (2) where the land
shall have substantially greater economic value
for residential, commercial, or industrial
purposes, as determined by the sanggunian
concerned: Provided, That such reclassification
shall be limited to the following percentage of
the total agricultural land area at the time of the
passage of the ordinance:
(1) For highly urbanized and
independent component cities, fifteen
percent (15%);
(2) For component cities and first to third
class municipalities, ten percent (10%);
and
(3) For fourth to sixth class
municipalities, five percent (5%): Provided,
further, That agricultural lands distributed to
agrarian reform beneficiaries pursuant to
Republic Act Numbered Sixty-six hundred
fifty-seven (R.A. No. 6657), otherwise
known as "The Comprehensive Agrarian
Reform Law", shall not be affected by the
said reclassification and the conversion of
such lands into other purposes shall be
governed by Section 65 of said Act.
(b) The President may, when public
interest so requires and upon recommendation
of the National Economic and Development
Authority, authorize a city or municipality to
reclassify lands in excess of the limits set in the
next preceding paragraph.
(c) The local government units shall,
in conformity with existing laws, continue to
prepare their respective comprehensive land
use plans enacted through zoning ordinances
which shall be the primary and dominant bases
for the future use of land resources: Provided,
That the requirements for food production,
human settlements, and industrial expansion
 shall be taken into consideration in the
preparation of such plans.
(d) Where approval by a national
agency is required for reclassification, such
approval shall not be unreasonably withheld.
Failure to act on a proper and complete
application for reclassification within three (3)
months from receipt of the same shall be
deemed as approval thereof.
(e) Nothing in this Section shall be
construed as repealing, amending, or
modifying in any manner the provisions of R.A.
No. 6657.
Sec21: Closure and Opening of Roads. –
(a) A local government unit may,
pursuant to an ordinance, permanently or
temporarily close or open any local road, alley,
park, or square falling within its jurisdiction:
Provided, however, That in case of permanent
closure, such ordinance must be approved by at
least two-thirds (2/3) of all the members of
the sanggunian, and when necessary, an
adequate substitute for the public facility that is
subject to closure is provided.
(b) No such way or place or any part
thereof shall be permanently closed without
making provisions for the maintenance of public
safety therein. A property thus permanently
withdrawn from public use may be used or
conveyed for any purpose for which other real
property belonging to the local government unit
concerned may be lawfully used or conveyed:
Provided, however, That no freedom park shall
be closed permanently without provision for its
transfer or relocation to a new site.
(c) Any national or local road, alley,
park, or square may be temporarily closed
during an actual emergency, or fiesta
celebrations, public rallies, agricultural or
industrial fairs, or an undertaking of public
works and highways, telecommunications, and
waterworks projects, the duration of which shall
be specified by the local chief executive
concerned in a written order: Provided,
however, That no national or local road, alley,
park, or square shall set temporarily closed for
athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the
local government unit concerned.
(d) Any city, municipality, or
barangay may, by a duly enacted ordinance,
temporarily close and regulate the use of any
local street, road, thoroughfare, or any other
public place where shopping malls, Sunday, flea
or night markets, or shopping areas may be
established and where goods, merchandise,
foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the
general public.
Sec22: Corporate Powers. –
(a) Every local government unit, as
a corporation, shall have the following powers:
(1) To have continuous succession in its
corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or
personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are
granted to corporations, subject to the
limitations provided in this Code and other
laws.
(b) Local government units may continue using,
modify, or change their existing corporate
seals: Provided, That newly established local
government units or those without corporate
seals may create their own corporate seals
which shall be registered with the Department
of the Interior and Local Government: Provided,
further, That any change of corporate seal shall
also be registered as provided herein.
(c) Unless otherwise provided in this Code,
contract may be entered into by the local chief
executive in behalf of the local government unit
without prior authorization by the sanggunian
concerned. A legible copy of such contract shall
be posted at a conspicuous place in the
provincial capitol or the city, municipal or
barangay hall.
(d) Local government units shall enjoy full
autonomy in the exercise of their proprietary
functions and in the management of their
economic enterprises, subject to the limitations
provided in this Code and other applicable
laws.
Sec23: Authority to Negotiate and Secure Grants.
– Local chief executives may, upon authority of the
sanggunian, negotiate and secure financial grants
or donations in kind, in support of the basic
services or facilities enumerated under Section 17
hereof, from local and foreign assistance agencies
without necessity of securing clearance or approval
therefor from any department, agency, or office of
the national government or from any higher local
government unit: Provided, That projects financed
by such grants or assistance with national security
implications shall be approved by the national
agency concerned: Provided, further, That when
such national agency fails to act on the request for
approval within thirty (30) days from receipt thereof,
the same shall be deemed approved.
The local chief executive shall, within thirty (30)
days upon signing of such grant agreement or deed
of donation, report the nature, amount, and terms
 of such assistance to both Houses of Congress and
the President.
Sec24: Liability for Damages. – Local government
units and their officials are not exempt from liability
for death or injury to persons or damage to
property.
TRIVIA: Beer contains the Vitamin B group, while water does not.
Kaya mas mahal ang isang bote ng beer sa isang bote ng tubig.
MyPleasure Guide: Erotic Massage
Sexual enhancement goes beyond merely using a sex
toy. Erotic massage and body play can be a
wonderfully exciting way to make partner sex more
sensual and loving, and can really spice up a
relationship!
Perfect for anniversaries, bridal showers or bachelor
parties, balms and oils are a less "taboo" form of
sexual aide, making them excellent gifts for just
about everyone you know.
(continued)
Creation of Local Government Units
1987 Constitution ARTX: Local Government
Sec1. The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Sec7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization
and development of the national wealth within their
respective areas, in the manner provided by law,
including sharing the same with the inhabitants by
way of direct benefits.
Sec10. No province, city, municipality, or barangay
may be created, divided, merged, abolished, or its
boundary substantially altered, except in
accordance with the criteria established in the local
government code and subject to approval by a
majority of the votes cast in a plebiscite in the
political units directly affected.
Sec11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain
their basic autonomy and shall be entitled to their
own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic
services requiring coordination.
Sec15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity of
the Republic of the Philippines.
Sec16. The President shall exercise general
supervision over autonomous regions to ensure
that laws are faithfully executed.
Sec19. The first Congress elected under this
Constitution shall, within eighteen months from the
time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.
Local Government Code
Sec6, LGC: Authority to Create Local Government
Units. – A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either by law enacted by
Congress in the case of a province, city,
municipality, or any other political subdivision, or by
ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod
concerned in the case of a barangay located within
its territorial jurisdiction, subject to such limitations
and requirements prescribed in this Code.
Sec7, LGC: Creation and Conversion. – As a
general rule, the creation of a local government unit
or its conversion from one level to another level
shall be based on verifiable indicators of viability
and projected capacity to provide services, to wit:
(a) Income - It must be sufficient, based on
acceptable standards, to provide for all
essential government facilities and services
and special functions commensurate with the
size of its population, as expected of the local
government unit concerned;
(b) Population. - It shall be determined as the
total number of inhabitants within the territorial
jurisdiction of the local government unit
concerned; and
 (c) Land Area. - It must be contiguous, unless it
comprises two or more islands or is separated
by a local government unit independent of the
others; properly identified by metes and bounds
with technical descriptions; and sufficient to
provide for such basic services and facilities to
meet the requirements of its populace.
Compliance with the foregoing indicators shall
be attested to by the Department of Finance
(DOF), the National Statistics Office (NSO),
and the Lands Management Bureau (LMB) of
the Department of Environment and Natural
Resources(DENR).
Sec8, LGC: Division and Merger. – Division and
merger of existing local government units shall
comply with the same requirements herein
prescribed for their creation: Provided, however,
That such division shall not reduce the income,
population, or land area of the local government
unit or units concerned to less than the minimum
requirements prescribed in this Code: Provided,
further, That the income classification of the original
local government unit or units shall not fall below its
current income classification prior to such division.
The income classification of local government units
shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in
their financial position resulting from the increased
revenues as provided herein.
Sec9, LGC: Abolition of Local Government Units.
– A local government unit may be abolished when
its income, population, or land area has been
irreversibly reduced to less than the minimum
standards prescribed for its creation under Book III
of this Code, as certified by the national agencies
mentioned in Section 17 hereof to Congress or to
the sanggunian concerned, as the case may be.
The law or ordinance abolishing a local government
unit shall specify the province, city, municipality, or
barangay with which the local government unit
sought to be abolished will be incorporated or
merged.
Sec10, LGC: Plebiscite Requirement. – No
creation, division, merger, abolition, or substantial
alteration of boundaries of local government units
shall take effect unless approved by a majority of
the votes cast in a plebiscite called for the purpose
in the political unit or units directly affected. Said
plebiscite shall be conducted by the Commission
on Elections (COMELEC) within one hundred
twenty (120) days from the date of effectivity of the
law or ordinance effecting such action, unless said
law or ordinance fixes another date.
Creation of the Barangay
Sec385: Manner of Creation. – A barangay may be
created, divided, merged, abolished, or its
boundary substantially altered, by law or by an
ordinance of the sangguniang panlalawigan or
sangguniang panlungsod, subject to approval by a
majority of the votes cast in a plebiscite to be
conducted by the Comelec in the local government
unit or units directly affected within such period of
time as may be determined by the law or ordinance
creating said barangay. In the case of the creation
of barangays by the sangguniang panlalawigan, the
recommendation of the sangguniang bayan
concerned shall be necessary.
Sec386: Requisites for Creation. –
(a) A barangay maybe created out of a contiguous
territory which has apopulation of at least two
thousand (2,000) inhabitants ascertified by the
National Statistics Office except in cities and
municipalities within Metro Manila and other
metropolitan political subdivisions or in highly
urbanized cities where such territory shall have
a certified population of at least five thousand
(5,000) inhabitants: Provided, That the creation
thereof shall not reduce the population of the
original barangay or barangays to less than the
minimum requirement prescribed herein.
To enhance the delivery of basic services in the
indigenous cultural communities, barangays
may be created in such communities by an Act
of Congress, notwithstanding the above
requirement.
(b) The territorial jurisdiction of the new barangay
shall be properly identified by metes and
bounds or by more or less permanent natural
boundaries. The territory need not be
contiguous if it comprises two (2) or more
islands.
(c) The governor or city mayor may prepare a
consolidation plan for barangays, based on the
criteria prescribed in this Section, within his
territorial jurisdiction. The plan shall be
submitted to the sangguniang panlalawigan or
sangguniang panlungsod concerned for
appropriate action. In the case of municipalities
within the Metropolitan Manila area and other
metropolitan political subdivisions, the
barangay consolidation plan shall be prepared
and approved by the sangguniang bayan
concerned.
Creation of the Municipality
Sec441: Manner of Creation. – A municipality may
be created, divided, merged, abolished, or its
boundary substantially altered only by an Act of
Congress and subject to the approval by a majority
of the votes cast in a plebiscite to be conducted by
the Comelec in the local government unit or units
directly affected. Except as may otherwise be
provided in the said Act, the plebiscite shall be held
within one hundred twenty (120) days from the date
of its effectivity.

Sec442: Requisites for Creation. –
(a) A municipality may be created if it has an
average annual income, as certified by the
provincial treasurer, of at least Two million five
hundred thousand pesos (P=2,500,000.00) for
the last two (2) consecutive years based on the
1991 constant prices; a population of at least
twenty-five thousand (25,000) inhabitants as
certified by the National Statistics Office; and a
contiguous territory of at least fifty (50) square
kilometers as certified by the Lands
Management Bureau: Provided, That the
creation thereof shall not reduce the land area,
population or income of the original
municipality or municipalities at the time of said
creation to less than the minimum requirements
prescribed herein.
(b) The territorial jurisdiction of a newly-created
municipality shall be properly identified by
metes and bounds. The requirement on land
area shall not apply where the municipality
proposed to be created is composed of one (1)
or more islands. The territory need not be
contiguous if it comprises two (2) or more
islands.
(c) The average annual income shall include the
income accruing to the general fund of the
municipality concerned, exclusive of special
funds, transfers and non-recurring income.
(d) Municipalities existing as of the date of the
effectivity of this Code shall continue to exist
and operate as such. Existing municipal
districts organized pursuant to presidential
issuances or executive orders and which have
their respective set of elective municipal
officials holding office at the time of the
effectivity of this Code shall henceforth be
considered as regular municipalities.
Creation of the City
Sec449: Manner of Creation. – A city may be
created, divided, merged, abolished, or its
boundary substantially altered, only by an Act of
Congress, and subject to approval by a majority of
the votes cast in a plebiscite to be conducted by
the Comelec in the local government unit or units
directly affected. Except as may otherwise be
provided in such Act, the plebiscite shall be held
within one hundred twenty (120) days from the date
of its effectivity.
Sec450: Requisites for Creation. –
(a) A municipality or a cluster of barangays may be
converted into a component city if it has an
average annual income, as certified by the
Department of Finance, of at least Twenty
million pesos (P20,000,000.00) for the last two
(2) consecutive years based on 1991 constant
prices, and if it has either of the following
requisites:
(i). a contiguous territory of at least one
hundred (100) square kilometers, as
certified by the Lands Management
Bureau; or,
(ii). a population of not less than one hundred
fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office:
Provided, That, the creation thereof shall
not reduce the land area, population, and
income of the original unit or units at the
time of said creation to less than the
minimum requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
city shall be properly identified by metes and
bounds. The requirement on land area shall not
apply where the city proposed to be created is
composed of one (1) or more islands. The
territory need not be contiguous if it comprises
two (2) or more islands.
(c) The average annual income shall include the
income accruing to the general fund, exclusive
of special funds, transfers, and non-recurring
income.
Creation of the Province
Sec460: Manner of Creation. – A province may be
created, divided, merged, abolished, or its
boundary substantially altered, only by an Act of
Congress and subject to approval by a majority of
the votes cast in a plebiscite to be conducted by
the Comelec in the local government unit or units
directly affected. The plebiscite shall be held within
one hundred twenty (120) days from the date of
effectivity of said Act, unless otherwise provided
therein.
Sec461: Requisites for Creation. –
(a) A province may be created if it has an average
annual income, as certified by the Department
of Finance, of not less than Twenty million
pesos (P=20,000,000.00) based on 1991
constant prices and either of the following
requisites:
(i). a contiguous territory of at least two
thousand (2,000) square kilometers, as
certified by the Lands Management
Bureau; or,
(ii). a population of not less than two hundred
fifty thousand (250,000) inhabitants as
certified by the National Statistics Office:
Provided, That, the creation thereof shall
not reduce the land area, population, and
income of the original unit or units at the
time of said creation to less than the
minimum requirements prescribed herein.
(b) The territory need not be contiguous if it
comprises two (2) or more islands or is
 separated by a chartered city or cities which do
not contribute to the income of the province.
(c) The average annual income shall include the
income accruing to the general fund, exclusive
of special funds, trust funds, transfers, and
non-recurring income.
RA7878 (1995) Creating provinces of kalinga and
apayao
RA8371 (1997), Sec18 IPRA, creation of tribal
barangays for ICCs/IPs living in contiguous
zones and predominant population, such brgy
formed in accordance with LGC.
RA9009 (2001)
RA9054 (2001), ArtIV, Sec19
STD Prevention and Treatment: General Comment:
Microtears in the gums (perhaps aggravated by
recent brushing or flossing), finger cuticles, penis,
vagina, or anus can cause a breach where a virus or
bacterium may enter, even if the tears are not visible
or noticeable. Pathogens can also enter the body after
landing on the eyes. Basically, one should avoid any
situation in which the body fluids of another might
make their way into one's bloodstream or contact
one's mucous membranes.
Some diseases show no symptoms, and the people
carrying them may not know they are infected or
show any noticeable signs for years, though they can
still transmit the disease to you. When symptoms are
observed, common ones are pain when urinating,
discharge or odd smell from genitals, itching,
burning, or pain in genitals (and sometime lower
abdomen), warts, sores, or discolorations on genitals,
and flu-like symptoms. There are other symptoms as
well; see your health care provider if you have any
questions.
Some STD's (such as Herpes) may be spread by
contact with the general areas of the genitals, anus, or
mouth. Rashes or outbreaks are often a sign of
infection and contagiousness, though it is possible for
some of these diseases to be transmitted when there
are no visible symptoms.
(continued…)
Creation
Padilla, Jr. vs. COMELEC (1992)
Facts:
In 1991, COMELEC promulgated a Resolution
pursuant to RA7155 approving the creation of the
Municipality of Tulay-na-Lupa in Camarines Norte to
be composed of 12 brgys in the Municipality of Labo
subject to the approval by a majority of votes cast
pursuant to Sec 10, ArtX of 1987 Constitution, and
LGC. The plebiscite was to be held in the barangays
comprising the proposed municipality and the
remaining areas of the mother municipality Labo.
Plebiscite Board of Canvasser declared the rejection
and disapproval of the proposed municipality after the
turn-out where a majority voted against the creation.
Gov. Padilla files a special civil action to set aside
conducted plebiscite and to undertaked a new one
because plebiscite should have been conducted only
in the 12 brgys comprising the proposed municipality.
Held: Plebiscite valid.
Padilla’s contention that ArtX, Sec10 has deleted the
words “unit or” in Sec3, ArtXI of the 1973 Constitution
is untenable. As explained by ConCom
Commissioner Davide during the 1986 ConCom
debates the deletion of the words was asked
because in the plebiscite to be conducted, it must
involve all the units affected. When the law states
that the plebiscite shall be conducted “in the political
units directly affected,” it means that residents of the
political entity who would be economically dislocated
by the separation of a portion thereof have a right to
vote in said plebiscite.
TRIVIA: Gov Roy Padilla Jr. is the half-brother of Robin Padilla.
Magkapatid sila sa ama.
Torralba and Rugay vs. Municipality of Sibagat,
Province of Agusan del Sur and its Municipal
Officers (1987)
Facts:
Petitioners challenge the validity of BP56 creating the
municipality of Sibagat, Province of Agusan del Sur,
being violative of Sec3, ArtXI of the 1973Constitution.
The 1983 LGC after enactment of BP 56. A plebiscite
had been conducted among the people of the unit/s
affected by the creation of the new municipality, who
expressed approval. Officials had been appointed
and had assumed respective positions. Petitioners
contend that BP 56 is invalid for absence of the LGC
at the time of its enactment.
Held: BP 56 is valid.
The 1973 Constitutional provision does not proscribe
nor prohibit modification of territorial and political
subdivisions before enactment of the 1983 LGC.
What it means is that once said Code is enacted, the
creation, modification or dissolution of LGUs should
conform with the criteria thus laid down. Before
enactment of 1983 LGC, the legislative power
remains plenary except that the creation of the new
LGU should be approved by the people concerned in
a plebiscite called for the purpose.
CAB is different from Tan v Comelec since in that
case, the LGC already existed at the time the
challenged statute (BP885) was enacted. Second,
BP885 confined the plebiscite to the “proposed new
province” to the exclusion of the voters in the
remaining areas, in contravention of the Const and of
the LGC that plebiscite should be held “in the unit or
units affected”. Third, the requisite area for creation of
a new province was not complied with in BP885.
Finally, “Indecent haste” attended the enactment of
BP885 and the holding of the plebiscite thereafter
Cruz, Concurring – on the assumption that the
required plebiscite (although not questioned)
complied with the Constitutional provision, and was
duly held “in the unit or units affected”  not only in
the proposed municipality but also in the mother
municipality in line with Tan vs. Comelec, reversing
Paredes vs. Exec. Sec. and Lopez vs. Metro Manila
Commission (where these cases held that plebiscite
could be confined only to the political unit proposed
to be created)
Cawaling vs. COMELEC (2001)
Facts:
Pres. Estrada signed into law R.A. No. 8806, an (Act
Creating The City Of Sorsogon). Pursuant to Section
10, Article X of the Constitution, COMELEC
conducted a plebiscite in the Municipalities of Bacon
and Sorsogon and submitted the matter for
ratification. The Plebiscite City Board of Canvassers
(PCBC) proclaimed the creation of the City of
Sorsogon as having been ratified and approved by
the majority of the votes cast in the plebiscite.
Cawaling, filed on 2 petitions seeking the annulment
of the plebiscite and seeking to enjoin the further
implementation of R.A. No. 8806 for being
unconstitutional. "During the pendency of these
cases (May 2001 elections), the newly-created
Sorsogon City had the first election of its officials.
Since then, the City Government of Sorsogon has
been regularly discharging its corporate and political
powers pursuant to its charter, R.A. No. 8806.
Held: RA 8806 constitutional and plebiscite valid.
Petitioner's constricted reading of Section 450(a) of
the Code is erroneous. The phrase "A municipality or
a cluster of barangays may be converted into a
component city" is not a criterion but simply one of
the modes by which a city may be created. Section
10, Article X of the Constitution, allows the merger of
local government units to create a province city,
municipality or barangay in accordance with the
criteria established by the Code.
Cawaling’s argument that the Municipality of
Sorsogon alone already qualifies to be upgraded to a
component city goes into the wisdom of R.A. No.
8806, a matter which we are not competent to rule. In
the exercise of judicial power, we are allowed only "to
settle actual controversies involving rights which are
legally demandable and enforceable," and "may not
annul an act of the political departments simply
because we feel it is unwise or impractical”.
Contrary to petitioner's assertion, there is only one
subject embraced in the title of the law, that is, the
creation of the City of Sorsogon. The
abolition/cessation of the corporate existence of the
Municipalities of Bacon and Sorsogon due to their
merger is not a subject separate and distinct from the
creation of Sorsogon City. Such abolition/cessation
was but the logical, natural and inevitable
consequence of the merger. It is well-settled that the
"one title-one subject" rule does not require the
Congress to employ in the title of the enactment
language of such precision as to mirror, fully index or
catalogue all the contents and the minute details
therein. The rule is sufficiently complied with if the
title is comprehensive enough as to include the
general object which the statute seeks to effect, and
where, as here, the persons interested are informed
of the nature, scope and consequences of the
proposed law and its operation. Moreover, this Court
has invariably adopted a liberal rather than technical
construction of the rule "so as not to cripple or
impede legislation."
The 120-day period within which to conduct the
plebiscite starts from the date of Act’s effectivity (i.e.,
after publication in at least two (2) newspapers of
general and local circulation). Quite plainly, the last
sentence of Section 10 mandates that the plebiscite
shall be conducted within 120 days from the date of
the effectivity of the law, not from its approval. While
the same provision allows a law or ordinance to fix
"another date" for conducting a plebiscite, still such
date must be reckoned from the date of the effectivity
of the law.
Pelaez vs. Auditor General (1965)
Facts:
From Sept 4 - Oct 29,1964 the President of the
Philippines, purporting to act pursuant to Sec 68 of
the Revised Administrative Code, issued EOs 93 to
121, 124 and 126 to 129, creating 33 municipalities.
Soon after V.P. Pelaez instituted an action against the
Auditor General, to restrain him from passing in audit
any expenditure of public funds in implementation of
said executive orders and/or any disbursement by
said municipalities. Pelaez alleges that the EOs are
null and void, upon the ground that said Section 68
has been impliedly repealed by RA 2370 (Barrio
Charter Act) and constitutes an undue delegation of
legislative power.
Held: EOs were null and void.
When Republic Act No. 2370 became effective,
barrios may "not be created or their boundaries
altered nor their names changed" except by Act of
Congress or of the corresponding provincial board
"upon petition of a majority of the voters in the areas
affected" and the "recommendation of the council of
the municipality or municipalities in which the
proposed barrio is situated."
Respondent claims the President can upon the
theory that a new municipality can be created without
creating new barrios, such as, by placing old barrios
under the jurisdiction of the new municipality. This
theory overlooks, that the statutory denial of the
presidential authority to create a new barrio implies a
negation of the bigger power to create municipalities,
each of which consists of several barrios. Founded
upon logic and experience, it cannot be offset except
by a clear manifestation of the intent of Congress to
the contrary, and no such manifestation, subsequent
to the passage of Republic Act No. 2370. has been
brought to our attention.
Respondent alleges that the power of the President
to create municipalities under section 68 of the
Revised Administrative Code does not amount to an
undue delegation of legislative power, relying upon
the allegedly settled case of Municipality of Cardona
vs. Municipality of Binañgonan (36 Phil. 547). Such
claim is untenable, for said case involved, not the
creation of a new municipality, but a mere transfer of
territory — from an already existing municipality
(Cardona) to another municipality (Binañgonan),
likewise, existing at the time of and prior to said
transfer in consequence of the fixing and definition,
pursuant to Act No. 1748, of the common boundaries
of two municipalities.
It is obvious, however, that the power to fix such
common boundary, in order to avoid or settle conflicts
of jurisdiction between adjoining municipalities, may
partake of an administrative nature but the authority
to create municipal corporations is essentially
legislative in nature.
Although Congress may delegate to another branch
of the government the power to fill in the details in the
execution, enforcement or administration of a law, it
is essential, to forestall a violation of the principle of
separation of powers, that said law: (a) be complete
in itself — it must set forth therein the policy to be
executed, carried out or implemented by the delegate
— and (b) fix a standard — the limits of which are
sufficiently determinate or determinable — to which
the delegate must conform in the performance of his
functions. Section 68 of the Revised Administrative
Code does not meet these requirements for a valid
delegation of the power to fix the details in the
enforcement of a law. Even if it did not entail an
undue delegation of legislative powers, as it certainly
does, said Section 68, as part of the Revised
Administrative Code, approved on March 10, 1917,
must be deemed repealed by the subsequent
adoption of the Constitution, in 1935, which is utterly
incompatible and inconsistent with said statutory
enactment.
BENGZON, J.P., J., concurring and dissenting:
Since the Constitution repealed Section 68 as far
back as 1935, it is academic to ask whether Republic
Act 2370 likewise has provisions in conflict with
Section 68 so as to repeal it. Suffice it to state, at any
rate, that statutory prohibition on the President from
creating a barrio does not, warrant the inference of
statutory prohibition for creating a municipality. For
although municipalities consist of barrios, there is
nothing in the statute that would preclude creation of
new municipalities out of pre-existing barrios.
It is not contrary to the logic of local autonomy to be
able to create larger political units and unable to
create smaller ones. The smaller the unit of local
government, the lesser is the need for the national
government's intervention in its political affairs.
Furthermore, for practical reasons, local autonomy
cannot be given from the top downwards. The
national government, in such a case, could still
exercise power over the supposedly autonomous
unit, e.g., municipalities, by exercising it over the
smaller units that comprise them, e.g., the barrios. A
realistic program of decentralization therefore calls
for autonomy from the bottom upwards, so that it is
not surprising for Congress to deny the national
government some power over barrios without
denying it over municipalities. For this reason, I
disagree with the majority view that because the
President could not create a barrio under Republic
Act 2370, a fortiori he cannot create a municipality.
 If a municipality entered into contracts before the
declaration of nullity, it must still comply with it since
the operative fact is that its rights and obligations
must be complied with. (Municipality of Malabang
case).
 Not all LGUs created by Executive void. In the
Municipality of San Narcisco case, the municipal
district was a de facto corporaton for only after 30
year of existing was it questioned; All those years
government had acknowledged its existence plus
Sec 442(d) cures defect.
Abolition
Sultan Usman Sarangani vs. COMELEC (2000)
Facts:
A petition for annulment of several precincts and of
book voters in Mandalum, Lanao del Sur was filed
with COMELEC. Mandalum Mayor Usman Sarangani
and 23 brgy chairmen opposed the petition and
claimed that the petition was for the purpose of
diminishing the bailiwicks of the mayor. A Task Force
Investigation Team was created to investigate the
alleged ghost precincts. It reported that:
the supposed Brgy Padian Torogan (PT) means a
cemetery and not a residential place
only 2 structures in the area i.e. roofless concrete
house and wooden structure w/out walls and roof
no one answered affirmatively when asked if they
were registered voters or residents of brgy PT.
On the basis of the report, COMELEC issued an
order finding PT as ghost precinct and that it shall be
excluded from the special elections in Mandalum.
Sarangani filed this petition urging the nullification of
the COMELEC order.
Held: COMELEC did not act with GAOD.
The determination of WON a certain election precinct
actually exists or not and whether the voters
registered in said precinct are real voters is a factual
matter which if based on duly supported by evidence
are conclusive upon the SC, more so in the absence
of a substantiated attack on the validity of the same.
Upon the records, SC found that COMELEC had
exerted efforts to investigate and verify the facts in
the report, hence its conclusion that there were no
inhabitants in PT. If there were no inhabitants, then
there can be no registered voters or the registered
voters may have left.
It is not impossible for a certain brgy not to actually
have any inhabitants considering that people migrate.
A barangay may officially exist on record and the fact
that nobody resides in the place does not result in its
automatic cessation as a unit of local government.
Under the LGCode, the abolition of a government unit
may be done by Congress in the case of a province,
city, municipality or any other political subdivision. In
the case of a brgy, except in Metro Manila and
cultural communities, it may be done by the
Sangguniang Panlalawigan or Panglungsod
concerned subject to the mandatory requirement of a
plebiscite conducted for the purpose in the political
units affected.
The right of suffrage is not tampered with when a list
of fictitious voters is excluded from an electoral
exercise. No voter is disenfranchised because no
such voter exists. Such exclusion of non-existent
voters all the more protects the validity and credibility
of the electoral process because electoral will would
not be rendered nugatory.
Salva vs. Makalintal (2000)
Facts:
The Sangguniang Panlalawigan (SP) of Batangas
issued an Ordinance abolishing Brgy. San Rafael and
its merger with Brgy. Dacanlao and instructed
COMELEC to conduct the required plebiscite. The
Ordinance was vetoed by the Governor. Hence, the
SP issued a Resolution affirming the ordinance and
overriding the veto of the Governor. COMELEC then
issued the a Resolution providing for the rules and
regulations governing the conduct of the plebiscite.
Petitioners filed a class suit against SP of Batangas,
SB of Calaca for the annulment of the Ordinance and
the resolutions. TC denied issuance of TRO in an
Order saying that the TRO sought is directed only to
the COMELEC Resolution and action against a
COMELEC resolution must be brought before
SC.Petitioners contend that RTC has jurisdiction over
TRO.
Held: RTC has jurisdiction over TRO.
Sec. 7, Art. IX-A of 1987 Consti provides that any
decision, order or ruling of each Commission such as
COMELEC, may be brought on certiorari to SC by
the aggrieved party w/in 30 days from receipt. The
COMELEC’s powers are classified either as
adjudicatory/quasi-judicial or administrative or
ministerial. Final orders, rulings and decisions of
COMELEC reviewable by SC are those rendered in
actions or proceedings before COMELEC and taken
cognizance of said body in the exercise of its
adjudicatory or quasi-judicial powers.
The issuance of the COMELEC resolution in this
case was pursuant to Sec. 10 of LGCode and is thus
a ministerial duty of the COMELEC that is enjoined
by law and part and parcel of its administrative
functions. It involves no exercise of discretionary
authority. It is also not an exercise of quasi-judicial
power to hear and resolve controversies defining the
rights and duties of the parties relative to the conduct
of elections of public officers and the enforcement of
election laws.
The COMELEC resolution was merely an incident of
its inherent administrative functions over the conduct
of plebiscites, thus it may not be deemed a “final
order” reviewable by the SC. Any question pertaining
to the validity of the resolutions may well be taken in
an ordinary civil actions before RTC.
Income
Alvarez vs. Guingona (1996)
Facts:
Petitioners, assail the validity of RA7720 (Santiago
City Act) because: (1) It allegedly did not originate
exclusively in the House of Representatives as
mandated by Sec24, Art6 of the 1987 Constitution
and (2) the Municipality of Santiago has not met the
minimum average annual income required under
Sec450 of 1991LGC in order to be converted into a
component city.
Held: RA 7720 complied with Const requirements.
Petitioners’ claim that the law did not originate
exclusively in the House of Representatives because
a bill of same import (SB1243) was passed in the
Senate is untenable because it cannot be denied that
HB8817 was filed in the House first (April 19, 1993)
before SB1243 was filed in the Senate (May 19,
1993), which they themselves admitted. Senate
clearly held in abeyance any action on SB1243 until it
received HB9917 already approved on 3rd reading
from the House. The filing in the Senate of a
substitute bill in anticipation of its receipt of the bill
from the House does not contravene the
Constitution.
Santiago has met the minimum requirement. IRAs
form part of the income of LGUs. They are items of
income because they form part of the gross accretion
of the funds of the LGU. They regularly and
automatically accrue to the local treasury without
need of any further action on the part of the LGU.
(Sec7, LGC) They thus constitute income which the
local government can invariably rely upon as the
source of much needed funds.
Sub-Provinces
1987 Constitution, Art XVIII: Transitory Provisions
Sec9: A sub-province shall continue to exist and
operate until it is converted into a regular province
or until its component municipalities are reverted to
the mother province.
Local Government Code (1991) – RA7160
Sec462. Existing Sub-Provinces – Existing sub-
provinces are hereby converted into regular
provinces upon approval by a majority of the votes
cast in a plebiscite to be held in the said sub-
provinces and the original provinces directly
affected. The plebiscite shall be conducted by the
COMELEC simultaneously with the national
elections following the effectivity of this Code.
The new legislative districts created as a result of
such conversion shall continue to be represented in
Congress by the duly-elected representatives of the
original districts out of which said new provinces or
districts were created until their own
representatives shall have been elected in the next
regular congressional elections and qualified.
The incumbent elected officials of the said sub-
provinces converted into regular provinces shall
continue to hold office until June 30, 1992. Any
vacancy occurring in the offices occupied by said
incumbent elected officials, or resulting from
expiration of their terms of office in case of a
negative vote in the plebiscite results, shall be filled
by appointment by the President. The appointees
shall hold office until their successors shall have
been elected in the regular local elections following
the plebiscite mentioned herein and qualified. After
effectivity of such conversion, the President shall fill
up the position of governor of the newly-created
province through appointment if none has yet been
appointed to the same as hereinbefore provided,
and shall also appoint a vice-governor and the
other members of the sangguniang panglalawigan,
all of whom shall likewise hold office until their
successors shall have been elected in the nest
regular local elections and qualified.
All qualified appointive officials and employees in
the career service of the said sub-provinces at the
time of their conversion into regular provinces shall
continue in office in accordance with civil service
law, rules and regulations.
Griño vs. COMELEC (1992)
Facts:
Sub-province of Guimaras is composed of 3
municipalities which constitute a part of 2 nd district of
Iloilo. In previous elections, voters from the 3
municipalities were allowed to vote for the provincial
officials of entire province of Iloilo.
When 1991LGC came into effect, Sec462 called for
the conversion of existing subprovinces into regular
provinces upon approval by a majority of the votes
cast in a plebiscite to be held in the areas directly
affected by the conversion. It also directed holding of
plebiscite simultaneously with national elections
following effectivity of LGC.
COMELEC conducted a plebiscite for the conversion
of Guimaras simultaneously with the May1992
elections. It issued rules and regulations governing
the plebiscite – that all registered voters of Iloilo
(except Iloilo City) and Guimaras qualified to vote in
the provincial elections were qualified to vote in the
plebiscite.
The ballots used contained the plebiscite question
but petitioners observed that ballots distributed to
3municipalities of Guimaras did not contain any
space or provision for election of provincial officials.
Petitioners allege that COMELEC acted
without jurisdiction and with GAOD when it
disallowed Guimaras voters from voting provincial
officers since LGC had no specific provision that sub-
province voters shall no longer be allowed to vote for
provincial officers in case they vote against
conversion
Held: COMELEC acted without jurisdiction.
Although Sec 462 LGC completely addresses an
eventuality where people of both the original and the
new district (to be created) agree to the proposed
creation of the new district (by appointment of
President, if none appointed yet, of the provincial
officers of new district), the provision is incomplete if
the proposed conversion is rejected by those
affected.
Whatever incumbent elective positions exist under
the present set-up, it appears that in case of a
negative vote, these sub-provincial positions shall be
filled by appointment of the President. But it failed to
foresee that in the event the negative vote prevails
naturally, the sub-province shall continue to be a part
of the original province and continue to be
represented by the provincial officials of the original
province.
However, it would be useless to undo the
plebiscite conducted by COMELEC.
 Voters overwhelmingly voted for the approval of
the conversion of Guimaras into a regular province.
In this event, President shall appoint the provincial
officials for the newly created province of Guimaras
(which in fact President had already done). Guimaras
being a regular and politically independent province
from Iloilo, there is no more legal basis to call for a
special election for the 3municipalities in Guimaras
for purpose of electing their provincial officials.
TRIVIA: In Guimaras , you can eat its famous mangoes but you
cannot take home the mango seed (“buto ng mangga”).
Selection and Transfer of Local Government Sites
Sec11, LGC: Selection and Transfer of Local
Government Site, Offices and Facilities –
(a) The law or ordinance creating or merging local
government units shall specify the seat of
government from where governmental and
corporate services shall be delivered. In
selecting said site, factors relating to
geographical centrality, accessibility, availability
of transportation and communication facilities,
drainage and sanitation, development and
economic progress, and other relevant
considerations shall be taken into account.
(b) When conditions and developments in the local
government unit concerned have significantly
changed subsequent to the establishment of
the seat of government, its sanggunian may,
after public hearing and by a vote of 2/3 of all
its members, transfer the same to a site better
suited to its needs: Provided, however, That no
such transfer shall be made outside the
territorial boundaries of the local government
unit concerned.
The old site, together with the improvements
thereon, may be disposed of by sale or lease or
converted to such other use as the sanggunian
concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(c) Local government offices and facilities shall not
be transferred, relocated, or converted to other
uses unless public hearings are first conducted
for the purpose and the concurrence of the
majority of all the members of the sanggunian
concerned is obtained.
Samson vs. Aguirre (1999)
Facts:
In 1998, President Ramos signed into law RA 8535
creating the City of Novaliches, out of 15 barangays
of QC. Petitioner challenges the constitutionality of
RA 8535 because (1) RA 8535 failed to conform with
the LGC, Sec 7, 11 (a) and 450 (a) as to
requirements of income, population, and land area,
seat of government and no adverse effect to Quezon
City; (2) RA 8535 violated IRR 11(b) (1) and (2) as to
furnishing a copy of the petition calling creation of
Novaliches City to the QC Council and (3) RA 8535
will amend the Constitution
Held: NO, RA 8535 perfectly lawful and
constitutional.
Rule: Every statute is presumed valid. Petitioner did
not overcome the presumption of validity.
As to alleged lack of certifications: Petitioner did not
present proof, but only mere allegations, that no
certifications were submitted to the House of
Representatives Committee on Local Government.
So presumption stands that the law was passed had
complied with all the requisites.
As to petitioner's argument that the oral
manifestations made by the above mentioned gov't
representatives were not enough certification: the
government officials were armed with official statistics
and reference materials. Petitioner also failed to
show that aside from the oral manifestations, these
government officials did not submit written
certifications. Hence, SC shall presume that these
requirements were met on the passage of the
legislative act.
As to failure to specify the seat of government (as
required by sec 11 of the LGC): Indeed, RA 8535
failed to provide for a seat of government for
Novaliches. But this omission is not fatal to the
validity of RA 8535. Under section 12 of the LGC,
Novaliches may still establish a seat of government
after its creation. Note that while sec 12 of the LGC
merely speaks of the site of government centers,
such site can also very well be the seat of
government.
As to adverse effect to QC: QC Mayor Ismael Mathay
Jr. himself, who was present during the deliberations
in the Senate committee hearings, made no mention
of any deleterious effects.
As to the fact that the QC Council was not furnished
a copy of the petition: the purpose of this IRR
requirement is to duly inform the local council of such
petition and for them to have an opportunity to
formulate comments. The matter at hand is widely
publicized already in the media. Hence, the Council
can not claim they were not informed.
Lastly, RA 8535 does not amend the Constitution.
The Ordinance attached to the Constitution merely
apportions the seats of the House of Representatives
to the different legislative districts. Nowhere does it
provide that Metro Manila shall be forever be
composed of only 0f 17 cities and municipalities.
Political and Corporate Nature of Local
Government Units
Sec5, LGC: Rules of Interpretation – In the
interpretation of the provisions of this Code, the
following rules shall apply:
xxx
(d) Rights and obligations existing on the date of
effectivity of this Code and arising out of contracts
or any other source of prestation involving a local
government unit shall be governed by the original
terms and conditions of said contracts or the law in
force at the time such rights were vested; and
xxx
Sec15, LGC: Political and Corporate Nature of
LGUs – Every local government unit created or
recognized under this Code is a body politic and
corporate endowed with powers to be exercised by
it in conformity with law. As such, it shall exercise
powers as a political subdivision of the National
Government and as a corporate entity representing
the inhabitants of its territory.
Lidasan vs. COMELEC (1964)
Facts:
On June 18, 1966, the Chief Executive signed into
law known as RA 4790 creating the new municipality
of Dianaton, Lanao del Sur. Some of the barrios
included in the new municipality came from
municipalities of Cotabato. Prompted by the coming
elections, Comelec adopted its resolution of August
15, 1967, which affirms the new municipality. As the
law stood, twelve barrios - in two municipalities in the
province of Cotabato — are transferred to the
province of Lanao del Sur. This brought about a
change in the boundaries of the two provinces.
Apprised of this development, the Office of the
President, through the Assistant Executive Secretary,
recommended to Comelec that the operation of the
statute be suspended until "clarified by correcting
legislation."
Comelec, by resolution of September 20, 1967, stood
by its own interpretation, declared that the statute
"should be implemented unless declared
unconstitutional by the Supreme Court." Hence the
original action for certiorari and prohibition by Bara
Lidasan.
Held: RA 4790 is unconstitutional.
It suffices if the title should serve the purpose of the
constitutional demand that it inform the legislators,
the persons interested in the subject of the bill, and
the public, of the nature, scope and consequences of
the proposed law and its operation. And this, to lead
them to inquire into the body of the bill, study and
discuss the same, take appropriate action thereon,
and, thus, prevent surprise or fraud upon the
legislators.
In the CAB, the title — "An Act Creating the
Municipality of Dianaton, in the Province of Lanao del
Sur" — projects the impression that solely the
province of Lanao del Sur is affected by the creation
of Dianaton. Not the slightest intimation is there that
communities in the adjacent province of Cotabato are
incorporated in this new Lanao del Sur town. The
phrase "in the Province of Lanao del Sur," read
without subtlety or contortion, makes the title
misleading, deceptive. For, the known fact is that the
legislation has a two-pronged purpose combined in
one statute: (1) it creates the municipality of Dianaton
purportedly from twenty-one barrios in the towns of
Butig and Balabagan, both in the province of Lanao
del Sur; and (2) it also dismembers two municipalities
in Cotabato, a province different from Lanao del Sur.
The transfer of a sizeable portion of territory from one
province to another of necessity involves reduction of
area, population and income of the first and the
corresponding increase of those of the other. This is
as important as the creation of a municipality. And
yet, the title did not reflect this fact.
RA 4790 cannot salvaged by th nullification of the
portion which took away the twelve barrios in the
municipalities of Buldon and Parang in the other
province of Cotabato.
The general rule is that where part of the statute is
void, as repugnant to the Organic Law, while another
part is valid, the valid portion, if separable from the
invalid, may stand and be enforced. But in order to do
this, the valid portion must be so far independent of
the invalid portion that it is fair to presume that the
Legislature would have enacted it by itself if they had
supposed that they could not constitutionally enact
the other.
Municipal corporations perform twin functions. Firstly.
They serve as an instrumentality of the State in
carrying out the functions of government. Secondly.
They act as an agency of the community in the
administration of local affairs. It is in the latter
character that they are a separate entity acting for
their own purposes and not a subdivision of the
State.
Consequently, several factors come to the fore in the
consideration of whether a group of barrios is
capable of maintaining itself as an independent
municipality. Amongst these are population, territory,
and income. It was apparently these same factors
which induced the writing out of House Bill 1247
creating the town of Dianaton. When the foregoing
bill was presented in Congress, unquestionably, the
totality of the twenty-one barrios— not nine barrios—
was in the mind of the proponent thereof. That this is
so, is plainly evident by the fact that the bill itself,
thereafter enacted into law, states that the seat of the
government is in Togaig, which is a barrio in the
municipality of Buldon in Cotabato. And then the
reduced area poses a number of questions, which
the SC may not supply the answer to any of these.
With the known premise that Dianaton was created
upon the basic considerations of progressive
community, large aggregate population and sufficient
income, we may not now say that Congress intended
to create Dianaton with only nine—of the original
twenty-one—barrios, with a seat of government still
left to be conjectured. For, this unduly stretches
judicial interpretation of congressional intent beyond
credibility point. To do so, indeed, is to pass the line
which circumscribes the judiciary and tread on
legislative premises.
FERNANDO, J., dissenting:
The mere fact that in the body of such statute barrios
found in two other municipalities of another province
were included does not of itself suffice for a finding of
nullity by virtue of the constitutional provision
invoked. At the most, the statute to be free from the
insubstantial doubts about its validity must be
construed as not including the barrios, located not in
the municipalities of Butig and Balabagan, Lanao del
Sur, but in Parang and Buldon, Cotabato.
The constitutional requirement is that no bill which
may be enacted into law shall embrace more than
one subject which shall be expressed in the title of
the bill. It is aimed against the evils of the so-called
omnibus bills, and log-rolling legislation, and against
surreptitious or unconsidered enactments. Where the
subject of a bill is limited to a particular matter, the
members of the legislature as well as the people
should be informed of the subject of proposed
legislative measures. This constitutional provision
thus precludes the insertion of riders in legislation, a
rider being a provision not germane to the subject
matter of the bill.
It is not to be narrowly construed though as to cripple
or impede proper legislation. The construction must
be reasonable and not technical. It is sufficient if the
title be comprehensive enough reasonably to include
the general object which the statute seeks to effect
without expressing each and every end and means
necessary for the accomplishment of that object.
Mere details need not be set forth. The legislature is
not required to make the title of the act a complete
index of its contents. The constitutional provision is
satisfied if all parts of an act which relates to its
subject find expression in its title.
It would follow therefore that the challenged
legislation Republic Act No. 4790 is not susceptible to
the indictment that the constitutional requirement as
to legislation having only one subject which should be
expressed in his title was not met. The subject was
the creation of the municipality of Dianaton. That was
embodied in the title.
To avoid any doubt as to that validity of such statue, it
must be construed as to exclude from Dianaton all of
such barrios mentioned in RA 4790 found in
municipalities outside Lanao del Sur. As thus
interpreted, the statute can meet the test of the most
rigid scrutiny. Nor is this to do violence to the
legislative intent. What was created was a new
municipality from barrios named as found in Lanao
del Sur. This construction assures precisely that.
Torio vs. Fontanilla (1978)
Facts:
The Municipal Council of Malasiqui, Pangasinan,
resolved to celebrate the town fiesta and created a
"Town Fiesta Executive Committee" to undertake,
manage and supervise the festivities. The Executive
Committee created a sub-committee on
"Entertainment and Stage", which constructed two
stages, one for the "zarzuela" and another for
"cancionan." During the program people went up the
"zarzuela" stage and before the play was over the
stage collapsed, pinning underneath one of the
performers, resulting in his death.
The heirs of the deceased sued the municipality and
the councilors for damages. The municipality invoked
inter alia the principal defense that the holding of a
town fiesta was an exercise of its governmental
function from which no liability can arise to answer for
the negligence of any of its agents. The councilors
maintained that they merely acted as agents of the
municipality in carrying out the municipal ordinance.
The trial court dismissed the complaint of a finding
that the petitioners exercised due diligence and care
of a good father of a family in selecting a competent
man to construct the stage and if it collapsed it was
due to forces beyond the control of the committee on
entertainment and stage.
The Court of Appeals reversed.
Held: The celebration a town fiesta is an
undertaking in the exercise of a municipality's
government proprietary character thus is liable.
The powers of a municipality are twofold in character
— public, governmental, or political on the one hand,
and corporate, private, or proprietary on the other.
Governmental powers are those exercised by the
corporation in administering the powers of the state
and promoting the public welfare and they include the
legislative, judicial, public, and political, Municipal
powers on the other hand are exercised for the
special benefit and advantage of the community and
include those which are ministerial, private and
corporate.
In the CAB, Section 2282 of the Chapter on Municipal
Law of the Revised Administrative Code simply gives
authority to the municipality to celebrate a yearly
fiesta but it does not impose upon it a duty to observe
one. Holding a fiesta even if the purpose is to
commemorate a religious or historical event of the
town is in essence an act for the special benefit of the
community and not for the general welfare of the
public performed in pursuance of a policy of the state.
The mere fact that the celebration, as claimed, was
not to secure profit or gain but merely to provide
entertainment to the town inhabitants is not a
conclusive test. For instance, the maintenance of
parks is not a source of income for the town,
nonetheless it is private undertaking as distinguished
from the maintenance of public schools, jails, and the
like which are for public service. Easily, no
governmental or public policy of the state is involved
in the celebration of a town fiesta.
Since the injury was caused respect to the
municipality’s proprietary functions, the settled rule is
that a municipal corporation can be held liable to third
persons ex contractu or ex delicto if found negligent,
which the CA found and held that there was
negligence.
The municipality acting through its municipal council
appointed Macaraeg as chairman of the sub-
committee on entertainment and in charge of the
construction of the "zarzuela" stage. Macaraeg acted
merely as an agent of the Municipality. Under the
doctrine of respondent superior mentioned petitioner
is responsible or liable for the negligence of its agent
acting within his assigned tasks.
". . . when it is sought to render a municipal
corporation liable for the act of servants or agents, a
cardinal inquiry is, whether they are the servants or
agents of the corporation. If the corporation appoints
or elects them, can control them in the discharge of
their duties, can continue or remove them, can hold
them responsible for the manner in which they
discharge their trust, and if those duties relate to the
exercise of corporate powers, and are for the peculiar
benefit of the corporation in its local or special
interest, they may justly be regarded as its agents or
servants, and the maxim of respondent superior
applies." . . . (Dillon on Municipal Corporations, 5th
Ed., Vol. IV, p. 2879)
City of Manila vs. IAC (1989)
Facts:
In 1971, Vivencio Sto. Domingo died and was buried
in the North Cemetery (NC; Lot 159), leased by the
City to wife Irene for 50 yrs. Full payment of the
rental fee is evidenced by official receipt which,
although appearing regular on its face, does not
reflect the term of duration of the lease. City Mayor
issued an Admin Order which prescribes a uniform
procedure and guidelines in the processing of
documents for the use and disposition of burial lots
and plots within NC. By virtue of said AO, it was
believed that Lot 159 was leased only for 5 years to
the Sto. Domingos. In 1978, Vivencio’s remains were
exhumed and placed in a bag and placed in the
depository of the cemetery. Sto. Domingos visited the
lot but found a new lessee therein. They inquired
about the remains of Vivencio and was told that she
can simply look for the remains of her husband in the
warehouse of the cemetery. Irene claims that it was
impossible to locate the remains of Vivencio in a
depository containing thousands of sacks of human
bones. Irene claims damages. City says it isn’t liable
since operation of a public cemetery is a
governmental function.
Held: The operations and functions of a public
cemetery is a proprietary function of the City
City of Manila is a political body corporate and as
such is endowed with the faculties of municipal
corporations to be exercised by and through its city
government in conformity with law, and in its
corporate name. It may therefore sue and be sued,
and contract and be contracted with.
Maintenance of parks, golf courses, cemeteries and
airports, among others, are recognized as municipal
or city activities of a proprietary character.
In the absence of special laws, the NC is a
patrimonial property (see Art 424 CC) of the City
over which it exercises acts of dominion. There is
therefore no doubt that the NC is owned by the City
in its proprietary or private character.
The obligations arising from the contract of lease has
the force of law between the parties in the CAB. The
City’s breach of a contractual provision entitles the
Sto. Domingos to damages
Under the doctrine of respondeat superior, the City is
liable for the tortius acts committed by its agents who
failed to verify and check the duration of the contract
of lease.
Macasiano vs. Diokno
Facts:
Municipality of Paranaque passed an Ordinance
which authorized the (1) closure of certain streets at
Baclaran and (2) the establishment of a flea market
thereon. Such was passed pursuant to an MMC
Ordinance authorizing and regulating the use of
certain city streets, roads and open spaces within
M.Mla. as sites for flea markets or vending areas.
Ordinance was later approved by the M.Mla Authority
subject to the certain conditions. Paranaque mayor
entered into an agreement with Palanyag, a service
cooperative, for the establishment and operation of
the flea market. PNP Superintendent Macasiano
ordered the confiscation of stalls put up by Palanyag
and the discontinuation of the operation of the flea
market. TC upheld validity of Ordinance No. 86 and
enjoined Macasiano from enforcing his letter-order.
Held: The ordinance by Paranaque authorizing
the lease and use of public streets or
thoroughfares as sites for flea market is invalid.
Streets are local roads used for public service and
are therefore considered public properties.
Properties of the local government which are devoted
to public service are deemed public and are under
the absolute control of Congress. Hence, local govts.
Have no authority whatsoever to control or regulate
the use of public properties unless specific authority
is vested upon them by Congress.
Sec 10 Chapter II of the LGC, although authorizing
LGUs to close roads and similar public places, should
be deemed limited by Art 424 CC which provides that
properties of public dominion devoted to public use
and made available to the public in general are
outside the commerce of man and cannot be
disposed of or leased by the LGC to private persons.
Closure should be for the sole purpose of
withdrawing the road or other public property from
public use when circumstances show that such
property is no longer intended or necessary for public
use or service. When the property is already
withdrawn from public use, it becomes patrimonial
property of the LGU which it can then lawfully use or
convey.
The right of the public to use the city streets may not
be bargained away through contract.
Even assuming that the municipality has the authority
to pass the disputed ordinance, it cannot be
considered approved by the M.Mla. Authority due to
non-compliance with the imposed conditions. Also,
the establishment of the flea market would not help in
solving the problem of congestion in Baclaran.
General Welfare Clause
Sec16, LGC: General Welfare. – Every local
government unit shall exercise the powers
expressly granted, those necessarily implied
therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and
effective governance, and those which are
essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local
government units shall ensure and support, among
other things, the preservation and enrichment of
culture, promote health and safety, enhance the
right of the people to a balanced ecology,
encourage and support the development of
appropriate and self-reliant scientific and
technological capabilities, improve public morals,
enhance economic prosperity and social justice,
promote full employment among their residents,
maintain peace and order, and preserve the
comfort and convenience of their inhabitants.
Sangguniang Barangay
Sec391, LGC: Powers, Duties, and Functions. –
(a) The sangguniang barangay, as the legislative
body of the barangay, shall:
(1) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon
it by law or ordinance and to promote the
general welfare of the inhabitants therein;
(2) Enact tax and revenue ordinances, subject to
the limitations imposed in this Code;
(3) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
(4) Provide for the construction and maintenance
of barangay facilities and other public works
projects chargeable to the general fund of the
barangay or such other funds actually
available for the purpose;
(5) Submit to the sangguniang panlungsod or
sangguniang bayan such suggestions or
recommendations as it may see fit for the
improvement of the barangay or for the
welfare of the inhabitants thereof;
(6) Assist in the establishment, organization, and
promotion of cooperative enterprises that will
 improve the economic condition and well-
being of the residents;
(7) Regulate the use of multi-purpose halls, multi-
purpose pavements, grain or copra dryers,
patios and other post-harvest facilities,
barangay waterworks, barangay markets,
parking areas or other similar facilities
constructed with government funds within the
jurisdiction of the barangay and charge
reasonable fees for the use thereof;
(8) Solicit or accept monies, materials and
voluntary labor for specific public works and
cooperative enterprises of the barangay from
residents, land owners, producers and
merchants in the barangay; monies from
grants-in-aid, subsidies, contributions, and
revenues made available to the barangays
from national, provincial, city or municipal
funds; and monies from other private
agencies and individuals: Provided, however,
That monies or properties donated by private
agencies and individuals for specific purposes
shall accrue to the barangay as trust fund;
(9) Solicit or accept, in any or all the foregoing
public works and cooperative enterprises,
such cooperation as is made available by
national, provincial, city, or municipal agencies
established by law to render financial,
technical, and advisory assistance to
barangays and to barangay residents:
Provided, however, That in soliciting or
accepting such cooperation, the sangguniang
barangay need not pledge any sum of money
for expenditure in excess of amounts currently
in the barangay treasury or encumbered for
other purposes;
(10) Provide compensation, reasonable
allowances or per diems as well as travel
expenses for sangguniang barangay
members and other barangay officials, subject
to the budgetary limitations prescribed under
Title Five, Book II of this Code: Provided,
however, That no increase in the com-
pensation or honoraria of the sangguniang
barangay members shall take effect until after
the expiration of the full term of all members
of the sangguniang barangay approving such
increase;
(11) Hold fund-raising activities for barangay
projects without the need of securing permits
from any national or local office or agency.
The proceeds from such activities shall be
tax-exempt and shall accrue to the general
fund of the barangay: Provided, That in the
appropriation thereof, the specific purpose for
which such fund-raising activity has been held
shall be first satisfied: Provided, further, That
no fund-raising activities shall be held within a
period of sixty (60) days immediately
preceding and after a national or local
election, recall, referendum, or plebiscite:
Provided, finally, That said fund-raising
activities shall comply with national policy
standards and regulations on morals, health,
and safety of the persons participating therein.
The sangguniang barangay, through the
punong barangay, shall render a public
accounting of the funds raised at the
completion of the project for which the fund-
raising activity was under- taken;
(12) Authorize the punong barangay to enter into
contracts in behalf of the barangay, subject to
the provisions of this Code;
(13) Authorize the barangay treasurer to make
direct purchases in an amount not exceeding
One thousand pesos (P1,000.00) at any one
time for the ordinary and essential
administrative needs of the barangay;
(14) Prescribe fines in amounts not exceeding One
thousand pesos (P1,000.00) for violation of
barangay ordinances;
(15) Provide for the administrative needs of the
lupong tagapamayapa and the pangkat ng
tagapagkasundo;
(16) Provide for the organization of community
brigades, barangay tanod, or community
service units as may be necessary;
(17) Organize regular lectures, programs, or fora
on community problems such as sanitation,
nutrition, literacy, and drug abuse, and
convene assemblies to encourage citizen
participation in government;
(18) Adopt measures to prevent and control the
proliferation of squatters and mendicants in
the barangay;
(19) Provide for the proper development and
welfare of children in the barangay by
promoting and supporting activities for the
protection and total development of children,
particularly those below seven (7) years of
age;
(20) Adopt measures towards the prevention and
eradication of drug abuse, child abuse, and
juvenile delinquency;
(21) Initiate the establishment of a barangay high
school, whenever feasible, in accordance with
law;
(22) Provide for the establishment of a non-formal
education center in the barangay whenever
feasible, in coordination with the Department
of Education, Culture and Sports, ;
(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such
other duties and functions as may be
prescribed by law or ordinance.
Sangguniang Bayan
Sec447, LGC: Powers, Duties, Functions and
Compensation. – (a) The sangguniang bayan, as
the legislative body of the municipality, shall enact
ordinances, approve resolutions and appropriate
funds for the general welfare of the municipality
and its inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate
powers of the municipality as provided for under
Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective
municipal government, and in this connection
shall:
(i) Review all ordinances approved
by the sangguniang barangay and executive
orders issued by the punong barangay to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the punong barangay;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a
fine not exceeding Two thousand five
hundred pesos (P=2,500.00) or an
imprisonment for a period not exceeding six
(6) months, or both in the discretion of the
court, for the violation of a municipal
ordinance;
(iv) Adopt measures to protect the
inhabitants of the municipality from the
harmful effects of man-made or natural
disasters and calamities and to provide relief
services and assistance for victims during
and in the aftermath of said disasters or
calamities and their return to productive
livelihood following said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
such other activities inimical to the welfare
and morals of the inhabitants of the
municipality;
(vi) Protect the environment and
impose appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;
(vii) Subject to the provisions of this
Code and pertinent laws, determine the
powers and duties of officials and employees
of the municipality;
(viii) Determine the positions and the
salaries, wages, allowances and other
emoluments and benefits of officials and
employees paid wholly or mainly from
municipal funds and provide for expenditures
necessary for the proper conduct of
programs, projects, services, and activities of
the municipal government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefor, to ensure the
safety and protection of all municipal
government property, public documents, or
records such as those relating to property
inventory, land ownership, records of births,
marriages, deaths, assessments, taxation,
accounts, business permits, and such other
records and documents of public interest in
the offices and departments of the municipal
government;
(xi) When the finances of the
municipal government allow, provide for
additional allowances and other benefits to
judges, prosecutors, public elementary and
high school teachers, and other national
government officials stationed in or assigned
to the municipality;
(xii) Provide for legal assistance to
barangay officials who, in the performance of
their official duties or on the occasion thereof,
have to initiate judicial proceedings or defend
themselves against legal action; and, (xiii)
Provide for group insurance or additional
insurance coverage for barangay officials,
including members of barangay tanod
brigades and other service units, with public
or private insurance companies, when the
finances of the municipal government allow
said coverage.
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the
municipality as provided for under Section 18
of this Code with particular attention to agro-
industrial development and countryside
growth and progress, and relative thereto,
shall:
(i) Approve the annual and
supplemental budgets of the municipal
government and appropriate funds for
specific programs, projects, services and
activities of the municipality, or for other
purposes not contrary to law, in order to
promote the general welfare of the
municipality and its inhabitants;
(ii) Subject to the provisions of Book
II of this Code and applicable laws and
upon the majority vote of all the members of
the sangguniang bayan, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book
II of this Code and upon the majority vote of
all the members of the sangguniang bayan,
authorize the municipal mayor to negotiate
and contract loans and other forms of
indebtedness;
(iv) Subject to the provisions of Book
II of this Code and applicable laws and
upon the majority vote of all the members of
the sangguniang bayan, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the
purpose of raising funds to finance
development projects;
(v) Appropriate funds for the
construction and maintenance or the rental
of buildings for the use of the municipality
and, upon the majority vote of all the
members of the sangguniang bayan,
authorize the municipal mayor to lease to
private parties such public buildings held in
a proprietary capacity, subject to existing
laws, rules and regulations;
(vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the municipality;
(vii) Adopt a comprehensive land use
plan for the municipality: Provided, That the
formulation, adoption, or modification of
said plan shall be in coordination with the
approved provincial comprehensive land
use plan;
(viii) Reclassify land within the
jurisdiction of the municipality, subject to the
pertinent provisions of this Code;
(ix) Enact integrated zoning
ordinances in consonance with the
approved comprehensive land use plan,
subject to existing laws, rules and
regulations; establish fire limits or zones,
particularly in populous centers; and
regulate the construction, repair or
modification of buildings within said fire
limits or zones in accordance with the
provisions of the Fire Code;
(x) Subject to national law, process
and approve subdivision plans for
residential, commercial, or industrial
purposes and other development purposes,
and collect processing fees and other
charges, the proceeds of which shall accrue
entirely to the municipality: Provided,
however, That, where approval by a
national agency or office is required, said
approval shall not be withheld for more than
thirty (30) days from receipt of the
application. Failure to act on the application
within the period stated above shall be
deemed as approval thereof;
(xi) Subject to the provisions of Book
II of this Code, grant the exclusive privilege
of constructing fish corrals or fish pens, or
the taking or catching of bangus fry, prawn
fry or kawag-kawag or fry of any species or
fish within the municipal waters;
(xii) With the concurrence of at least
two-thirds (2/3) of all the members of the
sangguniang bayan, grant tax exemptions,
incentives or reliefs to entities engaged in
community growth-inducing industries,
subject to the provisions of Chapter 5, Title
I, Book II of this Code;
(xiii) Grant loans or provide grants to
other local government units or to national,
provincial and municipal charitable,
benevolent or educational institutions:
Provided, That said institutions are operated
and maintained within the municipality;
(xiv) Regulate the numbering of
residential, commercial and other buildings;
and,
(xv) Regulate the inspection, weighing
and measuring of articles of commerce.
(3) Subject to the provisions of Book II of this
Code, grant franchises, enact ordinances
authorizing the issuance of permits or
licenses, or enact ordinances levying taxes,
fees and charges upon such conditions and
for such purposes intended to promote the
general welfare of the inhabitants of the
municipality, and pursuant to this legislative
authority shall:
(i) Fix and impose reasonable fees
and charges for all services rendered by the
municipal government to private persons or
entities;
(ii) Regulate any business,
occupation, or practice of profession or
calling which does not require government
examination within the municipality and the
conditions under which the license for said
business or practice of profession may be
issued or revoked;
 (iii) Prescribe the terms and
conditions under which public utilities
owned by the municipality shall be operated
by the municipal government or leased to
private persons or entities, preferably
cooperatives;
(iv) Regulate the display of and fix
the license fees for signs, signboards, or
billboards at the place or places where the
profession or business advertised thereby
is, in whole or in part, conducted;
(v) Any law to the contrary
notwithstanding, authorize and license the
establishment, operation, and maintenance
of cockpits, and regulate cockfighting and
commercial breeding of gamecocks:
Provided, That existing rights should not be
prejudiced;
(vi) Subject to the guidelines
prescribed by the Department of
Transportation and Communications,
regulate the operation of tricycles and grant
franchises for the operation thereof within
the territorial jurisdiction of the municipality;
(vii) Upon approval by a majority vote
of all the members of the sangguniang
bayan, grant a franchise to any person,
partnership, corporation, or cooperative to
establish, construct, operate and maintain
ferries, wharves, markets or
slaughterhouses, or such other similar
activities within the municipality as may be
allowed by applicable laws: Provided, That,
cooperatives shall be given preference in
the grant of such a franchise.
(4) Regulate activities relative to the use of land,
buildings and structures within the municipality
in order to promote the general welfare and
for said purpose shall:
(i) Declare, prevent or abate any
nuisance;
(ii) Require that buildings and the
premises thereof and any land within the
municipality be kept and maintained in a
sanitary condition; impose penalties for any
violation thereof, or upon failure to comply
with said requirement, have the work done
and require the owner, administrator or
tenant concerned to pay the expenses of the
same; or require the filling up of any land or
premises to a grade necessary for proper
sanitation;
(iii) Regulate the disposal of clinical
and other wastes from hospitals, clinics and
other similar establishments;
(iv) Regulate the establishment,
operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses, and
other similar establishments, including tourist
guides and transports;
(v) Regulate the sale, giving away or
dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail
outlet;
(vi) Regulate the establishment and
provide for the inspection of steam boilers or
any heating device in buildings and the
storage of inflammable and highly
combustible materials within the municipality;
(vii) Regulate the establishment,
operation, and mainte nance of
entertainment or amusement facilities,
including theatrical performances, circuses,
billiard pools, public dancing schools, public
dance halls, sauna baths, massage parlors,
and other places of entertainment or
amusement; regulate such other events or
activities for amusement or entertainment,
particularly those which tend to disturb the
community or annoy the inhabitants, or
require the suspension or suppression of the
same; or, prohibit certain forms of
amusement or entertainment in order to
protect the social and moral welfare of the
community;
(viii) Provide for the impounding of
stray animals; regulate the keeping of
animals in homes or as part of a business,
and the slaughter, sale or disposition of the
same; and adopt measures to prevent and
penalize cruelty to animals; and
(ix) Regulate the establishment,
operation, and maintenance of funeral
parlors and the burial or cremation of the
dead, subject to existing laws, rules and
regulations.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code, and in addition to
said services and facilities, shall:
(i) Provide for the establishment,
maintenance, protection, and conservation
of communal forests and water sheds, tree
parks, greenbelts, mangroves, and other
similar forest development projects;
(ii) Establish markets,
slaughterhouses or animal corrals and
authorize the operation thereof, and
regulate the construction and operation of
private markets, talipapas or other similar
buildings and structures;
(iii) Authorize the establishment,
maintenance and operation of ferries,
wharves, and other structures, and marine
and seashore or offshore activities
intended to accelerate productivity;
(iv) Regulate the preparation and
sale of meat, poultry, fish, vegetables,
fruits, fresh dairy products, and other
foodstuffs for public consumption;
(v) Regulate the use of streets,
avenues, alleys, sidewalks, bridges, parks
and other public places and approve the
construction, improvement, repair and
maintenance of the same; establish bus
and vehicle stops and terminals or
regulate the use of the same by privately-
owned vehicles which serve the public;
regulate garages and the operation of
conveyances for hire; designate stands to
be occupied by public vehicles when not in
use; regulate the putting up of signs,
signposts, awnings and awning posts on
the streets; and provide for the lighting,
cleaning and sprinkling of streets and
public places;
(vi) Regulate traffic on all streets and
bridges, prohibit the putting up of
encroachments or obstacles thereon, and,
when necessary in the interest of public
welfare, authorize the removal of
encroachments and illegal constructions in
public places;
(vii) Subject to existing laws, provide
for the establishment, operation,
maintenance, and repair of an efficient
waterworks system to supply water for the
inhabitants; regulate the construction,
maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; protect the
purity and quantity of the water supply of
the municipality and, for this purpose,
extend the coverage of appropriate
ordinances over all territory within the
drainage area of said water supply and
within one hundred (100) meters of the
reservoir, conduit, canal, aqueduct,
pumping station, or watershed used in
connection with the water service; and
regulate the consumption, use or wastage
of water;
(viii) Regulate the drilling and
excavation of the ground for the laying of
water, gas, sewer, and other pipes and the
construction, repair and maintenance of
public drains, sewers, cesspools, tunnels
and similar structures; regulate the placing
of poles and the use of crosswalks, curbs,
and gutters; adopt measures to ensure
public safety against open canals,
manholes, live wires and other similar
hazards to life and property; and, regulate
the construction and use of private water
closets, privies and other similar structures
in buildings and homes;
(ix) Regulate the placing, stringing,
attaching, installing, repair and
construction of all gas mains, electric,
telegraph and telephone wires, conduits,
meters and other apparatus; and, provide
for the correction, condemnation or
removal of the same when found to be
dangerous, defective or otherwise
hazardous to the welfare of the
inhabitants;
(x) Subject to the availability of funds
and to existing laws, rules and regulations,
establish and provide for the operation of
vocational and technical schools and
similar post-secondary institutions and,
with the approval of the Department of
Education, Culture and Sports, fix and
collect reasonable fees and other school
charges on said institutions, subject to
existing laws on tuition fees;
(xi) Establish a scholarship fund for
poor but deserving students residing within
the municipality in schools located within
its jurisdiction;
(xii) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases;
(xiii) Provide for an efficient and
effective system of solid waste and
garbage collection and disposal and
prohibit littering and the placing or
throwing of garbage, refuse and other filth
and wastes;
(xiv) Provide for the care of paupers,
the aged, the sick, persons of unsound
mind, disabled persons, abandoned
minors, juvenile delinquents, drug
dependents, abused children and other
needy and disadvantaged persons,
particularly children and youth below
eighteen (18) years of age and, subject to
availability of funds, establish and provide
for the operation of centers and facilities
for said needy and disadvantaged
persons;
(xv) Establish and provide for the
maintenance and improvement of jails and
detention centers, institute sound jail
management programs, and appropriate
funds for the subsistence of detainees and
convicted prisoners in the municipality;
(xvi) Establish a municipal council
whose purpose is the promotion of culture
and the arts, coordinate with government
agencies and non-governmental
organizations and, subject to the
availability of funds, appropriate funds for
the support and development of the same;
and
 (xvii) Establish a municipal council for
the elderly which shall formulate policies
and adopt measures mutually beneficial to
the elderly and to the community; provide
incentives for non-governmental agencies
and entities and, subject to the availability
of funds, appropriate funds to support
programs and projects for the benefit of
the elderly; and
(6) Exercise such other powers and perform such
other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang bayan shall
receive a minimum monthly compensation
corresponding to Salary Grade twenty-four (24) as
prescribed under R.A. 6758 and the implementing
guidelines issued pursuant thereto: Provided, That,
in municipalities in the Metropolitan Manila Area
and other metropolitan political subdivisions,
members of the sangguniang bayan shall receive a
minimum monthly compensation corresponding to
Salary grade twenty-five (25).
Sangguniang Panlungsod
Sec458, LGC: Powers, Duties, Functions and
Compensation. – (a) The sangguniang
panlungsod, as the legislative body of the city, shall
enact ordinances, approve resolutions and
appropriate funds for the general welfare of the city
and its inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate
powers of the city as provided for under Section 22
of this Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective city
government, and in this connection, shall:
(i) Review all ordinances approved
by the sangguniang barangay and executive
orders issued by the punong barangay to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the punong barangay;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a
fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period
not exceeding one (1) year, or both in the
discretion of the court, for the violation of a
city ordinance;
(iv) Adopt measures to protect the
inhabitants of the city from the harmful effects
of man-made or natural disasters and
calamities, and to provide relief services and
assistance for victims during and in the
aftermath of said disasters or calamities and
their return to productive livelihood following
said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
such other activities inimical to the welfare
and morals of the inhabitants of the city;
(vi) Protect the environment and
impose appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;
(vii) Subject to the provisions of this
Code and pertinent laws, determine the
powers and duties of officials and employees
of the city;
(viii) Determine the positions and the
salaries, wages, allowances and other
emoluments and benefits of officials and
employees paid wholly or mainly from city
funds and provide for expenditures
necessary for the proper conduct of
programs, projects, services, and activities of
the city government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefor, to ensure the
safety and protection of all city government
property, public documents, or records such
as those relating to property inventory, land
ownership, records of births, marriages,
deaths, assessments, taxation, accounts,
business permits, and such other records
and documents of public interest in the
offices and departments of the city
government;
(xi) When the finances of the city
government allow, provide for additional
allowances and other benefits to judges,
 prosecutors, public elementary and high
school teachers, and other national
government officials stationed in or assigned
to the city;
(xii) Provide legal assistance to
barangay officials who, in the performance of
their official duties or on the occasion thereof,
have to initiate judicial proceedings or defend
themselves against legal action; and
(xiii) Provide for group insurance or
additional insurance coverage for all
barangay officials, including members of
barangay tanod brigades and other service
units, with public or private insurance
companies, when the finances of the city
government allow said coverage;
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the city as
provided for under Section 18 of this Code,
with particular attention to agro-industrial
development and city-wide growth and
progress, and relative thereto, shall:
(i) Approve the annual and
supplemental budgets of the city government
and appropriate funds for specific programs,
projects, services and activities of the city, or
for other purposes not contrary to law, in
order to promote the general welfare of the
city and its inhabitants;
(ii) Subject to the provisions of Book
II of this Code and applicable laws and upon
the majority vote of all the members of the
sangguniang panlungsod, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book
II of this Code and upon the majority vote of
all the members of the sangguniang
panlungsod, authorize the city mayor to
negotiate and contract loans and other forms
of indebtedness;
(iv) Subject to the provisions of Book
II of this Code and applicable laws and upon
the majority vote of all the members of the
sangguniang panlungsod, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the purpose
of raising funds to finance development
projects;
(v) Appropriate funds for the
construction and maintenance or the rental of
buildings for the use of the city; and, upon
the majority vote of all the members of the
sangguniang panlungsod, authorize the city
mayor to lease to private parties such public
buildings held in a proprietary capacity,
subject to existing laws, rules and
regulations;
(vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the city;
(vii) Adopt a comprehensive land use
plan for the city: Provided, That in the case of
component cities, the formulation, adoption
or modification of said plan shall be in
coordination with the approved provincial
comprehensive land use plan;
(viii) Reclassify land within the
jurisdiction of the city, subject to the pertinent
provisions of this Code;
(ix) Enact integrated zoning
ordinances in consonance with the approved
comprehensive land use plan, subject to
existing laws, rules and regulations; establish
fire limits or zones, particularly in populous
centers; and regulate the construction, repair
or modification of buildings within said fire
limits or zones in accordance with the
provisions of the Fire Code;
(x) Subject to national law, process
and approve subdivision plans for residential,
commercial, or industrial purposes and other
development purposes, and to collect
processing fees and other charges, the
proceeds of which shall accrue entirely to the
city: Provided, however, That where approval
of a national agency or office is required, said
approval shall not be withheld for more than
thirty (30) days from receipt of the
application. Failure to act on the application
within the period stated above shall be
deemed as approval thereof;
(xi) Subject to the provisions of Book
II of this Code, grant the exclusive privilege
of constructing fish corrals or fish pens, or
the taking or catching of bangus fry, prawn fry
or kawag-kawag, or fry of any species or fish
within the city waters;
(xii) With the concurrence of at least
two-thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax
exemptions, incentives or reliefs to entities
engaged in community growth-inducing
industries, subject to the provisions of
Chapter 5, Title I, Book II of this Code;
(xiii) Grant loans or provide grants to
other local government units or to national,
provincial, and city charitable, benevolent or
educational institutions: Provided, That, said
institutions are operated and maintained
within the city;
(xiv) Regulate the numbering of
residential, commercial and other buildings;
and,
(xv) Regulate the inspection, weighing
and measuring of articles of commerce.
(3) Subject to the provisions of Book II of this
Code, enact ordinances granting franchises
and authorizing the issuance of permits or
licenses, upon such conditions and for such
purposes intended to promote the general
welfare of the inhabitants of the city and
pursuant to this legislative authority shall:
(i) Fix and impose reasonable fees
and charges for all services rendered by the
city government to private persons or
entities;
(ii) Regulate or fix license fees for
any business or practice of profession within
the city and the conditions under which the
license for said business or practice of
profession may be revoked and enact
ordinances levying taxes thereon;
(iii) Provide for and set the terms and
conditions under which public utilities owned
by the city shall be operated by the city
government, and prescribe the conditions
under which the same may be leased to
private persons or entities, preferably
cooperatives;
(iv) Regulate the display of and fix
the license fees for signs, signboards, or
billboards at the place or places where the
profession or business advertised thereby is,
in whole or in part, conducted;
(v) Any law to the contrary
notwithstanding, authorize and license the
establishment, operation, and maintenance
of cockpits, and regulate cockfighting and
commercial breeding of gamecocks:
Provided, That existing rights should not be
prejudiced;
(vi) Subject to the guidelines
prescribed by the DOTC, regulate the
operation of tricycles and grant franchises for
the operation thereof within the territorial
jurisdiction of the city;
(vii) Upon approval by a majority vote
of all the members of the sangguniang
panlungsod: grant a franchise to any person,
partnership, corporation, or cooperative to do
business within the city; establish, construct,
operate and maintain ferries, wharves,
markets or slaughterhouses; or undertake
such other activities within the city as may be
allowed by existing laws: Provided, That,
cooperatives shall be given preference in the
grant of such a franchise.
(4) Regulate activities relative to the use of land,
buildings and structures within the city in order
to promote the general welfare and for said
purpose shall:
(i) Declare, prevent or abate any
nuisance;
(ii) Require that buildings and the
premises thereof and any land within the city
be kept and maintained in a sanitary
condition; impose penalties for any violation
thereof; or, upon failure to comply with said
requirement, have the work done at the
expense of the owner, administrator or tenant
concerned; or require the filling up of any
land or premises to a grade necessary for
proper sanitation;
(iii) Regulate the disposal of clinical
and other wastes from hospitals, clinics and
other similar establishments;
(iv) Regulate the establishment,
operation and cafes, restaurants,
beerhouses, hotels, motels, inns, pension
houses, lodging houses, and other similar
establishments, including tourist guides and
transports;
(v) Regulate the sale, giving away or
dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail
outlet;
(vi) Regulate the establishment and
provide for the inspection of steam boilers or
any heating device in buildings and the
storage of inflammable and highly
combustible materials within the city;
(vii) Regulate the establishment,
operation, and maintenance of any
entertainment or amusement facilities,
including theatrical performances, circuses,
billiard pools, public dancing schools, public
dance halls, sauna baths, massage parlors,
and other places for entertainment or
amusement; regulate such other events or
activities for amusement or entertainment,
particularly those which tend to disturb the
community or annoy the inhabitants, or
require the suspension or suppression of the
same; or, prohibit certain forms of
amusement or entertainment in order to
protect the social and moral welfare of the
community;
(viii) Provide for the impounding of
stray animals; regulate the keeping of
animals in homes or as part of a business,
and the slaughter, sale or disposition of the
same; and adopt measures to prevent and
penalize cruelty to animals; and,
(ix) Regulate the establishment,
operation and maintenance of funeral parlors
and the burial or cremation of the dead,
subject to existing laws, rules and
regulations.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code, and in addition to
said services and facilities, shall:
(i) Provide for the establishment,
maintenance, protection, and conservation
 of communal forests and water sheds, tree
parks, greenbelts, mangroves, and other
similar forest development projects;
(ii) Establish markets,
slaughterhouses or animal corrals and
authorize the operation thereof by the city
government; and regulate the construction
and operation of private markets, talipapas
or other similar buildings and structures;
(iii) Authorize the establishment,
maintenance and operation by the city
government of ferries, wharves, and other
structures intended to accelerate
productivity related to marine and seashore
or offshore activities;
(iv) Regulate the preparation and
sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs
for public consumption;
(v) Regulate the use of streets,
avenues, alleys, sidewalks, bridges, parks
and other public places and approve the
construction, improvement, repair and
maintenance of the same; establish bus and
vehicle stops and terminals or regulate the
use of the same by privately-owned
vehicles which serve the public; regulate
garages and the operation of conveyances
for hire; designate stands to be occupied by
public vehicles when not in use; regulate
the putting up of signs, signposts, awnings
and awning posts on the streets; and
provide for the lighting, cleaning and
sprinkling of streets and public places;
(vi) Regulate traffic on all streets and
bridges; prohibit encroachments or
obstacles thereon and, when necessary in
the interest of public welfare, authorize the
removal of encroachments and illegal
constructions in public places;
(vii) Subject to existing laws, establish
and provide for the maintenance, repair and
operation of an efficient waterworks system
to supply water for the inhabitants and to
purify the source of the water supply;
regulate the construction, maintenance,
repair and use of hydrants, pumps, cisterns
and reservoirs; protect the purity and
quantity of the water supply of the city and,
for this purpose, extend the coverage of
appropriate ordinances over all territory
within the drainage area of said water
supply and within one hundred (100) meters
of the reservoir, conduit, canal, aqueduct,
pumping station, or watershed used in
connection with the water service; and
regulate the consumption, use or wastage
of water and fix and collect charges
therefor;
(viii) Regulate the drilling and
excavation of the ground for the laying of
water, gas, sewer, and other pipes and the
construction, repair and maintenance of
public drains, sewers, cesspools, tunnels
and similar structures; regulate the placing
of poles and the use of crosswalks, curbs,
and gutters; adopt measures to ensure
public safety against open canals,
manholes, live wires and other similar
hazards to life and property; and regulate
the construction and use of private water
closets, privies and other similar structures
in buildings and homes;
(ix) Regulate the placing, stringing,
attaching, installing, repair and construction
of all gas mains, electric, telegraph and
telephone wires, conduits, meters and other
apparatus; and provide for the correction,
condemnation or removal of the same when
found to be dangerous, defective, or
otherwise hazardous to the welfare of the
inhabitants;
(x) Subject to the availability of funds
and to existing laws, rules and regulations,
establish and provide for the operation of
vocational and technical schools and similar
post-secondary institutions and, with the
approval of the Department of Education,
Culture and Sports and subject to existing
law on tuition fees, fix and collect
reasonable tuition fees and other school
charges in educational institutions
supported by the city government;
(xi) Establish a scholarship fund for
the poor but deserving students in schools
located within its jurisdiction or for students
residing within the city;
(xii) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases;
(xiii) Provide for an efficient and
effective system of solid waste and garbage
collection and disposal; prohibit littering and
the placing or throwing of garbage, refuse
and other filth and wastes;
(xiv) Provide for the care of disabled
persons, paupers, the aged, the sick,
persons of unsound mind, abandoned
minors, juvenile delinquents, drug
dependents, abused children and other
needy and disadvantaged persons,
particularly children and youth below
eighteen (18) years of age; and, subject to
availability of funds, establish and provide
for the operation of centers and facilities for
said needy and disadvantaged persons;
(xv) Establish and provide for the
maintenance and improvement of jails and
detention centers, institute a sound jail
 management, and appropriate funds for the
subsistence of detainees and convicted
prisoners in the city;
(xvi) Establish a City council whose
purpose is the promotion of culture and the
arts, coordinate with government agencies
and non-governmental organizations and,
subject to the availability of funds,
appropriate funds for the support and
development of the same; and
(xvii) Establish a City council for the
elderly which shall formulate policies and
adopt measures mutually beneficial to the
elderly and to the community; provide
incentives for non-governmental agencies
and entities and, subject to the availability of
funds, appropriate funds to support
programs and projects for the benefit of the
elderly; and
(6) Exercise such other powers and perform such
other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang panlungsod
of component cities shall receive a minimum
monthly compensation corresponding to Salary
Grade twenty-five (25) and members of the
sangguniang panlungsod of highly- urbanized cities
shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-seven (27),
as prescribed under R.A. 6758 and the
implementing guidelines issued pursuant thereto.
Sangguniang Panlalawigan
Sec468, LGC: Powers, Duties, Functions and
Compensation. – (a) The sangguniang
panlalawigan, as the legislative body of the
province, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the province and its inhabitants pursuant
to Section 16 of this Code and in the proper
exercise of the corporate powers of the province as
provided for under Section 22 of this Code, and
shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective
provincial government and, in this connection,
shall:
(i) Review all ordinances approved
by the sanggunians of component cities and
municipalities and executive orders issued by
the mayors of said component units to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the mayor;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a
fine not exceeding Five thousand pesos
(P=5,000.00) or imprisonment not exceeding
one (1) year, or both in the discretion of the
court, for the violation of a provincial
ordinance;
(iv) Adopt measures to protect the
inhabitants of the province from the harmful
effects of man-made or natural disasters and
calamities, and to provide relief services and
assistance for victims during and in the
aftermath of said disasters and calamities
and their return to productive livelihood
following said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
such other activities inimical to the welfare
and morals of the inhabitants of the province;
(vi) Protect the environment and
impose appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;
(vii) Subject to the provisions of this
Code and pertinent laws, determine the
powers and duties of officials and employees
of the province;
(viii) Determine the positions and the
salaries, wages, allowances and other
emoluments and benefits of officials and
employees paid wholly or mainly from
provincial funds and provide for expenditures
necessary for the proper conduct of
programs, projects, services, and activities of
the provincial government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy, or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefor, to ensure the
 safety and protection of all provincial
government property, public documents, or
records such as those relating to property
inventory, land ownership, records of births,
marriages, deaths, assessments, taxation,
accounts, business permits, and such other
records and documents of public interest in
the offices and departments of the provincial
government; and
(xi) When the finances of the
provincial government allow, provide for
additional allowances and other benefits to
judges, prosecutors, public elementary and
high school teachers, and other national
government officials stationed or assigned to
the province.
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the
province as provided for under Section 18 of
this Code, with particular attention to agro-
industrial development and country-wide
growth and progress and relative thereto,
shall:
(i) Enact the annual and
supplemental appropriations of the provincial
government and appropriate funds for
specific programs, projects, services and
activities of the province, or for other
purposes not contrary to law, in order to
promote the general welfare of the province
and its inhabitants;
(ii) Subject to the provisions of Book
II of this Code and applicable laws and upon
the majority vote of all the members of the
sangguniang panlalawigan, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book
II of this Code and applicable laws and upon
the majority vote of all the members of the
sangguniang panlalawigan, authorize the
provincial governor to negotiate and contract
loans and other forms of indebtedness;
(iv) Subject to the provisions of Book
II of this Code and applicable laws and upon
the majority vote of all the members of the
sangguniang panlalawigan, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the purpose
of raising funds to finance development
projects;
(v) Appropriate funds for the
construction and maintenance or the rental of
buildings for the use of the province; and
upon the majority vote of all the members of
the sangguniang panlalawigan, authorize the
provincial governor to lease to private parties
such public buildings held in a proprietary
capacity, subject to existing laws, rules and
regulations;
(vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the province;
(vii) Review the comprehensive land
use plans and zoning ordinances of
component cities and municipalities and
adopt a comprehensive provincial land use
plan, subject to existing laws; and
(viii) Adopt measures to enhance the
full implementation of the national agrarian
reform program in coordination with the
Department of Agrarian Reform;
(3) Subject to the provisions of Book II of this
Code, grant franchises, approve the issuance
of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such
conditions and for such purposes intended to
promote the general welfare of the inhabitants
of the province, and pursuant to this legislative
authority, shall:
(i) Fix and impose reasonable fees
and charges for all services rendered by the
provincial government to private persons or
entities; and
(ii) Regulate and fix the license fees
for such activities as provided for under this
Code.
(4) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code, and, in addition to
said services and facilities, shall:
(i) Adopt measures and safeguards
against pollution and for the preservation of
the natural ecosystem in the province, in
consonance with approved standards on
human settlements and environmental
sanitation;
(ii) Subject to applicable laws,
facilitate or provide for the establishment and
maintenance of a waterworks system or
district waterworks for supplying water to
inhabitants of component cities and
municipalities;
(iii) Subject to the availability of funds
and to existing laws, rules and regulations,
provide for the establishment and operation
of vocational and technical schools and
similar post-secondary institutions; and, with
the approval of the Department of Education,
Culture and Sports and subject to existing
laws on tuition fees, fix reasonable tuition
fees and other school charges in educational
institutions supported by the provincial
government;
(iv) Establish a scholarship fund for
the poor but deserving students in schools
 located within its jurisdiction or for students
residing within the province;
(v) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases within its
territorial jurisdiction;
(vi) Provide for the care of paupers,
the aged, the sick, persons of unsound mind,
abandoned minors, abused children,
disabled persons, juvenile delinquents, drug
dependents, and other needy and
disadvantaged persons, particularly children
and youth below eighteen (18) years of age;
subject to availability of funds, establish and
support the operation of centers and facilities
for said needy and disadvantaged persons;
and facilitate efforts to promote the welfare of
families below the poverty threshold, the
disadvantaged, and the exploited;
(vii) Establish and provide for the
maintenance and improvement of jails and
detention centers, institute a sound jail
management program, and appropriate funds
for the subsistence of detainees and
convicted prisoners in the province;
(viii) Establish a provincial council
whose purpose is the promotion of culture
and the arts, coordinate with government
agencies and non-governmental
organizations and, subject to the availability
of funds, appropriate funds for the support
and development of the same;
(ix) Establish a provincial council for
the elderly which shall formulate policies and
adopt measures mutually beneficial to the
elderly and to the province; and subject to
the availability of funds, appropriate funds to
support programs and projects for the
elderly; and provide incentives for non-
governmental agencies and entities to
support the programs and projects of the
elderly; and
(5) Exercise such other powers and perform such
other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang panlalawigan
shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-seven (27)
as prescribed under R.A. 6758 and the
implementing guidelines issued pursuant thereto.
RA8369: An Act Establishing Family Courts,
Granting Them Exclusive Original Jurisdiction
Over Child And Family Cases, Amending Batas
Pambansa Bilang 129, As Amended, Otherwise
Known As The Judiciary Reorganization Act Of
1980, Appropriating Funds Therefor And For
Other Purposes
Sec8: Supervision of Youth Detention Homes. —
The judge of the Family Court shall have direct
control and supervision of the youth detention
home which the local government unit shall
establish to separate the youth offenders from the
adult criminals: Provided, however, That
alternatives to detention and institutional care shall
be made available to the accused including
counseling, recognizance, bail, community
continuum, or diversions from the justice system:
Provided, further, That the human rights of the
accused are fully respected in a manner
appropriate to their well-being.
Sec11: Alternative Social Services. — In
accordance with Section 17 of this Act, in areas
where no Family Court has been established or no
Regional Trial Court was designated by the
Supreme Court due to the limited number of cases,
the DSWD shall designate and assign qualified,
trained, and DSWD accredited social workers of
the local government units to handle juvenile and
family cases filed in the designated Regional Trial
Court of the place.
RA8425: An Act Institutionalizing The Social
Reform And Poverty Alleviation Program,
Creating For The Purpose The National Anti-
Poverty Commission, Defining Its Powers And
Functions, And For Other Purposes
Sec12: The Role of Local Government Units
(LGUs). — The local government units, through the
local development councils of the province, city,
municipality, or barangay shall be responsible for
the formulation, implementation, monitoring and
evaluation of the National Anti-Poverty Action
Agenda in their respective jurisdictions. The LGUs
shall:
(a) Identify the poor in their respective areas based
on indicators such as the minimum basic needs
approach and the human development index,
their location, occupation, nature of employment,
and their primary resource base and formulate a
provincial/city/municipality anti-poverty action
agenda;
(b) Identify and source funding for specific social
reform and poverty alleviation projects;
(c) Coordinate, monitor and evaluate the efforts of
local government units with the private sector on
planning and implementation of the local action
program for social reform and poverty alleviation;
and
(d) Coordinate and submit progress reports to the
National Anti-Poverty Commission regarding their
local action programs.
 Nothing in this Act shall be construed as
diminishing the powers granted to the local
government units under the Local Government
Code.
RA8435: An Act Prescribing Urgent Related
Measures To Modernize The Agriculture And
Fisheries Sectors Of The Country In Order To
Enhance Their Profitability, And Prepare Said
Sectors For The Challenges Of Globalization
Through An Adequate, Focused And Rational
Delivery Of Necessary Support Services,
Appropriating Funds Therefor And For Other
Purposes
Sec90: The Role of Local Government Units. —
The LGUs shall be responsible for delivering direct
agriculture and fisheries extension services.
The provincial governments shall integrate the
operations for the agriculture extension services
and shall undertake an annual evaluation of all
municipal extension programs.
The extension program of state colleges and
universities shall primarily focus on the
improvement of the capability of the LGU extension
service by providing:
a) Degree and non-degree training programs;
b) Technical assistance;
c) Extension cum research activities;
d) Monitoring and evaluation of LGU extension
projects; and
e) Information support services through the tri-
media and electronics.
Sec99: Participation of Government Agencies. —
The replication of the program shall be the
responsibility of the local government units
concerned in collaboration with the appropriate
government agencies, and the private sector. The
local government units shall bear the costs of
promoting and monitoring the basic needs program
for which their IRA shall be increased accordingly
as recommended by the Secretary of the
Department: Provided, That the appropriate
national government agencies shall continue to
provide the necessary technical as well as financial
assistance to the LGUs in the replication of the
program.
The Cooperatives Development Authority shall
encourage the establishment and growth of
associations and cooperatives as vehicles for the
stable expansion of basic needs enterprises.
The Department of Education, Culture and Sports,
Department of Health, and the Technical Education
and Skills Development Authority shall coordinate
with the Department and Congress in the review,
rationalization and reallocation of their regular
budgets as well as their budgets under the GATT-
related measures fund to finance education,
training, health and other welfare services for
farmers and fisherfolk.
Sec101: Role of Government Agencies. — The
appropriate government agencies, under the
leadership of the LGUs concerned, shall provide
integrated services and information to prospective
enterprises under the one-stop-shop concept.
Local government units are authorized to undertake
investment and marketing missions provided that
the costs of such missions are borne by the LGUs
concerned. In making their land use plans, the
LGUs, in consultation with the appropriate
government agencies concerned, shall identify
areas for industrial parks.
The Department shall coordinate with the
Department of Trade and Industry, in particular, the
Board of Investments, in the formulation of
investment priorities for rural areas.
The Regional Wage Boards shall consult
participating enterprises in this program before they
issue wage orders.
RA8550: An Act Providing For The Development,
Management And Conservation Of The Fisheries
And Aquatic Resources, Integrating All Laws
Pertinent Thereto, And For Other Purposes
Sec16: Jurisdiction of Municipal/City
Government. — The municipal/city government
shall have jurisdiction over municipal waters as
defined in this Code. The municipal/city
government, in consultation with the FARMC shall
be responsible for the management, conservation,
development, protection, utilization, and disposition
of all fish and fishery/aquatic resources within their
respective municipal waters.
The municipal/city government may, in consultation
with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National
Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed
pursuant to Republic Act No. 7160 by the
sanggunian of the province which has jurisdiction
over the same.
The LGUs shall also enforce all fishery laws, rules
and regulations as well as valid fishery ordinances
enacted by the municipal/city council.
The management of contiguous fishery resources
such as bays which straddle several municipalities,
cities or provinces, shall be done in an integrated
manner, and shall not be based on political
subdivisions of municipal waters in order to
facilitate their management as single resource
systems. The LGUs which share or border such
resources may group themselves and coordinate
with each other to achieve the objectives of
 integrated fishery resource management. The
Integrated Fisheries and Aquatic Resources
Management Councils (FARMCs) established
under Section 76 of this Code shall serve as the
venues for close collaboration among LGUs in the
management of contiguous resources.
Sec17: Grant of Fishing Privileges in Municipal
Waters. — The duly registered fisherfolk
organizations/cooperatives shall have preference in
the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local
Government Code: Provided, That in areas where
there are special agencies or offices vested with
jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but
not limited to, the Laguna Lake Development
Authority and the Palawan Council for Sustainable
Development, said offices and agencies shall
continue to grant permits for proper management
and implementation of the aforementioned
structures.
Sec18: Users of Municipal Waters. — All fishery
related activities in municipal waters, as defined in
this Code, shall be utilized by municipal fisherfolk
and their cooperatives/organizations who are listed
as such in the registry of municipal fisherfolk.
The municipal or city government, however, may,
through its local chief executive and acting
pursuant to an appropriate ordinance, authorize or
permit small and medium commercial fishing
vessels to operate within the ten point one (10.1) to
fifteen (15) kilometer area from the shoreline in
municipal waters as defined herein, provided, that
all the following are met:
a.no commercial fishing in municipal waters with
depth less than seven (7) fathoms as certified by
the appropriate agency;
b.fishing activities utilizing methods and gears that
are determined to be consistent with national
policies set by the Department;
c.prior consultation, through public hearing, with
the M/CFARMC has been conducted; and
d.the applicant vessel as well as the shipowner,
employer, captain and crew have been certified
by the appropriate agency as not having violated
this Code, environmental laws and related laws.
In no case shall the authorization or permit
mentioned above be granted for fishing in bays as
determined by the Department to be in an
environmentally critical condition and during closed
season as provided for in Section 9 of this Code.
Sec19: Registry of Municipal Fisherfolk. — The
LGU shall maintain a registry of municipal
fisherfolk, who are fishing or may desire to fish in
municipal waters for the purpose of determining
priorities among them, of limiting entry into the
municipal waters, and of monitoring fishing
activities an/or other related purposes: Provided,
That the FARMC shall submit to the LGU the list of
priorities for its consideration.
Such list or registry shall be updated annually or as
may be necessary, and shall be posted in barangay
halls or other strategic locations where it shall be
open to public inspection, for the purpose of
validating the correctness and completeness of the
list. The LGU, in consultation with the FARMCs,
shall formulate the necessary mechanisms for
inclusion or exclusion procedures that shall be
most beneficial to the resident municipal fisherfolk.
The FARMCs may likewise recommend such
mechanisms.
The LGUs shall also maintain a registry of
municipal fishing vessels by type of gear and other
boat particulars with the assistance of the FARMC.
Sec20: Fisherfolk Organizations and/or
Cooperatives. — Fisherfolk
organizations/cooperatives whose members are
listed in the registry of municipal fisherfolk, may be
granted use of demarcated fishery areas to engage
in fish capture, mariculture and/or fish farming:
Provided, however, That an
organization/cooperative member whose
household is already in possession of a fishery
right other than for fish capture cannot enjoy the
fishing rights granted to the organization or
cooperative.
Sec21: Priority of Resident Municipal Fisherfolk.
— Resident municipal fisherfolk of the municipality
concerned and their organizations/cooperatives
shall have priority to exploit municipal and
demarcated fishery areas of the said municipality.
Sec22: Demarcated Fishery Right. — The LGU
concerned shall grant demarcated fishery rights to
fishery organizations/cooperatives for mariculture
operation in specific areas identified by the
Department.
Sec23: Limited Entry Into Overfished Areas. —
Whenever it is determined by the LGUs and the
Department that a municipal water is overfished
based on available data or information or in danger
of being overfished, and that there is a need to
regenerate the fishery resources in that water, the
LGU shall prohibit or limit fishery activities in the
said waters.
Sec24: Support to Municipal Fisherfolk. — The
Department and the LGUs shall provide support to
municipal fisherfolk through appropriate technology
and research, credit, production and marketing
assistance and other services such as, but not
limited to training for additional/supplementary
livelihood.
Sec25: Rights and Privileges of Fishworkers. —
The fishworkers shall be entitled to the privileges
accorded to other workers under the Labor Code,
Social Security System and other benefits under
other laws or social legislation for workers:
Provided, That fishworkers on board any fishing
vessels engaged in fishing operations are hereby
covered by the Philippine Labor Code, as
amended.
RA8975: An Act To Ensure The Expeditious
Implementation And Completion Of Government
Infrastructure Projects By Prohibiting Lower
Courts From Issuing Temporary Restraining
Orders, Preliminary Injunctions Or Preliminary
Mandatory Injunctions, Providing Penalties For
Violations Thereof, And For Other Purposes
Sec3: Prohibition on the Issuance of Temporary
Restraining Orders, Preliminary Injunctions and
Preliminary Mandatory Injunctions. — No court,
except the Supreme Court, shall issue any
temporary restraining order, preliminary injunction
or preliminary mandatory injunction against the
government, or any of its subdivisions, officials or
any person or entity, whether public or private,
acting under the government's direction, to restrain,
prohibit or compel the following acts:
(a) Acquisition, clearance and development of the
right-of-way and/or site or location of any national
government project;
(b) Bidding or awarding of contract/project of the
national government as defined under Section 2
hereof;
(c) Commencement, prosecution, execution,
implementation, operation of any such contract or
project;
(d) Termination or rescission of any such
contract/project; and
(e) The undertaking or authorization of any other
lawful activity necessary for such contract/project.
This prohibition shall apply in all cases, disputes or
controversies instituted by a private party, including
but not limited to cases filed by bidders or those
claiming to have rights through such bidders
involving such contract/project. This prohibition
shall not apply when the matter is of extreme
urgency involving a constitutional issue, such that
unless a temporary restraining order is issued,
grave injustice and irreparable injury will arise. The
applicant shall file a bond, in an amount to be fixed
by the court, which bond shall accrue in favor of the
government if the court should finally decide that
the applicant was not entitled to the relief sought.
If after due hearing the court finds that the award of
the contract is null and void, the court may, if
appropriate under the circumstances, award the
contract to the qualified and winning bidder or order
a rebidding of the same, without prejudice to any
liability that the guilty party may incur under existing
laws.
No Section 11 and 13.
US vs. Salaveria (1918)
Facts:
The municipal council of Orion, Bataan, enacted an
ordinance which, prohibited the playing of
panguingue on days not Sundays or legal holidays
and penalized the violation by a casero
(housekeeper) and by jugadores (gamblers). On an
evening not a Sunday or legal holiday, 7 persons,
including Salaveria, the justice of the peace of Orion
and his wife were surprised by the police while
indulging in a game of panguingue in the house of
Salaveria. Convicted in the justice of the peace court
and again in the CFI of Bataan, Salaveria appeals to
the SC. Salaveria questioned among other things, the
validity of the ordinance under which he was
convicted.
Held: Ordinance was valid
If investigation was restricted to those portions of the
Admin. Code which authorize a municipal council to
prohibit and penalize gambling, there would exist
grave doubt of the validity of Ordinance No. 3.
However, the Philippine Legislature delegated to
municipalities certain legislative powers of a
discretionary nature. But in addition, and preceding
both the specific powers of a mandatory and
discretionary character, is the general power of a
municipal council to enact ordinances and make
regulations. It is this grant that the preamble of the
ordinance of Orion assigns as authority for its
enactment. Section 2184 of the Administrative Code
of 1916, known as the general welfare clause,
delegates in statutory form the police power to a
municipality. This clause has been given wide
application by municipal authorities and has in its
relation to the particular circumstances of the case
been liberally construed by the courts.
It is a general rule that ordinances passed by virtue of
the implied power found in the general welfare clause
must be reasonable, consonant with the general
powers and purposes of the corporation, and not
inconsistent with the laws or policy of the State.
Thus, although panguingue is not named in the
general law on gambling, and although not entirely a
game of chance, since it is a proper subject for
regulation by municipal authorities acting under their
delegated police power, whose laudable intention is
to improve the public morals and promote the
prosperity of their people, their action should be
upheld by the courts. Ordinance No. 3 of Orion is
found to be valid.
Dissenting (J. Fisher):
The ordinance in question is beyond the protection of
the general welfare clause for 2 reasons: (1) It is
unreasonably subversive of the liberty of the citizen
and unnecessary and (2) the Legislature has spoken
in well defined terms on the subject of gambling, and
its pronouncement on the subject fills the field and
precludes the possibility of stretching the authority
delegated to municipalities into the right to repeal,
modify or supplement existing legislation. Act No.
1757 very clearly defines the intention and will of the
Legislature with regard to gambling. Its limitation of
the prohibition is its refusal to prohibit games of skill
and games in which no value is at stake. When the
legislature authorized municipalities to penalize
gambling, it was aiming at the vice of risking money
upon the hazard of a game of chance. The
Legislature has not prohibited the playing of card
games — in itself an innocent pastime — but the
playing for money of games of hazard. When it
delegated like power to municipalities it had a like
object in view and no other.
Equally untenable is the attempt to justify the statute
under the "general welfare" clause. The prohibition by
ordinance of the playing of certain card games as an
amusement, without stake or wager, cannot be said
to promote the health, safety, morals, peace, good
order, comfort or convenience of the inhabitants of a
municipality. The ordinance in question was intended
to prevent gambling, but is not warranted by the
delegated authority of municipal councils over this
subject, because it is so drawn as to include
harmless amusements not within the legislative
definition of gambling.
Viray vs. Caloocan (1967)
Facts:
The Municipal Board of Caloocan City enacted an
Ordinance providing for additional fees in private
cemeteries. Pursuant to the ordinance, Viray, Cajote
and Prieto, all residents of Manila, were charged by
and actually paid to the City Treasurer of Caloocan
“entrance fees” for the burial of their relatives in La
Loma cemetery, a burial place not owned by the city
government.
Because the City Treasurer refused to refund the
entrance fees paid, the 3 filed an action in the CFI
against the city government, contesting the legality of
the ordinance on the ground that it was a revenue-
raising measure which is beyond the taxing authority
of the city government to enact. The city government
claimed that it was justified by the general grant of
taxation to chartered cities by Republic Act 2264 or
the Local Autonomy Act and as a valid exercise of
police power.
Held: Ordinance invalid
Taken in its entirety, the ordinance is clear that what
is being regulated through this ordinance is not the
burying of the mortal remains of a person, but the
exhumation and transfer of a cadaver — activities
affecting corpses that had previously been buried.
Although the ordinance which regulates the
exhumation and/or transfer of corpses from other
burial grounds to those located in Caloocan is within
the legislative power of the city government to enact,
the imposition of the transfer fees under the
ordinance, on the interment of the respective dead
relatives of appellants in the La Loma cemetery, was
not justified.
While sec. 2 of RA 2264 confers on chartered cities
and municipalities "authority to impose municipal
license taxes or fees upon persons engaged in any
occupation or business, or exercising privileges in
chartered cities or municipalities...by requiring them
to secure licenses at rates fixed by the municipal
board or city council," the city government has failed
to show that the persons merely burying a cadaver in
a private cemetery constitutes either an occupation or
business or the exercise of privileges that would
justify the imposition of taxes thereon within the terms
and intent of the enabling act, the terms employed by
the statute in themselves denoting habituality or a
repetition of acts, and not a solitary act.
While assignment of police officers to insure that the
funeral procession is orderly so as not to cause great
and serious inconvenience to the public is called for
by every funeral procession, there is no explanation
why the ordinance should collect the prescribed fees
solely in the case of cadavers coming from places
outside the territory of Caloocan City for burial in
private cemeteries within the City.
Balacuit vs. CFI (1988)
Facts:
This case questions the validity and constitutionality
of an Ordinance No. 640 which penalizes anyone
engaged in the business of selling admission tickets
to any movie or other public exhibitions, games,
contests or other performances and to require
children between 7 and 12 years of age to pay half
the cost for tickets intended for adults. Managers of 4
theaters sought to have the ordinance declared
invalid since (1) it is an invalid exercise of police
power and (2) and that the ordinance is not within the
power of the Municipal Board to enact as provided for
in the Butaun City Charter.
Held: The city has no authority to enact the
ordinance in question under its power to regulate
embodied in Section 15(n).
The power of regulation of public exhibitions and power, there must be a valid delegation of such
places of amusement within the city granted by the power of the state.
charter does not carry with it any authority to
interfered with the price admission to such places or Municipal governments exercise this power under the
the resale of tickets or tokens of admission general welfare clause of BP337 (old LGC) –
exercise powers expressly granted, necessarily
Even if the ordinance is based on its police power as implied, and necessary and proper to promote health
delegated under the welfare clause, ordinance is & safety, etc.
invalid. The exrcise of police power requires:
1. that the interest of the public generally requires an
COA, in saying that there is no perceptible
interference with private rights and
connection, tries to redefine the scope of police
2. the means adopted must be reasonably necessary
power by circumscribing its exercise to “public safety,
for the accomplishment of the purpose and
general welfare, etc of the inhabitants of Makati.”
3. not unduly oppressive upon individuals
The police power of a municipal corporation is: broad;
In the CAB, the was (1) no public necessity which
extends to all the great public needs; in a broad
demands the adopting of proper measures to secure
sense includes all legislation and almost every
the end sought to be attained by the enactment of the
function of the municipal government. Thus, it is
ordinance; (2) the means adopted are not reasonably
deemed inadvisable to attempt to frame any definition
necessary for the accomplishment of purpose and (3)
which shall absolutely indicate the limits of police
ordinance is clearly unreasonable if not unduly
power.
oppressive upon the business of the petitioners.
There is no no discernable relation between the
As regards COA’s additional objection, it shows that it
ordinance and the promotion of public health, safety,
is not attuned to the changing of times. Public
morals and general welfare
purpose is not unconstitutional merely because it
incidentally benefits a limited number of persons.
Gutierrez. Separate Opinion
 police power is inherent in the State but not in
The care for the poor is general recognized as a
municipal corporations
public duty. The support for the poor has long been
 no rational basis for classifying children as a
an accepted exercise of police power in the
distinct group insofar as paying for admission into
promotion of common good.
a moviehouse is concerned.
There is no violation of the equal protection clause in
classifying paupers as subject of legislation. Paupers
Binay vs. Domingo (1991) may be reasonably classified.

Facts: BUT, this decision must not be taken as a precedent,

The Municipal Council of Makati issued a Resolution or as an official go-signal for municipal governments
confirming and/or ratifying the ongoing burial to embark on philanthropic ORGY of inordinate dole-
assistance program initiated by the Office of the outs for motives political or otherwise.
Mayor. The Metro Manila Commission (MMC)
approved Resolution No. 60. Thereafter, the
municipal secretary certified a disbursement fund of City Government of Quezon City vs. Ericta (1983)
P400,000 for the implementation of the Burial
Assistance Program. Resolution was then referred to
Facts:
the Commission on Audit (COA) for its expected
QC passed an Ordinance regulating the
allowance in audit. However, COA, after its
establishment, maintenance & operation of private
preliminary findings, disapproved Resolution No. 60
memorial type cemetery or burial ground within the
and disallowed in audit the disbursement of funds for
jurisdiction of QC. §9 of the Ordinance provides
the implementation thereof. Mayor Binay filed two
that at least 6% of the total area of a memorial park
letters for reconsideration. COA denied both letters
cemetery shall be set aside for charity burial of
for reconsideration.
deceased persons who are paupers & have been
residents of QC for at least 5 yrs prior to their death.
Held: Resolution is a valid exercise of police
7 yrs after the enactment of the Ordinance, the QC
power under the general welfare Clause
Council passed a resolution requesting the City
Police power, which is an attribute of sovereignty, is
Engineer to stop any further selling of memorial parks
inherent in the state but not in municipal corporations.
in QC where the owners have failed to donate the
Before a municipal corporation may exercise such
required 6% cemetery space. The City Engr notified
Himlayang Pilipino, Inc. that the Ordinance would be
enforced, so Himlayan filed a petition with the CFI
seeking to annul §9 of the Ordinance. CFI declared
§9 null and void. Motion for recon denied.
Held: Ordinance not authorized under QC Charter
and invalid exercise of police power
An examination of the Charter does not reveal any
provision that would justify the ordinance in question
except the provision granting police power to the City.
Police power is the most essential of govt powers, at
times the most insistent, and always one of the least
limitable of the powers of govt.
It is usually exercised in the form of mere regulation
or restriction in the use of liberty or property for the
promotion of the general welfare. It does not involve
the taking or confiscation of property with the
exception of a few cases where there is necessity to
confiscate private property in order to destroy it [not
to devote it to public use] (i.e., in the case of
confiscation of opium & firearms).
HERE  §9 of the Ordinance is not a mere police
regulation but an outright confiscation. It deprives a
person of his private property w/o due process…even
w/o compensation.
Tatel vs. Virac (1991)
Facts:
In 1966, complaints were received from the residents
of barrio Sta. Elena against disturbance caused by
operation of the abaca bailing machine inside the
warehouse of Tatel. A committee was appointed by
the municipal council of Virac to investigate on the
matter The committee noted the crowded nature of
the neighborhood with narrow roads and the
surrounding residential houses so much so that
accidental fire from the continued operations of the
warehouse and storing of inflammable materials
created danger to the lives and properties of the
people. Based on this report, the Municipal Council of
passed a Resolution declaring the warehouse a
nuisance within purview of Art 694 of the Civil Code.
Tatel's MR denied so Tatel instituted the present
petition.
Held: Ordinance was a valid exercise of police
power despite its fractured syntax.
It is a settled principal of law that municipal
corporations are agencies of the State for the
promotion and maintenance of local self-government
and as such are endowed with police powers in order
to effectively accomplish and carry out the declared
objects of their creation.
Authority emanates from the general welfare clause
under the Administrative Code:
"The municipal council shall enact such ordinance
and make such regulations, not repugnant to law,
as may be necessary to carry into effect and
discharge the powers and duties conferred upon it
by law and such as shall seem necessary and
proper to provide for the health and safety, promote
the prosperity, improve the morals, peace, good
order, comfort and convenience of the municipality
and the inhabitants thereof, and for the protection
of property therein."
For an ordinance to be valid, it must not only be
within the corporate powers of the municipality to
enact but must also be passed according to the
procedure prescribed by law, and must be in
consonance with certain well established and basic
principles of substantive nature:
(i). must not contravene the Constitution or any
statue
(ii). must not be unfair or oppressive
(iii). must not be partial or discriminatory
(iv). must not prohibit but may regulate trade
(v). must be general and consistent with public
policy, and
(vi). must not be unreasonable
Patalinghug vs. CA (1994)
Facts:
In 1982, SP of Davao City enacted an Ordinance
known as the " Expanded Zoning Ordinace of Davao
City" , Section 8 of which states:
Section 8. USE REGULATIONS IN C-2
DISTRICTS (Shaded light red in the Expanded
Zoning Map) A C -2 District shall be dominantly
for commercial and compatible industrial uses as
provided hereunder:
3.1 Funeral Parlors/Memorial Homes with
adequate off street parking space and
provided that they shall be established not
less than 50 meters from any residential
structures, churches and other institutional
buildings.
Petitioner applied for certification of zoning
compliance for the construction of a funeral parlor.
Certification approved. Petitioner commenced
construction. Several residents filed complaint that
petitioner's funeral parlor violated Ordiance since it
was allegedly within a 50-meter radius from the
Iglesia ni Kristo chapel. SP found that the nearest
residential structure owned by Wilfred Tepoot is only
8 inches to the south. Notwithstanding the finding,
petitioner continued and finished the construction of
the funeral parlor. Private respondents herein filed a
case for the declaration of nullity of building permit
with the trial court. TC dismissed complaint.CA
reverses.
Held: Mr. Tepoot's building was commercial in
nature; Hence Ordinance was not violated
A tax declaration is not conclusive of the nature of the
property for zoning purposes. A property may have
been declared by its owner as residential for real
estate taxation purposes but it may well be within a
commercial zone.
Even if we are to examine the evidentiary value of a
tax declaration under the Real Property Tax Code, a
tax declaration only enables the assessor to identify
the same for assessment levels.
In fact, a tax declaration does not bind a
provincial/city assessor, for under Sec. 22 of the Real
Estate Tax Code, appraisal and assessment are
based on the actual use irrespective of "any
previous assessment or taxpayer's valuation
thereon," which is based on a taxpayer's declaration.
The trial court's determination that Mr. Tepoot's
building is commercial is strengthened by the fact
that the Sangguniang Panlungsod has declared the
questioned area as commercial or C-2.
Consequently, even if Tepoot's building was
declared for taxation purposes as residential,
once a local government has reclassified an area
as commercial, that determination for zoning
purposes must prevail.
The declaration of the said area as a commercial
zone through a municipal ordinance is an exercise of
police power to promote the good order and general
welfare of the people in the locality. Corollary thereto,
the state, in order to promote the general welfare,
may interfere with personal liberty, with property, and
with business and occupations. Thus, persons may
be subjected to certain kinds of restraints and
burdens in order to secure the general welfare of the
state and to this fundamental aim of government, the
rights of the individual may be subordinated. The
ordinance which regulates the location of funeral
homes has been adopted as part of comprehensive
zoning plans for the orderly development of the area
covered thereunder.
Rep. of the Philippines vs. City of Davao (2002)
Facts:
City of Davao filed an application for a Certificate of
Non-Coverage (CNC) for its proposed project, the
Davao City Sports Dome with the Environmental
Management Bureau (EMB) with the required
documents. EMB denied the application after finding
that the proposed project was w/in an
environmentally critical area. It also held that Davao
must undergo the environmental impact assessment
(EIA) to secure Environmental Compliance Certificate
(ECC) before it can proceed with construction of its
project pursuant to Sec 2 of PD 1586, Environmental
Impact Statement System, in relation to Sec 4 PD
1151, Philippine Environment Policy. Davao
complains.
Held: Davao City within the scope of the EIS law
An LGU is a body politic and corporate endowed with
powers to be exercised inconformity with law. It has
dual functions:
 Governmental – concerns health, safety,
advancement, of public good and welfare. It acts
as an agency of national gov’t
 Proprietary – seeks to obtain special
corporate benefits or earn pecuniary profit and
intended for private advantage and benefit. Acts
as agent of community.
As a body politic endowed with governmental
functions, LGU has the duty to promote the people’s
right to a balanced ecology (Sec. 16 LGCode) and to
ensure quality of environment. Pursuant to this,
Davao cannot claim exemption from the coverage of
EIS law which has same the objectives.
Civil Code defines a person as either natural or
juridical. The state and its subdivisions i.e. LGU’s are
juridical persons. Thus, LGU’s are not excluded from
EIS law.
Sec 1 of EIS law intends to implement state policy to
achieve a balance between socio-economic
development and environmental protection. The
Whereas clause of the same law stresses that this
balance can only be achieved through a
comprehensive and integrated program where all the
sectors of the community – gov’t and private – are
involved.
Thus, LGU’s as part of the machinery of the gov’t
cannot be deemed outside the scope of the EIS law.
Since it is clear that the said project is not classified
as environmentally critical nor within critical area,
DENR has no choice but to issue the CNC. It is a
ministerial duty that can be compelled by a writ of
mandamus.
MyPleasure Guide to Sex Toys: Sex Toy Basics
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Do you want stay traditional or try something new
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(continued)
Abatement of Nuisance
Local Government Code
Sangguniang Bayan – Sec447, LGC: Powers,
Duties, Functions and Compensation. –
Sangguniang Panlungsod – Sec458, LGC:
Powers, Duties, Functions and Compensation. –
RA9165: An Act Instituting The Comprehensive
Dangerous Drugs Act Of 2002, Repealing
Republic Act No. 6425, Otherwise Known As The
Dangerous Drugs Act Of 1972, As Amended,
Providing Funds Therefor, And For Other
Purposes
Sec52: Abatement of Drug Related Public
Nuisances. — Any place or premises which have
been used on two or more occasions as the site of
the unlawful sale or delivery of dangerous drugs
may be declared to be a public nuisance, and such
nuisance may be abated, pursuant to the following
procedures:
(1) Any city or municipality may, by ordinance,
create an administrative board to hear complaints
regarding the nuisances;
(2) Any employee, officer, or resident of the city or
municipality may bring a complaint before the
Board after giving not less than three (3) days
written notice of such complaint to the owner of the
place or premises at his/her last known address;
and
(3) After hearing in which the Board may consider
any evidence, including evidence of the general
reputation of the place or premises, and at which
the owner of the premises shall have an
opportunity to present evidence in his/her defense,
the Board may declare the place or premises to be
a public nuisance.
Sec53: Effect of Board Declaration. — If the Board
declares a place or premises to be a public
nuisance, it may declare an order immediately
prohibiting the conduct, operation, or maintenance
of any business or activity on the premises which is
conducive to such nuisance.
An order entered under this Section shall expire
after one (1) year or at such earlier time as stated
in the order. The Board may bring a complaint
seeking a permanent injunction against any
nuisance described under this Section.
This Article does not restrict the right of any person
to proceed under the Civil Code against any public
nuisance.
Estate of Francisco vs. CA
Facts:
A Quonset hut standing on a lot owned by Phil. Ports
Authority (PPA) in Isabela, Basilan was purchased by
Gregoria Francisco in 1944. Proclamation 83
declared said land was for the exclusive use of port
facilities. PPA issued to Tan Gin San the surviving
spouse of Gregoria a permit to occupy the lot of the
Quonset for a year for storage of copra to expire Dec
31, 1989. Mayor Valencia notified Tan twice to
relocate Quonset citing Zoning Ordinance No.14. It
noted its antiquated and dilapidated structure and
stressed the "clear-up campaign on illegal squatters
and unsanitary surroundings along Strong
Boulevard."
Since the notifications remained unheeded by Mayor
ordered the demolition.
Held: Mayor cannot summarily order the
demolition.
Ordinance 147 does not authorize summary removal
of non-conforming structure. Sec 16 of the ordinance
provides that a certificate of non-conformance is
necessary but even if Tan failed to obtain one, the
provision should not be interpreted as authorizing the
summary removal of a non-conforming building by
the municipal gov’t. Otherwise, it would be violative of
due process and must be struck down.
LGCode imposes upon the mayor the duty "to cause
to be instituted judicial proceedings in connection
with the violation of ordinances" (LGCode, Sec. 141
[2] [t]). Thus, the violation of a municipal ordinance
neither empowers the Municipal Mayor to avail of
extra-judicial remedies.
The general welfare clause authorizing the
abatement of nuisances without judicial proceedings
applies to a nuisance per se, or one which affects the
immediate safety of persons and property and may
be summarily abated under the undefined law of
necessity
The storage of copra in the quonset is a legitimate
business. By its nature, it can not be said to be
injurious to rights of property, of health or of comfort
of the community. If it be a nuisance per accidens, it
may be so proven in a hearing conducted for that
purpose. It is not per se a nuisance warranting its
summary abatement without judicial intervention.
While the Sangguniang Bayan may provide for the
abatement of a nuisance (LGCode, Sec. 149 [ee]), it
cannot declare a particular thing as a nuisance per se
and order its condemnation. The nuisance can only
be so adjudged by judicial determination.
In CAB, Tan was in lawful possession of the lot and
quonset by virtue of PPA permit. It was not squatting
on public land. Its property was not of trifling value. It
was thus entitled to an impartial hearing before a
tribunal authorized to decide whether the quonset
building did constitute a nuisance in law.
There was no compelling necessity for precipitate
action. The mayor et al transcended their authority in
abating summarily the quonset building. They had
deprived petitioner of its property without due process
of law.
Technology Developers, Inc. vs. CA (1991)
193SCRA147
Facts:
Technology Developers, Inc. (TDI) is a domestic
private corporation engaged in the manufacture and
export of charcoal briquette. It received a letter from
acting mayor ordering full cessation of operation of its
Sta. Maria plant and requesting Plant Managaer to
bring to the office of the mayor permits (Building,
Mayor’s, and Pollution of Environment and Natural
Resources Anti-Pollution). As to the Anti-Pollution
Permit, TDI tried to secure it although it had
previously secured before its operation a “Temporary
Permit to Operate Air Pollution Installation” issued by
Environmental Management Bureau (EMB). EMB is
at a stage trying to determine correct kind of anti-
pollution devise to be installed for TDI’s renewal of its
permit. TDI didn’t have a mayor’s permit so it tried to
secure one but it was not entertained. Mayor ordered
padlocking of TDI’s plant premises without previous
and reasonable notice upon TDI. TDI instituted an
action with RTC.RTC ruled in favor of mayor. MR by
TDI denied. CA affirmed.
Held: The dissolution of the writ of preliminary
injunction is justified by the trial court and
correctly upheld by CA.
The following circumstances justify the
dissolution:
1. No Mayor’s Permit. The mayor can deny
application for a permit to operate a business or
close it by his police power unless appropriate
measures are taken to control or avoid injury to
the health of the residents of the community from
emissions in the operation of the business.
While determination whether there is pollution of the
environment that requires control (if not prohibition) of
the operation of a business is essentially addressed
to the EMB (National Pollution Control Commission
before) of DENR, the mayor of a town has as much
responsibility to protect its inhabitants from pollution.
2. Acting Mayor had called the attention of TDI
to the pollution emitted by the fumes of its plant
whose offensive odor also affects the health of
the residents so that it was ordered to stop its
operation until further orders and required to
bring permits.
3. The action of the Mayor was in response to
complaint of the residents directed to the
Provincial Governor.
Although it may be true that some signatures in the
4page petition were written by one person
(particularly among members of same family), on the
whole the many signatures appear to be written by
different persons.
Certification of barrio captain that he has not received
any complaint on the matter must be because
complaint was sent directly to the Governor through
Acting Mayor.
4. Closure order was issued after an
investigation made by Guina – the fumes emitted
by plant goes directly to surrounding houses and
that no proper air pollution device has been
installed.
5. TDI failed to produce a building permit from
Sta. Maria municipality but instead presented a
Makati building permit.
6. The temporary permit to operate from
National Pollution Control Commission TDI
presented was good only up to May25, 1988. TDI
did not exert any effort to extend or validate its
permit nor to install any device to control the
pollution and prevent any hazard to the health of
the residents of the community.
Although TDI had spent a huge investment in its
dollar-earning industry, it must be stressed that
concomitant with the need to promote investment and
contribute to the growth of the economy is the equally
essential imperative of protecting the health and lives
of the people from the deleterious effect of the
pollution of the environment.
Technology Developers, Inc. vs. CA (1991)
201SCRAxi
Facts:
TDI filed a motion for reconsideration of the SC
decision denying its petition for review:
1. SC decision being anchored on factual
allegation in mayor’s pleadings, which all courts
assumed to be true, TDI alleges the following to
rebut the mayor’s factual bases:
a. TDI obtained a Mayor’s permit but
from the wrong mayor (in Makati where its
principal office is located). Upon being
 apprised of the need to obtain one in Sta.
Maria, TDI applied but was rebuffed.
b. Petition against the charcoal plant
was “padded” - NBI handwriting expert
certified that several signatures in the petition
by supposed residents of Brgy. Guyong were
written by only one person
c. Guina’s report that smoke from plant
“contain particulate matters hazardous to
health” has not been verified and confirmed
by EMB.
d. TDI has a building permit issued by
Building Official of Ministry of Public Works
and Highways – a higher authority than the
building official of Sta. Maria.
e. Permit issued by EMB authorizing
TDI’s operation was renewed and extended
up to Dec.1990. It was not renewed in 1991
because of the mayor’s closure order.
2. SC must examine the jurisdictional issue of
whether a town mayor is empowered by law to
close a plant/business (a) for lack of a mayor’s
permit and (b) for alleged violation of anti-
pollution laws. RTC and CA turned upon the
mayor’s justifications for closure order issuance,
not his jurisdiction to do so.
Held: Acting Mayor is without jurisdiction to issue
closure orde. PD984 is the applicable law which
created the National Pollution Control Commission
(later renamed to EMB) as the primary agency
responsible for prevention and control of
environmental pollution in the country:
1. Sec10 and 17, PD984 affirms its primacy of
jurisdiction on matters of air, water and land
pollution by providing that rules and regulations
issued by EMB for prevention of pollution “shall
supersede and prevail over any rules or
regulations as may heretofore have been issued
by other government agencies… any provision of
laws….
 Evidently, even provisions of Civil Code on
nuisance (insofar as it is caused by pollution of air,
water or land resources) are deemed superseded by
PD984 (a special law on subject of pollution)
2. Sec6 enumerates powers and functions to
EMB which are not conferred by law on town
officials (see #4 enumerated under Mead vs.
Argel case)
3. Sec7 requires that “public hearings shall be
conducted by the Commissioner xxx prior to
issuance or promulgation of any order or decision
requiring discontinuance of discharge of xxx
industrial wastes xxx into water, air or land
resources of the Philippines”
 No public hearings was held by Acting Mayor
 It is the discharge of industrial wasters, not the
operation of business, that may be discontinued
4. TDI had been issued by EMB to operate its
plant in 1987-1988, renewed for the year 1989,
and again for 1990, and the Deputy Zoning
Administrator of Sta. Maria, Bulacan had certified
that the plant “is in accordance with the
development plan and zonification of the locality
 Acting mayor may not capriciously deny a permit
to operate a legitimate business on the ground that
its plant was causing excessive air pollution
 Only the EMB, after due notice and hearing may
determine whether excessive pollution exists as held
in the case Mead vs. Argel that EMB is given
authority by Sec6:
a. to determine whether a pollution
exists in any of the waters and/or atmospheric air
of the Philippines
b. to hold public hearings, make
findings of facts and determinations all with
respect to violations of the Act or orders issued
by the Commission
c. to institute or cause to be instituted in
competent court legal proceedings to compel
compliance
d. after due notice and hearing, revoke,
suspend or modify any permit issued under the
Act whenever modifications are necessary to
prevent or abate pollution…
e. Sec8 on authority of Commission to
determine existence of pollution and to take
appropriate court actions to abate or prevent it
f. That in matters not related to
nuisance, no court action shall be initiated until
Commission has determined existence of what in
law is considered pollution
It is beyond a municipal mayor’s and competence to
review, revise, reverse, or set aside a permit to
operate LTD’s charcoal briquette plant issued by
EMB, which is the primary authority whether TDI’s
manufacturing process violates anti-pollution laws,
rules and regulations.
1. Complaint against TDI should have been
addressed to EMB which alone is empowered to
investigate and determine (after public hearing)
whether:
a. Charcoal plant was causing air
pollution in excess of permissible limits
b. Discharge of smoke from TDI’s
16meter smoke stack should be reduced or
discontinued
c. Additional devices for that purpose
should be installed
d. Its business should be temporarily
suspended or totally banned
2. EMB (special agency created by law for this
purpose) assisted by its staff with expertise and
facilities is one competent to investigate and
determine degree and extent of air pollution in
plant site and around it, and determine the
danger it poses to people’s health
 Never the law’s intention to place in the hands of
just any layman the authority to determine if pollution
exists, and the power to toll the death knell of a multi-
million peso industry which not only provides jobs but
also brings in export dollars for the country’s dollar-
starved economy.
RA8749: An Act Providing For A Comprehensive
Air Pollution Control Policy And For Other
Purposes
Sec7: Integrated Air Quality Improvement
Framework. — The Department shall, within six (6)
months after the effectivity of this Act, establish,
with the participation of LGUs, NGOs, POs, the
academe and other concerned entities from the
private sector, formulate and implement the
Integrated Air Quality Improvement Framework for
a comprehensive air pollution management and
control program. The framework shall, among
others, prescribe the emission reduction goals
using permissible standards, control strategies and
control measures to be undertaken within a
specified time period, including cost-effective use of
economic incentives, management strategies,
collective action, and environmental education and
information.
The Integrated Air Quality Improvement Framework
shall be adopted as the official blueprint with which
all government agencies must comply with to attain
and maintain ambient air quality standards.
Sec8: Air Quality Control Action Plan. — ….
Likewise, the LGUs, with the assistance from the
Department, shall prepare and develop an action
plan consistent with the Integrated Air Quality
Improvement Framework to attain and maintain the
ambient air quality standards within their respective
airsheds as provided in Section 9 hereof.
The local government units shall develop and
submit to the Department a procedure for carrying
out the action plan for their jurisdiction. The
Department, however, shall maintain its authority to
independently inspect the enforcement procedure
adopted. The Department shall have the power to
closely supervise all or parts of the air quality action
plan until such time the local government unit
concerned can assume the function to enforce the
standards set by the Department.
A multi-sectoral monitoring team with broad public
representation shall be convened by the
Department for each LGU to conduct periodic
inspections of air pollution sources to assess
compliance with the emission limitations contained
in their permits.
Sec9: Airsheds. — (Are these analogous to
watersheds?)
Sec10: Management of Nonattainment Areas. —
The Department shall designate areas where
specific pollutants have already exceeded ambient
standards as nonattainment areas. The
Department shall prepare and implement a
program that will prohibit new sources of exceeded
air pollutant without a corresponding reduction in
existing sources.
In coordination with other appropriate government
agencies, the LGUs shall prepare and implement a
program and other measures including relocation,
whenever necessary, to protect the health and
welfare of residents in the area.
For those designated as nonattainment areas, the
Department, after consultation with local
government authorities, nongovernment
organizations (NGOs), people's organizations
(POs) and concerned sectors may revise the
designation of such areas and expand its coverage
to cover larger areas depending on the condition of
the areas.
Sec11: Air Quality Control Techniques. —
Simultaneous with the issuance of the guideline
values and standards, the Department, through the
research and development program contained in
this Act and upon consultation with the appropriate
advisory committees, government agencies and
LGUs, shall issue, and from time to time, revise
information on air pollution control techniques.
Such information shall include…
Sec16: Permits. — Consistent with the provisions of
this Act, the Department shall have the authority to
issue permits as it may determine necessary for the
prevention and abatement of air pollution.
Said permits shall cover emission limitations for the
regulated air pollutants to help attain and maintain
the ambient air quality standards. These permits
shall serve as management tools for the LGUs in
the development of their action plan.
Sec20: Ban on Incineration. — …
Local government units are hereby mandated to
promote, encourage and implement in their
respective jurisdiction a comprehensive ecological
waste management that includes waste
segregation, recycling and composting.
With due concern on the effects of climate change,
the Department shall promote the use of state-of-
the-art, environmentally-sound and safe non-burn
technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted,
unrecycled, uncomposted municipal, bio-medical
and hazardous wastes.
Sec24: Pollution from Smoking. — Smoking inside
a public building or an enclosed public place
including public vehicles and other means of
transport or in any enclosed area outside of one's
 private residence, private place of work or any duly
designated smoking area is hereby prohibited
under this Act. This provision shall be implemented
by the LGUs.
Sec36: Role of Local Government Units. — Local
government units (LGUs) shall share the
responsibility in the management and maintenance
of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act,
LGUs shall implement air quality standards set by
the Board in areas within their jurisdiction:
Provided, however, That in case where the Board
has not been duly constituted and has not
promulgated its standards, the standards set forth
in this Act shall apply.
The Department shall provide the LGUs with
technical assistance, trainings and a continuing
capability-building program to prepare them to
undertake full administration of the air quality
management and regulation within their territorial
jurisdiction.
Sec37: Environment and Natural Resources
Office. — There may be established an
Environment and Natural Resources Office in every
province, city, or municipality which shall be
headed by the environment and natural resources
officer and shall be appointed by the Chief
Executive of every province, city or municipality in
accordance with the provisions of Section 484 of
Republic Act No. 7160. Its powers and duties,
among others, are:
a) To prepare comprehensive air quality
management programs, plans and strategies within
the limits setforth in Republic Act No. 7160 and this
Act which shall be implemented within its territorial
jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to
the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of
basic services and the provision of adequate
facilities relative to air quality;
c) To take the lead in all efforts concerning air
quality protection and rehabilitation;
d) To recommend to the Board air quality standards
which shall not exceed the maximum permissible
standards set by national laws;
e) To coordinate with other government agencies
and non-governmental organizations in the
implementation of measures to prevent and control
air pollution; and
f) Exercise such other powers and perform such
duties and functions as may be prescribed by law
or ordinance: Provided, however, That in
provinces/cities/municipalities where there are no
environment and natural resources officers, the
local executive concerned may designate any of his
official and/or chief of office preferably the
provincial, city or municipal agriculturist, or any of
his employee: Provided, finally, That in case an
employee is designated as such, he must have a
sufficient experience in environmental and natural
resources management, conservation and
utilization.
Sec39: Public Education and Information
Campaign. —
RA9003: AN ACT PROVIDING FOR AN
ECOLOGICAL SOLID WASTE MANAGEMENT
PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES,
DECLARING CERTAIN ACTS PROHIBITED AND
PROVIDING PENALTIES, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER
PURPOSES
Sec10: Role of LGUs in Solid Waste Management.
— Pursuant to the relevant provisions of R.A. No.
7160, otherwise known as the Local Government
Code, the LGUs shall be primarily responsible for
the implementation and enforcement of the
provisions of this Act within their respective
jurisdictions.
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
Provided, That the collection of non-recyclable
materials and special wastes shall be the
responsibility of the municipality or city.
Sec11: Provincial Solid Waste Management
Board. — A Provincial Solid Waste Management
Board shall be established in every province, to be
chaired by the governor. Its members shall include:
(a) All the mayors of its component cities and
municipalities;
(b) One (1) representative from the Sangguniang
Panlalawigan to be represented by the chairperson
of either the Committees on Environment or Health
or their equivalent committees, to be nominated by
the presiding officer;
(c) The provincial health and/or general services
officers, whichever may be recommended by the
governor;
(d) The provincial environment and natural
resources officer;
(e) The provincial engineer;
(f) Congressional representative/s from each
congressional district within the province;
(g) A representative from the NGO sector whose
principal purpose is to promote recycling and the
protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or
packaging industry; and
(j) A representative of each concerned government
agency possessing relevant technical and
marketing expertise as may be determined by the
Board.
The Provincial Solid Waste Management Board
may, from time to time, call on any other concerned
agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency representatives of the
Board: Provided, further, That in the Province of
Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable
Development, pursuant to Republic Act No. 7611.
In the case of Metro Manila, the Board shall be
chaired by the chairperson of the MMDA and its
members shall include:
(i) All mayors of its component cities and
municipalities;
(ii) A representative from the NGO sector whose
principal purpose is to promote recycling and the
protection of air and water quality;
(iii) A representative from the recycling industry;
and
(iv) A representative from the manufacturing or
packaging industry.
The Board may, from time to time, call on any other
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency representatives of the
Board.
The Provincial Solid Waste Management Board
shall have the following functions and
responsibilities:
(1) Develop a provincial solid waste
management plan from the submitted solid waste
management plans of the respective city and
municipal solid waste management boards herein
created. It shall review and integrate the submitted
plans of all its component cities and municipalities
and ensure that the various plans complement
each other, and have the requisite components.
The Provincial Solid Waste Management Plan shall
be submitted to the Commission for approval.
The Provincial Plan shall reflect the general
program of action and initiatives of the provincial
government in implementing a solid waste
management program that would support the
various initiatives of its component cities and
municipalities.
(2) Provide the necessary logistical and
operational support to its component cities and
municipalities in consonance with subsection (f) of
Sec. 17 of the Local Government Code;
(3) Recommend measures and safeguards
against pollution and for the preservation of the
natural ecosystem;
(4) Recommend measures to generate
resources, funding and implementation of projects
and activities as specified in the duly approved
solid waste management plans;
(5) Identify areas within its jurisdiction which
have common solid waste management problems
and are appropriate units for planning local solid
waste management services in accordance with
Section 41 hereof;
(6) Coordinate the efforts of the component cities
and municipalities in the implementation of the
Provincial Solid Waste Management Plan;
(7) Develop an appropriate incentive scheme as
an integral component of the Provincial Solid Waste
Management Plan;
(8) Convene joint meetings of the provincial, city
and municipal solid waste management boards at
least every quarter for purposes of integrating,
synchronizing, monitoring and evaluating the
development and implementation of its provincial
solid waste management plan;
(9) Represent any of its component city or
municipality in coordinating its resource and
operational requirements with agencies of the
national government;
(10) Oversee the implementation of the Provincial
Solid Waste Management Plan;
(11) Review every two (2) years or as the need
arises the Provincial Solid Waste Management
Plan for purposes of ensuring its sustainability,
viability, effectiveness and relevance in relation to
local and international developments in the field of
solid waste management; and
(12) Allow for the clustering of LGUs for the
solution of common solid waste management
problems.
Sec12: City and Municipal Solid Waste
Management Board. — Each city or municipality
shall form a City or Municipal Waste Management
Board that shall prepare, submit and implement a
plan for the safe and sanitary management of solid
waste generated in areas under its geographic and
political coverage.
The City or Municipal Solid Waste Management
Board shall be composed of the city or municipal
mayor as head with the following as members:
(a) One (1) representative of the Sangguniang
Panlungsod or the Sangguniang Bayan, preferably
chairpersons of either the Committees on
Environment or Health, who will be designated by
the presiding officer;
(b) President of the Association of Barangay
Councils in the municipality or city;
(c) Chairperson of the Sangguniang Kabataan
Federation;
(d) A representative from NGOs whose principal
purpose is to promote recycling and the protection
of air and water quality;
(e) A representative from the recycling industry;
(f) A representative from the manufacturing or
packaging industry; and
(g) A representative of each concerned
government agency possessing relevant technical
and marketing expertise as may be determined by
the Board.
The City or Municipal Solid Waste Management
Board may, from time to time, call on any
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency representatives of the
Board.
The City and Municipal Solid Waste Boards shall
have the following duties and responsibilities:
(1) Develop the City or Municipal Solid Waste
Management Plan that shall ensure the long-term
management of solid waste, as well as integrate
the various solid waste management plans and
strategies of the barangays in its area of
jurisdiction. In the development of the Solid Waste
Management Plan, it shall conduct consultations
with the various sectors of the community;
(2) Adopt measures to promote and ensure the
viability and effective implementation of solid waste
management programs in its component
barangays;
(3) Monitor the implementation of the City or
Municipal Solid Waste Management Plan through
its various political subdivisions and in cooperation
with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures
to promote the viability of its Solid Waste
Management Plan;
(5) Convene regular meetings for purposes of
planning and coordinating the implementation of
the solid waste management plans of the
respective component barangays;
(6) Oversee the implementation of the City or
Municipal Solid Waste Management Plan; cAHIaE
(7) Review every two (2) years or as the need
arises the City or Municipal Solid Waste
Management Plan for purposes of ensuring its
sustainability, viability, effectiveness and relevance
in relation to local and international developments
in the field of solid waste management;
(8) Develop the specific mechanics and
guidelines for the implementation of the City or
Municipal Solid Waste Management Plan;
(9) Recommend to appropriate local government
authorities specific measures or proposals for
franchise or build-operate-transfer agreements with
duly recognized institutions, pursuant to R.A. 6957,
to provide either exclusive or non-exclusive
authority for the collection, transfer, storage,
processing, recycling or disposal of municipal solid
waste. The proposals shall take into consideration
appropriate government rules and regulations on
contracts, franchises and build-operate-transfer
agreements;
(10) Provide the necessary logistical and
operational support to its component cities and
municipalities in consonance with subsection (f) of
Sec. 17 of the Local Government Code;
(11) Recommend measures and safeguards
against pollution and for the preservation of the
natural ecosystem; and
(12) Coordinate the efforts of its component
barangays in the implementation of the city or
municipal Solid Waste Management Plan.
Sec13: Establishment of Multi-Purpose
Environment Cooperatives or Associations in
Every LGU. — Multi-purpose cooperatives and
associations that shall undertake activities to
promote the implementation and/or directly
undertake projects in compliance with the
provisions of this Act shall be encouraged and
promoted in every LGU.
Sec16: Local Government Solid Waste
Management Plans. — The province, city or
municipality, through its local solid waste
management boards, shall prepare its respective
10-year solid waste management plans consistent
with the national solid waste management
framework: Provided, That the waste management
plan shall be for the re-use, recycling and
composting of wastes generated in their respective
jurisdictions: Provided, further, That the solid waste
management plan of the LGU shall ensure the
efficient management of solid waste generated
within its jurisdiction. The plan shall place primary
emphasis on implementation of all feasible re-use,
recycling, and composting programs while
identifying the amount of landfill and transformation
capacity that will be needed for solid waste which
cannot be re-used, recycled, or composted. The
plan shall contain all the components provided in
Sec. 17 of this Act and a timetable for the
implementation of the solid waste management
program in accordance with the National
Framework and pursuant to the provisions of this
Act: Provided, finally, That it shall be reviewed and
updated every year by the provincial, city or
municipal solid waste management board.
For LGUs which have considered solid waste
management alternatives to comply with Sec. 37 of
this Act, but are unable to utilize such alternatives,
a timetable or schedule of compliance specifying
the remedial measures and eventual compliance
shall be included in the plan.
 All local government solid waste management
plans shall be subjected to the approval of the
Commission. The plan shall be consistent with the
national framework and in accordance with the
provisions of this Act and of the policies set by the
Commission: Provided, That in the Province of
Palawan, the local government solid waste
management plan shall be approved by the
Palawan Council for Sustainable Development,
pursuant to R.A. No. 7611.
Sec17: The Components of the Local Government
Solid Waste Management Plan. — The solid
waste management plan shall include, but not be
limited to, the following components:
(a) City or Municipal Profile — The plan shall
indicate the following background information on
the city or municipality and its component
barangays, covering important highlights of the
distinct geographic and other conditions:
(1) Estimated population of each barangay
within the city or municipality and population
projection for a 10-year period;
(2) Illustration or map of the city/municipality,
indicating locations of residential, commercial, and
industrial centers, and agricultural area, as well as
dump sites, landfills and other solid waste facilities.
The illustration shall indicate as well, the proposed
sites for disposal and other solid waste facilities;
(3) Estimated solid waste generation and
projection by source, such as residential, market,
commercial, industrial, construction/demolition,
street waste, agricultural, agro-industrial,
institutional, other wastes; and
(4) Inventory of existing waste disposal and
other solid waste facilities and capacities.
(b) Waste characterization — For the initial
source reduction and recycling element of a local
waste management plan, the LGU waste
characterization component shall identify the
constituent materials which comprise the solid
waste generated within the jurisdiction of the LGU.
The information shall be representative of the solid
waste generated and disposed of within that area.
The constituent materials shall be identified by
volume, percentage in weight or its volumetric
equivalent, material type, and source of generation
which includes residential, commercial, industrial,
governmental, or other sources. Future revisions of
waste characterization studies shall identify the
constituent materials which comprise the solid
waste disposed of at permitted disposal facilities.
(c) Collection and Transfer — The plan shall
take into account the geographic subdivisions to
define the coverage of the solid waste collection
area in every barangay. The barangay shall be
responsible for ensuring that a 100% collection
efficiency from residential, commercial, industrial
and agricultural sources, where necessary within its
area of coverage, is achieved. Toward this end, the
plan shall define and identify the specific strategies
and activities to be undertaken by its component
barangays, taking into account the following
concerns:
(1) Availability and provision of properly
designed containers or receptacles in selected
collection points for the temporary storage of solid
waste while awaiting collection and transfer to
processing sites or to final disposal sites;
(2) Segregation of different types of solid waste
for re-use, recycling and composting;
(3) Hauling and transfer of solid waste from
source or collection points to processing sites or
final disposal sites;
(4) Issuance and enforcement of ordinances to
effectively implement a collection system in the
barangay; and
(5) Provision of properly trained officers and
workers to handle solid waste disposal.
The plan shall define and specify the methods and
systems for the transfer of solid waste from specific
collection points to solid waste management
facilities.
(d) Processing — The plan shall define the
methods and the facilities required to process the
solid waste, including the use of intermediate
treatment facilities for composting, recycling,
conversion and other waste processing systems.
Other appropriate waste processing technologies
may also be considered provided that such
technologies conform with internationally-
acceptable and other standards set in other laws
and regulations.
(e) Source reduction — The source reduction
component shall include a program and
implementation schedule which shows the methods
by which the LGU will, in combination with the
recycling and composting components, reduce a
sufficient amount of solid waste disposed of in
accordance with the diversion requirements of Sec.
20.
The source reduction component shall describe the
following:
(1) strategies in reducing the volume of solid
waste generated at source;
(2) measures for implementing such strategies
and the resources necessary to carry out such
activities;
(3) other appropriate waste reduction
technologies that may also be considered, provided
that such technologies conform with the standards
set pursuant to this Act;
(4) the types of wastes to be reduced pursuant
to Sec. 15 of this Act;
(5) the methods that the LGU will use to
determine the categories of solid wastes to be
diverted from disposal at a disposal facility through
re-use, recycling and composting; and
(6) new facilities and of expansion of existing
facilities which will be needed to implement re-use,
recycling and composting.
The LGU source reduction component shall include
the evaluation and identification of rate structures
and fees for the purpose of reducing the amount of
waste generated, and other source reduction
strategies, including but not limited to, programs
and economic incentives provided under Sec. 45 of
this Act to reduce the use of non-recyclable
materials, replace disposable materials and
products with reusable materials and products,
reduce packaging, and increase the efficiency of
the use of paper, cardboard, glass, metal, and
other materials. The waste reduction activities of
the community shall also take into account, among
others, local capability, economic viability, technical
requirements, social concerns, disposition of
residual waste and environmental impact:
Provided, That, projection of future facilities needed
and estimated cost shall be incorporated in the
plan.
(f) Recycling — The recycling component shall
include a program and implementation schedule
which shows the methods by which the LGU shall,
in combination with the source reduction and
composting components, reduce a sufficient
amount of solid waste disposed of in accordance
with the diversion requirements set in Sec. 20.
The LGU recycling component shall describe the
following:
(1) The types of materials to be recycled under
the programs;
(2) The methods for determining the categories
of solid wastes to be diverted from disposal at a
disposal facility through recycling; and
(3) New facilities and expansion of existing
facilities needed to implement the recycling
component.
The LGU recycling component shall describe
methods for developing the markets for recycled
materials, including, but not limited to, an
evaluation of the feasibility of procurement
preferences for the purchase of recycled products.
Each LGU may determine and grant a price
preference to encourage the purchase of recycled
products.
The five-year strategy for collecting, processing,
marketing and selling the designated recyclable
materials shall take into account persons engaged
in the business of recycling or persons otherwise
providing recycling services before the effectivity of
this Act. Such strategy may be based upon the
results of the waste composition analysis
performed pursuant to this Section or information
obtained in the course of past collection of solid
waste by the local government unit, and may
include recommendations with respect to
increasing the number of materials designated for
recycling pursuant to this Act.
The LGU recycling component shall evaluate
industrial, commercial, residential, agricultural,
governmental, and other curbside, mobile, drop-off,
and buy-back recycling programs, manual and
automated materials recovery facilities, zoning,
building code changes and rate structures which
encourage recycling of materials. The Solid Waste
Management Plan shall indicate the specific
measures to be undertaken to meet the waste
diversion specified under Sec. 20 of this Act.
Recommended revisions to the building
ordinances, requiring newly-constructed buildings
and buildings undergoing specified alterations to
contain storage space, devices or mechanisms that
facilitate source separation and storage of
designated recyclable materials to enable the local
government unit to efficiently collect, process,
market and sell the designated materials. Such
recommendations shall include, but shall not be
limited to separate chutes to facilitate source
separation in multi-family dwellings, storage areas
that conform to fire and safety code regulations,
and specialized storage containers.
The Solid Waste Management Plan shall indicate
the specific measures to be undertaken to meet the
recycling goals pursuant to the objectives of this
Act.
(g) Composting — The composting component
shall include a program and implementation
schedule which shows the methods by which the
LGU shall, in combination with the source reduction
and recycling components, reduce a sufficient
amount of solid waste disposed of within its
jurisdiction to comply with the diversion
requirements of Sec. 20 hereof.
The LGU composting component shall describe the
following:
(1) The types of materials which will be
composted under the programs;
(2) The methods for determining the categories
of solid wastes to be diverted from disposal at a
disposal facility through composting; and
(3) New facilities, and expansion of existing
facilities needed to implement the composting
component.
The LGU composting component shall describe
methods for developing the markets for composted
materials, including, but not limited to, an
evaluation of the feasibility of procurement
preferences for the purchase of composted
products. Each LGU may determine and grant a
price preference to encourage the purchase of
composted products.
(h) Solid waste facility capacity and final disposal
— The solid waste facility component shall include,
but shall not be limited to, a projection of the
amount of disposal capacity needed to
accommodate the solid waste generated, reduced
by the following:
(1) Implementation of source reduction,
recycling, and composting programs required in
this Section or through implementation of other
waste diversion activities pursuant to Sec. 20 of
this Act;
(2) Any permitted disposal facility which will be
available during the 10-year planning period; and
(3) All disposal capacity which has been secured
through an agreement with another LGU, or
through an agreement with a solid waste
enterprise.
The plan shall identify existing and proposed
disposal sites and waste management facilities in
the city or municipality or in other areas. The plan
shall specify the strategies for the efficient disposal
of waste through existing disposal facilities and the
identification of prospective sites for future use. The
selection and development of disposal sites shall
be made on the basis of internationally accepted
standards and on the guidelines set in Secs. 41
and 42 of this Act.
Strategies shall be included to improve said
existing sites to reduce adverse impact on health
and the environment, and to extend life span and
capacity. The plan shall clearly define projections
for future disposal site requirements and the
estimated cost for these efforts.
Open dump sites shall not be allowed as final
disposal sites. If an open dump site is existing
within the city or municipality, the plan shall make
provisions for its closure or eventual phase out
within the period specified under the framework
and pursuant to the provisions under Sec. 37 of this
Act. As an alternative, sanitary landfill sites shall be
developed and operated as a final disposal site for
solid and, eventually, residual wastes of a
municipality or city or a cluster of municipalities
and/or cities. Sanitary landfills shall be designed
and operated in accordance with the guidelines set
under Secs. 40 and 41 of this Act.
(i) Education and public information — The
education and public information component shall
describe how the LGU will educate and inform its
citizens about the source reduction, recycling, and
composting programs.
The plan shall make provisions to ensure that
information on waste collection services, solid
waste management and related health and
environmental concerns are widely disseminated
among the public. This shall be undertaken through
the print and broadcast media and other
government agencies in the municipality. The
DECS and the Commission on Higher Education
shall ensure that waste management shall be
incorporated in the curriculum of primary,
secondary and college students.
(j) Special waste — The special waste
component shall include existing waste handling
and disposal practices for special wastes or
household hazardous wastes, and the identification
of current and proposed programs to ensure the
proper handling, re-use, and long-term disposal of
special wastes.
(k) Resource requirement and funding — The
funding component includes identification and
description of project costs, revenues, and revenue
sources the LGU will use to implement all
components of the LGU solid waste management
plan.
The plan shall likewise indicate specific projects,
activities, equipment and technological
requirements for which outside sourcing of funds or
materials may be necessary to carry out the
specific components of the plan. It shall define the
specific uses for its resource requirements and
indicate its costs. The plan shall likewise indicate
how the province, city or municipality intends to
generate the funds for the acquisition of its
resource requirements. It shall also indicate if
certain resource requirements are being or will be
sourced from fees, grants, donations, local funding
and other means. This will serve as basis for the
determination and assessment of incentives which
may be extended to the province, city or
municipality as provided for in Sec. 45 of this Act.
(l) Privatization of solid waste management
projects — The plan shall likewise indicate specific
measures to promote the participation of the private
sector in the management of solid wastes,
particularly in the generation and development of
the essential technologies for solid waste
management. Specific projects or component
activities of the plan which may be offered as
private sector investment activity shall be identified
and promoted as such. Appropriate incentives for
private sector involvement in solid waste
management shall likewise be established and
provided for in the plan, in consonance with Sec.
45 hereof and other existing laws, policies and
regulations; and
(m) Incentive programs — A program providing
for incentives, cash or otherwise, which shall
encourage the participation of concerned sectors
shall likewise be included in the plan.
Sec18: Owner and Operator. — Responsibility for
compliance with the standards in this Act shall rest
with the owner and/or operator. If specifically
designated, the operator is considered to have
primary responsibility for compliance; however, this
does not relieve the owner of the duty to take all
reasonable steps to assure compliance with these
standards and any assigned conditions. When the
title to a disposal is transferred to another person,
the new owner shall be notified by the previous
owner of the existence of these standards and of
the conditions assigned to assure compliance.
Sec19: Waste Characterization. — The
Department, in coordination with the LGUs, shall be
 responsible for the establishment of the guidelines
for the accurate characterization of wastes
including determination of whether or not wastes
will be compatible with containment features and
other wastes, and whether or not wastes are
required to be managed as hazardous wastes
under R.A. 6969, otherwise known as the Toxic
Substances and Hazardous and Nuclear Wastes
Control Act.
Sec20: Establishing Mandatory Solid Waste
Diversion. — Each LGU plan shall include an
implementation schedule which shows that within
five (5) years after the effectivity of this Act, the
LGU shall divert at least 25% of all solid waste from
waste disposal facilities through re-use, recycling,
and composting activities and other resource
recovery activities: Provided, That the waste
diversion goals shall be increased every three (3)
years thereafter: Provided, further, That nothing in
this Section prohibits a local government unit from
implementing re-use, recycling, and composting
activities designed to exceed the goal.
ARTICLE 2 Segregation of Wastes
Sec21: Mandatory Segregation of Solid Wastes.
— The LGUs shall evaluate alternative roles for the
public and private sectors in providing collection
services, type of collection system, or combination
of systems, that best meet their needs: Provided,
That segregation of wastes shall primarily be
conducted at the source, to include household,
institutional, industrial, commercial and agricultural
sources: Provided, further, That wastes shall be
segregated into the categories provided in Sec. 22
of this Act.
For premises containing six (6) or more residential
units, the local government unit shall promulgate
regulations requiring the owner or person in charge
of such premises to:
(a) provide for the residents a designated area
and containers in which to accumulate source
separated recyclable materials to be collected by
the municipality or private center; and
(b) notify the occupants of such buildings of the
requirements of this Act and the regulations
promulgated pursuant thereto.
Sec22: Requirements for the Segregation and
Storage of Solid Waste. — The following shall be
the minimum standards and requirements for
segregation and storage of solid waste pending
collection:
(a) There shall be a separate container for each
type of waste from all sources: Provided, That in
the case of bulky waste, it will suffice that the same
be collected and placed in a separate and
designated area; and
(b) The solid waste container depending on its
use shall be properly marked or identified for on-
site collection as "compostable", "non-recyclable",
"recyclable" or "special waste", or any other
classification as may be determined by the
Commission.
Sec43: Guidelines for Identification of Common
Solid Waste Management Problems. — For
purposes of encouraging and facilitating the
development of local government plans for solid
waste management, the Commission shall, as soon
as practicable but not later than six (6) months from
the effectivity of this Act, publish guidelines for the
identification of those areas which have common
solid waste management problems and are
appropriate units for clustered solid waste
management services. The guidelines shall be
based on the following:
(a) the size and location of areas which should
be included;
(b) the volume of solid waste which would be
generated;
(c) the available means of coordinating local
government planning between and among the
LGUs and for the integration of such with the
national plan; and
(d) possible lifespan of the disposal facilities.
Sec44: Establishment of Common Waste
Treatment and Disposal Facilities. — Pursuant to
Sec. 33 of R.A. 7160, otherwise known as the
Local Government Code, all provinces, cities,
municipalities and barangays, through appropriate
ordinances, are hereby mandated to consolidate, or
coordinate their efforts, services, and resources for
purposes of jointly addressing common solid waste
management problems and/or establishing
common waste disposal facilities.
The Department, the Commission and local solid
waste management boards shall provide technical
and marketing assistance to the LGUs.
CHAPTER IV Incentives
Sec45: Incentives. — (a) Rewards, monetary or
otherwise, shall be provided to individuals, private
organizations and entities, including
nongovernment organizations, that have
undertaken outstanding and innovative projects,
technologies, processes and techniques or
activities in re-use, recycling and reduction. Said
rewards shall be sourced from the Fund herein
created.
(b) An incentive scheme is hereby provided for
the purpose of encouraging LGUs, enterprises, or
private entities, including NGOs, to develop or
undertake an effective solid waste management, or
actively participate in any program geared towards
the promotion thereof as provided for in this Act.
(1) Fiscal Incentives — Consistent with the
provisions of E.O. 226, otherwise known as the
Omnibus Investments Code, the following tax
incentives shall be granted:
(a) Tax and Duty Exemption on Imported Capital
Equipment and Vehicles — Within ten (10) years
upon effectivity of this Act, LGUs, enterprises or
private entities shall enjoy tax and duty-free
importation of machinery, equipment, vehicles and
spare parts used for collection, transportation,
segregation, recycling, re-use and composting of
solid wastes: Provided, That the importation of
such machinery, equipment, vehicle and spare
parts shall comply with the following conditions:
(i) They are not manufactured domestically in
sufficient quantity, of comparable quality and at
reasonable prices;
(ii) They are reasonably needed and will be
used actually, directly and exclusively for the above
mentioned activities;
(iii) The approval of the Board of Investment
(BOI) of the DTI for the importation of such
machinery, equipment, vehicle and spare parts.
Provided, further, That the sale, transfer or
disposition of such machinery, equipment, vehicle
and spare parts, without prior approval of the BOI,
within five (5) years from the date of acquisition
shall be prohibited, otherwise, the LGU concerned,
enterprises or private entities and the vendee,
transferee or assignee shall be solidarily liable to
pay twice the amount of tax and duty exemption
given it.
(b) Tax Credit on Domestic Capital Equipment —
Within ten (10) years from the effectivity of this Act,
a tax credit equivalent to 50% of the value of the
national internal revenue taxes and customs duties
that would have been waived on the machinery,
equipment, vehicle and spare parts, had these
items been imported shall be given to enterprises,
private entities, including NGOs, subject to the
same conditions and prohibition cited in the
preceding paragraph.
(c) Tax and Duty Exemption of Donations,
Legacies and Gift — All legacies, gifts and
donations to LGUs, enterprises or private entities,
including NGOs, for the support and maintenance
of the program for effective solid waste
management shall be exempt from all internal
revenue taxes and customs duties, and shall be
deductible in full from the gross income of the
donor for income tax purposes.
(2) Non-Fiscal Incentives — LGUS, enterprises
or private entities availing of tax incentives under
this Act shall also be entitled to applicable non-
fiscal incentives provided for under E.O. 226,
otherwise known as the Omnibus Investments
Code.
The Commission shall provide incentives to
businesses and industries that are engaged in the
recycling of wastes and which are registered with
the Commission and have been issued ECCs in
accordance with the guidelines established by the
Commission. Such incentives shall include
simplified procedures for the importation of
equipment, spare parts, new materials, and
supplies, and for the export of processed products.
(3) Financial Assistance Program —
Government financial institutions such as the
Development Bank of the Philippines (DBP),
Landbank of the Philippines (LBP), Government
Service Insurance System (GSIS), and such other
government institutions providing financial services
shall, in accordance with and to the extent allowed
by the enabling provisions of their respective
charters or applicable laws, accord high priority to
extend financial services to individuals, enterprises,
or private entities engaged in solid waste
management.
(4) Extension of Grants to LGUs — Provinces,
cities and municipalities whose solid waste
management plans have been duly approved by
the Commission or who have been commended by
the Commission for adopting innovative solid waste
management programs may be entitled to receive
grants for the purpose of developing their technical
capacities toward actively participating in the
program for effective and sustainable solid waste
management.
(5) Incentives to Host LGUs — Local
government units who host common waste
management facilities shall be entitled to
incentives.
CHAPTER V Financing Solid Waste Management
Sec46: Solid Waste Management Fund. — There is
hereby created, as a special account in the
National Treasury, a Solid Waste Management
Fund to be administered by the Commission. Such
fund shall be sourced from the following:
(a) Fines and penalties imposed, proceeds of
permits and licenses issued by the Department
under this Act, donations, endowments, grants and
contributions from domestic and foreign sources;
and
(b) Amounts specifically appropriated for the
Fund under the annual General Appropriations Act.
The Fund shall be used to finance the following:
(1) products, facilities, technologies and
processes to enhance proper solid waste
management;
(2) awards and incentives;
(3) research programs;
(4) information, education, communication and
monitoring activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis
of their approved solid waste management plan.
Specific criteria for the availment of the Fund shall
be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated
to the LGU where the fined prohibited acts are
 committed in order to finance the solid waste
management of said LGU. Such allocation shall be
based on a sharing scheme between the Fund and
the LGU concerned.
In no case, however, shall the Fund be used for the
creation of positions or payment of salaries and
wages.
Sec47: Authority to Collect Solid Waste
Management Fees. — The local government unit
shall impose fees in amounts sufficient to pay the
costs of preparing, adopting, and implementing a
solid waste management plan prepared pursuant to
this Act. The fees shall be based on the following
minimum factors:
(a) types of solid waste;
(b) amount/volume of waste; and
(c) distance of the transfer station to the waste
management facility.
The fees shall be used to pay the actual costs
incurred by the LGU in collecting the local fees. In
determining the amounts of the fees, an LGU shall
include only those costs directly related to the
adoption and implementation of the plan and the
setting and collection of the local fees.
RA8550: An Act Providing For The Development,
Management And Conservation Of The Fisheries
And Aquatic Resources, Integrating All Laws
Pertinent Thereto, And For Other Purposes
Sec16: Jurisdiction of Municipal/City
Government. — The municipal/city government
shall have jurisdiction over municipal waters as
defined in this Code. The municipal/city
government, in consultation with the FARMC shall
be responsible for the management, conservation,
development, protection, utilization, and disposition
of all fish and fishery/aquatic resources within their
respective municipal waters.
The municipal/city government may, in consultation
with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National
Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed
pursuant to Republic Act No. 7160 by the
sanggunian of the province which has jurisdiction
over the same.
The LGUs shall also enforce all fishery laws, rules
and regulations as well as valid fishery ordinances
enacted by the municipal/city council.
The management of contiguous fishery resources
such as bays which straddle several municipalities,
cities or provinces, shall be done in an integrated
manner, and shall not be based on political
subdivisions of municipal waters in order to
facilitate their management as single resource
systems. The LGUs which share or border such
resources may group themselves and coordinate
with each other to achieve the objectives of
integrated fishery resource management. The
Integrated Fisheries and Aquatic Resources
Management Councils (FARMCs) established
under Section 76 of this Code shall serve as the
venues for close collaboration among LGUs in the
management of contiguous resources.
Sec17: Grant of Fishing Privileges in Municipal
Waters. — The duly registered fisherfolk
organizations/cooperatives shall have preference in
the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local
Government Code: Provided, That in areas where
there are special agencies or offices vested with
jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but
not limited to, the Laguna Lake Development
Authority and the Palawan Council for Sustainable
Development, said offices and agencies shall
continue to grant permits for proper management
and implementation of the aforementioned
structures.
Sec18: Users of Municipal Waters. — All fishery
related activities in municipal waters, as defined in
this Code, shall be utilized by municipal fisherfolk
and their cooperatives/organizations who are listed
as such in the registry of municipal fisherfolk.
The municipal or city government, however, may,
through its local chief executive and acting
pursuant to an appropriate ordinance, authorize or
permit small and medium commercial fishing
vessels to operate within the ten point one (10.1) to
fifteen (15) kilometer area from the shoreline in
municipal waters as defined herein, provided, that
all the following are met:
a. no commercial fishing in municipal waters
with depth less than seven (7) fathoms as certified
by the appropriate agency;
b. fishing activities utilizing methods and gears
that are determined to be consistent with national
policies set by the Department;
c. prior consultation, through public hearing,
with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the
shipowner, employer, captain and crew have been
certified by the appropriate agency as not having
violated this Code, environmental laws and related
laws.
In no case shall the authorization or permit
mentioned above be granted for fishing in bays as
determined by the Department to be in an
environmentally critical condition and during closed
season as provided for in Section 9 of this Code.
Sec19: Registry of Municipal Fisherfolk. — The
LGU shall maintain a registry of municipal
fisherfolk, who are fishing or may desire to fish in
 municipal waters for the purpose of determining
priorities among them, of limiting entry into the
municipal waters, and of monitoring fishing
activities an/or other related purposes: Provided,
That the FARMC shall submit to the LGU the list of
priorities for its consideration.
Such list or registry shall be updated annually or as
may be necessary, and shall be posted in barangay
halls or other strategic locations where it shall be
open to public inspection, for the purpose of
validating the correctness and completeness of the
list. The LGU, in consultation with the FARMCs,
shall formulate the necessary mechanisms for
inclusion or exclusion procedures that shall be
most beneficial to the resident municipal fisherfolk.
The FARMCs may likewise recommend such
mechanisms.
The LGUs shall also maintain a registry of
municipal fishing vessels by type of gear and other
boat particulars with the assistance of the FARMC.
Sec20: Fisherfolk Organizations and/or
Cooperatives. — Fisherfolk
organizations/cooperatives whose members are
listed in the registry of municipal fisherfolk, may be
granted use of demarcated fishery areas to engage
in fish capture, mariculture and/or fish farming:
Provided, however, That an
organization/cooperative member whose
household is already in possession of a fishery
right other than for fish capture cannot enjoy the
fishing rights granted to the organization or
cooperative.
Sec21: Priority of Resident Municipal Fisherfolk.
— Resident municipal fisherfolk of the municipality
concerned and their organizations/cooperatives
shall have priority to exploit municipal and
demarcated fishery areas of the said municipality.
Sec22: Demarcated Fishery Right. — The LGU
concerned shall grant demarcated fishery rights to
fishery organizations/cooperatives for mariculture
operation in specific areas identified by the
Department.
Sec23: Limited Entry Into Overfished Areas. —
Whenever it is determined by the LGUs and the
Department that a municipal water is overfished
based on available data or information or in danger
of being overfished, and that there is a need to
regenerate the fishery resources in that water, the
LGU shall prohibit or limit fishery activities in the
said waters.
Sec24: Support to Municipal Fisherfolk. — The
Department and the LGUs shall provide support to
municipal fisherfolk through appropriate technology
and research, credit, production and marketing
assistance and other services such as, but not
limited to training for additional/supplementary
livelihood.
Sec25: Rights and Privileges of Fishworkers. —
The fishworkers shall be entitled to the privileges
accorded to other workers under the Labor Code,
Social Security System and other benefits under
other laws or social legislation for workers:
Provided, That fishworkers on board any fishing
vessels engaged in fishing operations are hereby
covered by the Philippine Labor Code, as
amended.
STD Prevention and Treatment: General Comment
(Part 2)
It is a myth that one may acquire "immunity" to
STDs. Two other myths are that one cannot have
more than one STD at once (you can have many at
once), and that one needs to have multiple partners
to acquire an STD (one is sufficient).
HIV and hepatitis may be spread through sharing
drug or steroid needles with someone who is
infected. In many cities, such as Seattle, one may go
to a needle exchange program for clean needles.
However, the best approach to the needle problem if
you're an injecting drug or steroid user is to obtain a
supply of sterile syringes and needles for yourself,
and NEVER use a rig that has been used by
somebody else. It is true that you can clean
somebody else's works, but if you need a fix you may
not be willing to sit through the sterilization
procedure, which takes time.
However, if using clean equipment is not an option,
the following procedure may be used. Pour 100%
bleach (i.e. Clorox) into a container and repeatedly (3-
4 times) draw the bleach into the needle up to the top
of the plunger, keep it there for a few minutes, and
then eject it down a drain (you can alternatively just
take your rig apart and soak it in 100% bleach for
about 10 minutes). After this step, rinse everything in
cold running water fora few minutes. If a cooker is
used, wipe it with a bleach-soaked cotton ball, and
then rinse the cooker with cold water and discard the
cotton. Never share any of the water, bleach, or
cotton once it has been used during this procedure
with someone else. (end)
Basic Services and Facilities
Sec17: Basic Services and Facilities. –
(c) Local government units shall
endeavor to be self-reliant and shall continue
exercising the powers and discharging the
duties and functions currently vested upon
them. They shall also discharge the functions
 and responsibilities of national agencies
and offices devolved to them pursuant to this
Code. Local government units shall likewise
exercise such other powers and discharge
such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient
and effective provision of the basic services
and facilities enumerated herein.
(d) Such basic services and facilities
include, but are not limited to, the following:
(1) For a Barangay:
(i) Agricultural support
services which include planting
materials distribution system and
operation of farm produce collection
and buying stations;
(ii) Health and social welfare
services which include maintenance
of barangay health center and day-
care center;
(iii) Services and facilities
related to general hygiene and
sanitation, beautification, and solid
waste collection;
(iv) Maintenance of
katarungang pambarangay;
(v) Maintenance of barangay
roads and bridges and water supply
systems
(vi) Infrastructure facilities
such as multi- purpose hall,
multipurpose pavement, plaza,
sports center, and other similar
facilities;
(vii) Information and reading
center; and
(viii) Satellite or public market,
where viable;
(2) For a municipality:
(i). Extension and
on-site research services and
facilities related to agriculture and
fishery activities which include
dispersal of livestock and poultry,
fingerlings, and other seeding
materials for aquaculture; palay,
corn, and vegetable seed farms;
medicinal plant gardens; fruit tree,
coconut, and other kinds of seedling
nurseries; demonstration farms;
quality control of copra and
improvement and development of
local distribution channels, preferably
through cooperatives; interbarangay
irrigation system; water and soil
resource utilization and conservation
projects; and enforcement of fishery
laws in municipal waters including
the conservation of mangroves;
(ii). Pursuant to
national policies and subject to
supervision, control and review of the
DENR, implementation of
community-based forestry projects
which include integrated social
forestry programs and similar
projects; management and control of
communal forests with an area not
exceeding fifty (50) square
kilometers; establishment of tree
parks, greenbelts, and similar forest
development projects;
(iii). Subject to the
provisions of Title Five, Book I of this
Code, health services which include
the implementation of programs and
projects on primary health care,
maternal and child care, and
communicable and non-
communicable disease control
services; access to secondary and
tertiary health services; purchase of
medicines, medical supplies, and
equipment needed to carry out the
services herein enumerated;
(iv). Social welfare
services which include programs and
projects on child and youth welfare,
family and community welfare,
women's welfare, welfare of the
elderly and disabled persons;
community-based rehabilitation
programs for vagrants, beggars,
street children, scavengers, juvenile
delinquents, and victims of drug
abuse; livelihood and other pro-poor
projects; nutrition services; and
family planning services;
(v). Information
services which include investments
and job placement information
systems, tax and marketing
information systems, and
maintenance of a public library;
(vi). Solid waste
disposal system or environmental
management system and services or
facilities related to general hygiene
and sanitation;
(vii). Municipal
buildings, cultural centers, public
parks including freedom parks,
playgrounds, and sports facilities and
equipment, and other similar
facilities;
(viii). Infrastructure
facilities intended primarily to service
the needs of the residents of the
municipality and which are funded
 out of municipal funds including, but
not limited to, municipal roads and
bridges; school buildings and other
facilities for public elementary and
secondary schools; clinics, health
centers and other health facilities
necessary to carry out health
services; communal irrigation, small
water impounding projects and other
similar projects; fish ports; artesian
wells, spring development, rainwater
collectors and water supply systems;
seawalls, dikes, drainage and
sewerage, and flood control; traffic
signals and road signs; and similar
facilities;
(ix). Public
markets, slaughterhouses and other
municipal enterprises;
(x). Public
cemetery;
(xi). Tourism
facilities and other tourist attractions,
including the acquisition of
equipment, regulation and
supervision of business concessions,
and security services for such
facilities; and
(xii). Sites for police
and fire stations and substations and
the municipal jail;
(3) Fo
r a Province:
(i). A and the Home Development Mutual
gricultural extension and on-site
research services and facilities which
include the prevention and control of
plant and animal pests and
diseases; dairy farms, livestock
markets, animal breeding stations,
and artificial insemination centers;
and assistance in the organization of
farmers' and fishermen's
cooperatives and other collective
organizations, as well as the transfer
of appropriate technology;
(ii).
Industrial research and development
services, as well as the transfer of
appropriate technology;
(iii). P nter-municipal telecommunications
ursuant to national policies and
subject to supervision, control and
review of the DENR, enforcement of
forestry laws limited to community-
based forestry projects, pollution
control law, small-scale mining law,
and other laws on the protection of
the environment; and mini-hydro
electric projects for local purposes;
(iv). S
ubject to the provisions of Title Five,
Book I of this Code, health services
which include hospitals and other
tertiary health services;
(v). S
ocial welfare services which include
pro grams and projects on rebel
returnees and evacuees; relief
operations; and, population
development services;
(vi). P
rovincial buildings, provincial jails,
freedom parks and other public
assembly areas, and other similar
facilities;
(vii). I
nfrastructure facilities intended to
service the needs of the residents of
the province and which are funded
out of provincial funds including, but
not limited to, provincial roads and
bridges; inter-municipal waterworks,
drainage and sewerage, flood
control, and irrigation systems;
reclamation projects; and similar
facilities;
(viii). P
rograms and projects for low-cost
housing and other mass dwellings,
except those funded by the Social
Security System (SSS), Government
Service Insurance System (GSIS),
Fund (HDMF): Provided, That
national funds for these programs
and projects shall be equitably
allocated among the regions in
proportion to the ratio of the
homeless to the population;
(ix). I
nvestment support services,
including access to credit financing;
(x). U
pgrading and modernization of tax
information and collection services
through the use of computer
hardware and software and other
means;
(xi). I
services, subject to national policy
guidelines; and
(xii). T
ourism development and promotion
programs;
(4) For a City:
All the services and facilities of the
municipality and province, and in addition
thereto, the following:
 (i). Adequate communication and
transportation facilities;
(ii). Support for education, police and fire
services and facilities.
(c) Notwithstanding the provisions of
subsection (b) hereof, public works and
infrastructure projects and other facilities
funded by the national government under the
annual General Appropriations Act, other
special laws, pertinent executive orders, and
those wholly or partially funded from foreign
sources, are not covered under this Section,
except in those cases where the local
government unit concerned is duly designated
as the implementing agency for such projects,
facilities, programs, and services.
(d) The designs, plans, specifications,
testing of materials, and the procurement of
equipment and materials from both foreign and
local sources
necessary for the provision of the foregoing
services and facilities shall be undertaken by
the local government unit concerned, based on
national
policies, standards and guidelines.
(e) National agencies or offices
concerned shall devolve to local government
units the responsibility for the provision of basic
services and facilities enumerated in this
Section within six (6) months after the
effectivity of this Code.
As used in this Code, the term "devolution"
refers to the act by which the national
government confers power and authority upon
the various local government units to perform
specific functions and responsibilities.
(f) The national government or the
next higher level of local government unit may
provide or augment the basic services and
facilities assigned to a lower level of local
government unit when such services or
facilities are not made available or, if made
available, are inadequate to meet the
requirements of its inhabitants.
(g) The basic services and facilities
hereinabove enumerated shall be funded from
the share of local government units in the
proceeds of national
taxes and other local revenues and funding
support from the national government, its
instrumentalities and government-owned or
-controlled corporations which are tasked by
law to establish and maintain such services or
facilities. Any fund or resource available for the
use of local government units shall be first
allocated for the provision of basic services or
facilities enumerated in subsection (b) hereof
before applying the same for other purposes,
unless otherwise provided in this Code.
(h) The Regional offices of national
agencies or offices whose functions are
devolved to local government units as provided
herein shall be phased out within one (1) year
from the approval of this Code. Said national
agencies and offices may establish such field
units as may be necessary for monitoring
purposes and providing technical assistance to
local government units. The properties,
equipment, and other assets of these regional
offices shall be distributed to the local
government units in the region in accordance
with the rules and regulations issued by the
oversight committee created under this Code.
(i) The devolution contemplated in
this Code shall include the transfer to local
government units of the records, equipment,
and other assets and personnel of national
agencies and offices corresponding to the
devolved powers, functions, and
responsibilities.
Personnel of said national agencies or offices
shall be absorbed by the local government
units to which they belong or in whose areas
they are assigned to the extent that it is
administratively viable as determined by the
said oversight committee: Provided, That the
rights accorded to such personnel pursuant to
civil service law, rules and regulations shall not
be impaired: Provided, Further, That regional
directors who are career executive service
officers and other officers of similar rank in the
said regional offices who cannot be absorbed
by the local government unit shall be retained
by the national government, without any
diminution of rank, salary or tenure.
(j) To ensure the active participation
of the private sector in local governance, local
government units may, by ordinance, sell,
lease, encumber, or otherwise dispose of public
economic enterprises owned by them in their
proprietary capacity.
Costs may also be charged for the delivery of
basic services or facilities enumerated in this
Section.
Pimentel, p.15
Devolution of Central Govt. powers and funds are
transferred directly to the provinces, cities,
municipalities and barangays without any
intermediary. The code also provides for effective
allocation among the different LGUs of their
respective powers, functions responsibilities and
resources, meaning that they will not stop at any one
level, but deep down to all levels of LGUs. Thus
barangays exercise their powers without the need of
municipal approval, nor do they get funds from the
municipality but by direct allocation.
4 general powers exercised by the LGUs:
1) those expressly granted by the code
2) those implied from those expressly granted
3) those necessary, appropriate or incidental for their
efficient and effective governance
4) those that are essential to the promotion of the
genera welfare of their inhabitants.
Local Government Code, IRR
Article24: Devolution. —
(a) Consistent with local autonomy and
decentralization, the provision for the delivery of
basic services and facilities shall be devolved from
the National Government to provinces, cities,
municipalities, and barangays so that each LGU
shall be responsible for a minimum set of services
and facilities in accordance with established
national policies, guidelines, and standards.
(b) For purposes of this Rule, devolution shall
mean the transfer of power and authority from the
National Government to LGUs to enable them to
perform specific functions and responsibilities.
(c) Any subsequent change in national policies,
guidelines, and standards shall be subject to prior
consultation with LGUs.
Tano vs. Socrates (1997) - supra
Issue: WON the ordinances enacted are valid.
Held: Yes
Ratio:
The ordinances in question are meant precisely to
protect and conserve our marine resources to the
end that their enjoyment may be guaranteed not only
for the present generation, but also for the
generations to come.
State policy also enshrined in the Constitution is the
duty of the State to protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
The LGCode provision on the General Welfare
Clause1 gives flesh and blood to the right of the
people to a balanced and healthful ecology.
Moreover, Section 5(c) of the LGC explicitly
mandates that the general welfare provisions of
the LGC "shall be liberally interpreted to give
more powers to the local government units in
accelerating economic development and
upgrading the quality of life for the people of the
community."
One of the devolved powers enumerated in the
section of the LGCode on devolution is the
enforcement of fishery laws in municipal waters
including the conservation of mangroves. This
necessarily includes the enactment of ordinances to
effectively carry out such fishery laws within the
municipal waters.
Both ordinances have two principal objectives:
(a) to establish a "closed season" for the species
of fish or aquatic animals covered therein for a
period of five years
(b) to protect the coral in the marine waters of
Puerto Princesa and Palawan from further
destruction due to illegal fishing activities.
The accomplishment of the first objective is well
within the devolved power to enforce fishery laws in
municipal waters, such as P.D. No. 1015, which
allows the establishment of "closed seasons." The
devolution of such power has been expressly
confirmed in a MOA bet DA and DILG.
The realization of the second objective clearly falls
within both the general welfare clause of the LGCode
and the express mandate to cities and provinces to
protect the environment and impose appropriate
penalties for acts which endanger the environment.
The nexus between the activities barred by the
ordinances and the prohibited acts, on the one hand,
and the use of sodium cyanide, on the other, is
painfully obvious. Thus, the public purpose and
reasonableness of the Ordinances may not then be
controverted.
Petition dismissed. TRO lifted.
1
SEC. 16. General Welfare. — Every local government unit shall exercise the
powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific
and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their
inhabitants.

Laguna Lake Dev’t Authority vs. CA (1995)
Facts:
RA 4850 created LLDA for the purpose of
environmental protection and ecology, navigational
safety and sustainable development to accelerate the
dev’t and balanced growth of the Laguna Lake area
w/in the context of nat’l and regional plans and
policies for social and econ dev’t.
PD 813, EO 927 amended said RA which defined
and enlarged the functions and powers of LLDA and
named and enumerated the towns, cities and
provinces encompassed by the term “Laguna de Bay
Region.”
When LGC 1991 was passed, the municipalities in
the Laguna Lake Region interpreted Secs. 149(b)[1-
2] and 447 (XI) to mean that it gave them the
exclusive jurisdiction to issue fishing privileges w/in
their municipal waters.
Big fishpen operators took advantage thereby
aggravating the current environmental problems and
ecological stress of Laguna Lake.
LLDA served notice to the general public that all
fishpens and other aqua-culture structures not
unregistered or has not applied for registration with
the LLDA as illegal and be subject to demolition
without prejudice from being criminally charged.
Issue: WON the LLDA could exercise jurisdiction
over the Laguna Lake and its environs insofar as
the issuance of fishpen permits inspite of the
passage of RA 7160
Held: Yes, yes, show
Sec 4(k) of RA 4850, provisions of PD 813 and EO
927 Sec. 2 specifically provide that the LLDA shall
have exclusive jurisdiction to issue permits for the
use or all surface water for any projects or activities
in or affecting the said region, including navigation,
construction and operation of fishpens, fish
enclosures and the like. On the other hand, RA 7160
has granted to the municipalities the exclusive
authority to grant fishery privileges in municipal
waters. The Sangguniang Bayan (SB) may grant
fishery privileges to erect fish corrals, oyster, mussels
or aquatic beds or bangus fry area w/in a definite
zone of the municipal waters.
Thus, RA 7160 DID NOT REPEAL the
aforementioned laws and DOES NOT PREVAIL over
them because:
1) The repeal of laws must be clear and expressed;
2) LGC is a general law while LLDA Charter is a
special law. The enactment of a later legislation
w/c is a general law cant be construed to have
repealed a special law unless the intent to repeal
is manifest.
3) Where there is a conflict bet. a general law and a
special law, the latter prevails since it shows the
legislative intent more clearly than the latter.
Implied repeals are not favored. Considering the
reasons behind the establishment of the LLDA,
there is every indication that the legislative intent
is for LLDA to proceed with its mission. [ then
court says it agrees with LLDA’s manifestation ]
4) The power granted to the LGUs by the LGC was
clearly for revenue purposes, since it (Sec 149) is
embodied in Ch 2 Bk 2 under the heading
“Specific Provisions On the Taxing And Other
Revenue Raising Power of LGUs”. While te
power granted to the LLDA IS FOR THE
PURPOSE OF EFFECTIVELY REGULATING &
MONITORING activities in the Laguna Lake
Region and for lake quality control and
management. It does partake of the nature of
police power.
5) Removal of such power will render nugatory its
avowed purpose.
DGNotes:
Is CAB good law?
YES. But now based on the Fisheries Act which
expressly provides for the same ratio as CAB
LTO vs. City of Butuan (2000)
Facts:
Because of Art X Sec 5 of Const and Secs 129 and
133 of RA 7160, the Sangguniang Panglungsod (SP)
of Butuan passed an ordinance regulating the
operation of tricycles for hire w/c provided for the
payment of franchise fees for the grant of the
franchise of tricycles, for the registration of the
vehicle and permit to drive.
LTO explains that the LTFRB’s power over
franchising of the tricycles had been transferred but
not the LTO’s authority to register all motor vehicles
and to issue driver’s license.
Issue: WON LTO’s power to issue driver’s license
has been devolved to LGUs
Held: NO
The DOTC through the LTO and LTFRB has been
tasked with implementing laws pertaining to land
transpo.
In fine. registration and licensing functions are vested
with the LTO while the franchising and regulatory
responsibilities had been vested in the LTFRB. Under
the LGC (Sec 458[3] {VI}) , LGUs now have the
power to regulate the operation of tricycles for hire
and to grant franchises for its operation “To regulate”
means to fix, establish or control.
A “franchise” is a special privilege to do certain
things conferred by the government. In contrast, “to
register” means to record formally and exactly, to
enroll, or to enter precisely in a list or the like and a
“driver’s license” is the certificate w/c authorizes a
person to operate a motor vehicle.
The devolution of the functions of the LTFRB is
aimed at curbing the accidents in national highways
involving tricycles. Nevertheless, under Sec 458 (a)
[3-VI] of the LGC, the LGUs power to regulate the
operation of tricycles and to grant franchises for its
operation is subject to DOTC guidelines.
Clearly unaffected is the LTOs power under RA 4136
Sec 5 requiring the registration of all kinds of motor
vehicles “used or operated on or upon any public
highway” in the country. LTO is additionally charged
with being the central repository and custodian of all
records of all motor vehicles (Sec 4[d]{2}).
The reliance of City on the broad taxing powers of the
LGUs (Sec 133 LGC) is tangential. Police power and
taxation, along with eminent domain are inherent
powers of sovereignty which State might share with
LGUs by delegation under the law. But the similarity
ends there. The aim of police power is public good
and welfare while Taxation focuses on the power of
govt to raise revenue in order to support its
existence. Although correlative, the grant of one does
not mean the grant of the other. The power granted
under the LGC is the power to regulate their
operation and to grant franchises.
The exclusionary clause contained in the tax
provisions of the LGC must not be held to have had
the effect of withdrawing the express power of the
LTO to register all motor vehicles and to issue
driver’s licenses. These functions are essentially
regulatory in nature, exercised pursuant to police
power of the State.
Power to Generate Revenue – to be discussed as
part of PartII
Sec18: Power to Generate and Apply Resources.
— Local government units shall have the power
and authority to establish an organization that shall
be responsible for the efficient and effective
implementation of their development plans,
program objectives and priorities; to create their
own sources of revenues and to levy taxes, fees,
and charges which shall accrue exclusively for their
use and disposition and which shall be retained by
them; to have a just share in national taxes which
shall be automatically and directly released to them
without need of further action; to have an equitable
share in the proceeds from the utilization and
development of the national wealth and resources
within their respective territorial jurisdictions
including sharing the same with the inhabitants by
way of direct benefits; to acquire, develop, lease,
encumber, alienate, or otherwise dispose of real or
personal property held by them in their proprietary
capacity and to apply their resources and assets for
productive, developmental, or welfare purposes, in
the exercise or furtherance of their governmental or
proprietary powers and functions and thereby
ensure their development into self-reliant
communities and active participants in the
attainment of national goals.
any
Eminent Domain
Sec19: Eminent Domain. — A local government unit
may, through its chief executive and acting
pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose or
welfare for the benefit of the poor and the landless,
upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent
laws: Provided, however, That the power of
eminent domain may not be exercised unless a
valid and definite offer has been previously made to
the owner, and such offer was not accepted:
Provided, further, That the local government unit
may immediately take possession of the property
upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value
of the property based on the current tax declaration
of the property to be expropriated: Provided, finally,
That, the amount to be paid for the expropriated
property shall be determined by the proper court,
based on the fair market value at the time of the
taking of the property.
Rule67, 1997 Rules of Civil Procedure
EXPROPRIATION
Sec1: The complaint.
File: verified complaint which shall
* state with certainty the right and purpose of
expropriation,
* describe the real or personal property sought to
be expropriated
join as defendants all persons owning or claiming
to own, or occupying, any part thereof or interest
therein, showing, so far as practicable, their
separate interest.
Aver in complaint if:
 property is owned by the Republic but occupied by
private individuals, or
the title is otherwise obscure or doubtful so that the
plaintiff cannot with accuracy or certainty specify
who are the real owners.
Sec2: Entry of plaintiff upon depositing value
with authorized government depositary.
REQS:
complaint has already been filed.
due notice to the defendant
deposit with the authorized government depositary
an amount equivalent to the assessed value of the
property for purposes of taxation to be held by such
bank subject to the orders of the court.
deposit shall be in money, unless in lieu thereof the
court authorizes the deposit of a certificate of
deposit of a government bank of the Republic of
the Philippines.
If personal property is involved, its value shall be
provisionally ascertained and the amount to be
deposited shall be promptly fixed by the court.
After such deposit is made the court shall order the
sheriff or other proper officer to forthwith place the
plaintiff in possession of the property involved and
promptly submit a report thereof to the court with
service of copies to the parties.
Sec3: Defenses and objections.
Defendant has no objection or defense to the
action or the taking of his property: file and serve a
notice of appearance and a manifestation to that
effect, specifically designating or identifying the
property in which he claims to be interested, within
the time stated in the summons. Thereafter, he
shall be entitled to notice of all proceedings
affecting the same.
Defendant has any objection or defense to the filing
of complaint: serve his answer within the time
stated in the summons containing- specific
designation or identification of the property in which
he claims to have an interest, nature and extent of
the interest claimed, all his objections and defenses
to the taking of his property. No counterclaim,
cross-claim or third-party complaint shall be alleged
or allowed in the answer or any subsequent
pleading.
A defendant waives all defenses and objections not
so alleged but the court, in the interest of justice,
may permit amendments to the answer to be made
not later than ten (10) days from the filing thereof.
However, at the trial of the issue of just
compensation, whether or not a defendant has
previously appeared or answered, he may present
evidence as to the amount of the compensation to
be paid for his property, and he may share in the
distribution of the award.
Sec4: Order of expropriation.
If the objections to and the defenses against the
right of the plaintiff to expropriate the property are
overruled, or when no party appears to defend as
required by this Rule, the court may issue an order
of expropriation
payment of just compensation to be determined as
of the date of the taking of the property or the filing
of the complaint, whichever came first.
A final order sustaining the right to expropriate the
property may be appealed by any party aggrieved
thereby. Such appeal, however, shall not prevent
the court from determining the just compensation to
be paid.
Sec5: Ascertainment of compensation.
Upon the rendition of the order of expropriation, the
court shall appoint not more than three (3)
competent and disinterested persons as
commissioners to ascertain and report to the court
the just compensation for the property sought to be
taken
Copies of the order shall be served on the parties.
Objections to the appointment filed with the court
within ten (10) days from service, and shall be
resolved within thirty (30) days after all the
commissioners shall have received copies of the
objections.
Sec6: Proceedings by commissioners.
The commissioners shall assess the consequential
damages to the property not taken and deduct from
such consequential damages the consequential
benefits to be derived by the owner from the public
use or purpose of the property taken, the operation
of its franchise by the corporation or the carrying on
of the business of the corporation or person taking
the property. But in no case shall the consequential
benefits assessed exceed the consequential
damages assessed, or the owner be deprived of
the actual value of his property so taken.
Sec7: Report by commissioners and judgment
thereupon.
Except as otherwise expressly ordered by the
court, such report shall be filed within sixty (60)
days from the date the commissioners were notified
of their appointment, which time may be extended
in the discretion of the court
Parties have 10 days from receipt to appeal from
said report.
Sec8: Action upon commissioners’ report.
Upon the expiration of the period of appeal, or even
before the expiration of such period but after all the
 interested parties have filed their objections to the
report or their statement of agreement therewith,
the court may, after hearing, accept the report and
render judgment; or may recommit the same to the
commissioners for further report of facts; or it may
set aside the report and appoint new
commissioners; or it may accept the report in part
and reject it in part; and it may make such order or
render such judgment as shall secure the plaintiff’s
right of expropriation, and the defendant’s right to
just.
Sec9: Uncertain ownership; conflicting claims.
If there is uncertainty as to ownership of the
property, the court may order any sum or sums
awarded as compensation for the property to be
paid to the court for the benefit of the person
adjudged in the same proceeding to be entitled
thereto.
Sec10: Rights of plaintiff after judgment and
payment.
Upon payment by the plaintiff to the defendant of
the compensation fixed by the judgment, with legal
interest thereon from the taking of the possession
of the property, or after tender to him of the amount
so fixed and payment of the costs, the plaintiff shall
have the right to enter upon the property.
If the defendant and his counsel absent
themselves from the court, or decline to receive the
amount tendered, the same shall be ordered to be
deposited in court and such deposit shall have the
same effect as actual payment to the defendant.
Sec11: Entry not delayed by appeal; effect of
reversal.
The right of the plaintiff to enter upon the property
not delayed by an appeal from the judgment unless
appellate court determines the plaintiff to be without
the right to expropriate.
Sec12: Costs, by whom paid.
The fees of the commissioners shall be taxed as a
part of the costs of the proceedings. All costs,
except those of rival claimants litigating their
claims, shall be paid by the plaintiff, unless an
appeal is taken by the owner of the property and
the judgment is affirmed, in which event the costs
of the appeal shall be paid by the owner.
Sec13: Recording judgment, and its effect.
When real estate is expropriated, a certified copy of
such judgment shall be recorded in the registry of
deeds of the place in which the property is situated,
and its effect shall be to vest in the plaintiff the title
to the real estate so described for such public use
or purpose.
Barangay San Roque vs. Heirs of Pastor (2000)
Facts:
Petitioner filed before the MTC a Complaint to
expropriate a property of the respondents.
MTC dismissed on the ground of lack of jurisdiction
as eminent domain is an exercise of the power to
take private property for public use after payment of
just compensation. RTC has exclusive original
jurisdiction over the action as it is one incapable of
pecuniary estimation.
RTC also dismissed the Complaint holding that an
action for eminent domain affected title to real
property. Therefore, the value of the property would
determine whether the case should be filed before
the MTC or RTC. Cited retired Justice Feria’s
pronouncement.
Issue: Which court, MTC or RTC, has jurisdiction
over cases for eminent domain or expropriation
Held: RTC
Sec 19(1) BP 129 provides that RTCs shall exercise
exclusive original jurisdiction over all civil actions
incapable of pecuniary estimation.
In determining whether an action is one the subject
matter of which is incapable of pecuniary estimation,
the nature of the principal action or remedy
sought must be ascertained first.
 If it is primarily for the recovery of a sum
of money, the claim is considered capable of
pecuniary estimation.
 If the basic issue is something other than
the right to recover a sum of money, or
where the money claim is purely
incidental to, or a consequence of, the
principal relief sought such action is
deemed as having a subject matter incapable
of pecuniary estimation over which the RTC
have exclusive original jurisdiction.
In CAB, the primary consideration of the
expropriation suit is whether the govt. has complied
with the requisites for taking property. In the main, its
subject is the govt.’s exercise of eminent domain, a
matter which is incapable of pecuniary estimation.
The value of the property to be expropriated is indeed
estimated in monetary terms but this is merely
incidental to the expropriation suit. In fact, the
amount is determined only after the court is satisfied
with the propriety of the expropriation.
DGNotes
DIFFERENCE BETWEEN EXERCISE OF
EMINENT DOMAIN BY:
LGU National Govt.
15% of value of Assessed value of the
property required to be proerty required to be
deposited in order to deposited in order to
take immediate take immediate
possession possession
Formal offer required No formal offer required
An ordinance must be
enacted first by the
Sanggunian
Suguitan vs. City of Mandaluyong (2000)
Facts:
Sangguniang Panlungsod of Mandaluyong issued
Res. No. 396 authorizing Mayor Abalos to institute
expropriation proceedings over the property of
Saguitan for expansion of the Mandaluyong Medical
Center.
Petitioners contend- City may only exercise its
delegated power of eminent domain by means of an
ordinance as required by Sec. 19 LGC and not by a
mere resolution.
Respondents contend- it validly and legally exercised
its power of eminent domain. Pursuant to Art 36 Rule
VI of the IRR of the LGC, a resolution is sufficient for
the filing of the expropriation proceedings. An
ordinance is only required in order to appropriate
funds for the payment of the just compensation.
Issue: WON a resolution is sufficient to authorize the
filing of the expropriation complaint.
Held: NO
The exercise of the right of eminent domain is
necessarily in derogation of private rights, and the
rule in that case is that the authority is to be
construed strictly.
The power of eminent domain is essentially
legislative in nature. However, it may be validly
delegated to LGUs, other public entities and public
utilities, although the scope of this delegated power is
necessarily narrower and may only be exercised in
strict compliance with the terms of the delegating law.
The basis for the exercise of the power of eminent
domain by the LGUs is Sec 19 of the LGC and it is
clear that it requires an ordinance and not a
resolution.
Terms ordinance and resolution are not synonymous.
ORDINANCE RESOLUTION
a law merely a declaration of the
sentiment or opinion of a
law-making body on a
specific matter
Possesses a general Temporary in nature
and permanent
character
A 3rd reading is 3rd reading not necessary,
necessary unless decided otherwise
by a majority of all the
Sanggunian members.
Rule 67 ROC that an ordinance promulgated by the
local legislative body authorizing its local chief
executive to exercise the power of eminent domain is
necessary prior to the filing of the complaint with the
court, and not only after the court has determined the
amount of just compensation.
The reliance w Art 36(a) Rule VI IRR of LGC which
requires only a resolution to authorize and LGU to
exercise eminent domain-
Ra 7160 , the law itself, prevails over the rule which
merely seeks to implement it. The clear letter of the
law is controlling and cannot be amended by a mere
administrative rule issued for its implementation.
Discrepancy seems to indicate a mere oversight in
the wording of the IRR since Art 32 of the same Rule
also requires that the chief executive of the LGU
must act pursuant to an ordinance.
City of Cebu vs. CA (1996)
Facts:
 City of Cebu filed a complaint for eminent
domain against Cardeno with the RTC, seeking
to expropriate parcel of land she owns.
 The complaint was initiated pursuant to
Resolution No. 404 and Ordinance No. 1418 of
the Sangguniang Panlungsod of Cebu City,
authorizing the City Mayor to expropriate the said
parcel of land for the purpose of providing a
socialized housing project for the landless and
low-income city residents.
 Cardeno filed a MTD on the ground of lack of
cause of action. And failure to make a valid and
definite offer.
 City alleged compliance with said
requirement. It was only after Cerdeno
repeatedly refused their offer did they file the
expropriation case.
 RTC dismissed the complaint
 CA affirmed and held that an allegation of
repeated negotiations made with Cardeno cannot
be equated with the clear and specific
requirement that the city should have previously
made a valid and definite offer to purchase.
Issue: WON the complaint states a cause of action –
YES
 Though the allegations in the complaint are
ambiguous, indefinite or uncertain but,
nevertheless, a cause of action can, in any
manner, be made out therefrom, and the plaintiff
would be entitled to recover in any aspect of the
facts or any combination of the facts alleged, if
they were to be proved, then the MTD should be
denied.
 The same liberality should be applied in the
CAB where an examination of the city’s
“Comment and Opposition” to the MTD leaves no
room for doubt that the city had indeed made “a
valid and definite order” to Cardeno as required
by law.
 The general rule is that a MTD hypothetically
admits the truth of the facts alleged in the
complaint. Thus, Ordinance No. 1418 is not only
incorporated into the complaint for eminent
domain filed by the city, but is also deemed
admitted by Cardeno.
 A perusal of the ordinance shows that the
fact of the city’s having made a previous valid
and definite offer to Cardeno is categorically
stated in its 2nd whereas clause: “WHEREAS, the
city government has made a valid and definite
offer to purchase subject lots for the public use
aforementioned but the registered owner Mrs.
Merlita Cardeno has rejected such offer.”
 NEVERTHELESS, the dismissal of the
complaint did not bar the petitioner city from
filing another eminent domain case and from
correcting its alleged error by the mere
expedient of changing para VII.
City of Cebu vs. Apolonio (2002)
Facts:
 City of Cebu filed a complaint for eminent
domain against the Dedamo spouses
 The Dedamos filed a MTD (purpose for
expropriation not for public purpose, City can just
buy their lot, price offered was too low, they have
no other land in Cebu).
 The parties then submitted to the court an
agreement wherein they declared that they have
partially settled the case.
 Trial court appointed 3 commissioners to
determine the just compensation of the lots.
o The commissioners submitted their
report on the basis of which TC rendered its
decision.
City interposed objections to assessment by the
commissioners.
When must just compensation be determined? Time
of actual taking or filing of complaint?
 The applicable law as to the point of
reckoning for the determination of just
compensation is Sec. 19, LGC, which expressly
provides that just compensation shall be
determined as of the time of actual taking.
 The city has misread the ruling in Napocor v.
CA. It was not categorically ruled in that case
that just compensation should be determined as
of the filing of the complaint. It was there stated
that although the general rule in determining
just compensation in eminent domain is the
value of the property as of the date of the
filing of the complaint, the rule admits of an
exception: where the SC fixed the value of the
property as of the date it was taken and not at
the date of the commencement of the
expropriation proceedings. (Case didn’t explain
why this is an exception)
 While Sec. 4, Rule 67 provides that just
compensation shall be determined at the time of
the filing of the complaint for expropriation, such
law cannot prevail over the LGC, which is a
substantive law.
WON the city is bound by the compensation fixed by
the commissioners – YES
 More than anything else, the parties, by a
solemn document freely and voluntarily
agreed upon by them, agreed to be bound by
the report of the commission and approved
by the trial court. The agreement is a contract
between the parties. It has the force of law
between them and should be complied with in
good faith.
 Furthermore, during the hearing, the city did
not interpose a serious objection. It is therefore
too late for the city to question the valuation now
without violating the principle of equitable
estoppel.
Province of Camarines Sur vs. CA (1993)
Facts:
The Sangguniang Panlalawigan passed resolution
No. 129, authorizing the Provincial Governor to
purchase or expropriate property contiguous to the
provincial capital site, in order to establish a pilot farm
and a housing project for provincial government
employees
Governor Villafuerte filed two separate cases for
expropriation against Ernesto & Efren San Joaquin.
The San Joaquins moved to dismiss the complaints
on the ground of inadequacy of the price offered for
their property. The TC denied the motion

Solicitor General: under Section 9 of the LGC, there
was no need for the approval by the Office of the
president of the exercise by the Sangguniang
Panlalawigan of the right of eminent domain
 but Province must first secure the approval of the
DAR of the plan to expropriate the lands of
petitioners for use as a housing project (Section
65 of RA 6657: Comprehensive Agrarian Reform
Law requires the approval of the DAR before a
parcel of land can be reclassified from an
agricultural t a non-agricultural land
Issue1: WON the expropriation is for a public
purpose or public use
Held: YES
1. New concept of public use: means public
advantage, convenience or benefit, which tends to
contribute to the general welfare and the prosperity of
the whole community, like a resort complex for
tourists or housing projects
 old concept: condemned property must actually
be used by the general public (roads, bridges,
public plazas) before the taking thereof could
satisfy the constitutional requirement of public
use
2. establishment of pilot development center would
inure to the direct benefit and advantage of the
people of the province
Issue: Whether the expropriation of agricultural lands
by LGUs is subject to the prior approval of the
Secretary of Agrarian Reform, as the implementor of
the agrarian reform program.
Held: NO
1. section 9 of BP 337 does not intimate in the least
that LGUs must first secure the approval of the
Department of Land reform for the conversion of
lands before they can institute the necessary
expropriation proceedings.
2. No provision in CARL which subjects the
expropriation of agricultural lands by LGUs to the
control of the DAR.
3. rules on conversion of agricultural lands found in
Section 4 (k) and 5 (1) of Executive Order No. 129-A,
Series of 1987 cannot be the source of the authority
of the DAR to determine the suitability of a parcel of
agricultural land for the purpose to which it would be
devoted by the expropriating authority. Said rules
merely vest on the DAR the exclusive authority to
approve or disapprove conversions of agricultural
lands for residential, commercial or industrial uses,
such authority is limited to the applications for
reclassification submitted by the land owners or
tenant beneficiaries.
5. Ordinarily, it is the legislative branch of the local
government unit that shall determine whether the use
of the property sought to be expropriated shall be
public, the same being an expression of legislative
policy.
 courts defer to such legislative determination and
will intervene only when a particular undertaking
has no real or substantial relation to the public
use
6. fears of private respondents that they will be paid
on the basis of the valuation declared in the tax
declarations of their property, are unfounded.
 This Court has declared as unconstitutional the
Presidential Decrees fixing the just compensation
in expropriation cases to be the value given to
the condemned property either by the owners or
the assessor, whichever was lower
 Municipality of Talisay v. Ramirez: the rules for
determining just compensation are those laid
down in Rule 67 of the Rules of Court, which
allow private respondents to submit evidence on
what they consider shall be the just
compensation for their property.
Heirs of Ardona vs. Reyes (1983)
Facts:
* The Philippine Tourism Authority wishes to
expropriate 282 h. of land for development into
integrated complexes of areas with potential tourist
value.
* The defendant filed a motion to dismiss on grounds
of Public Use. They contend that the land is already
for land reform and that it should seek the approval of
the Court of Agrarian Relations.
* CFI granted writs of possession.
* Petitioners brought instant petition before SC to
enjoin execution.
Issue1: WON there is non-compliance with the
“public use” requirement under the eminent domain
provision of the Bill of Rights
Held1: NO. the state’s power of eminent domain
extends to the expropriation of land for tourism
purposes although this specific objective is not
expressed in the Constitution
 The policy objective of the framers can be
expressed only in general terms such as social
justice, local autonomy, conservation and
development of the national patrimony, public
interest, and general welfare among others.
To include specific programs like tourism as
express constitutional provisions would make the
 Constitution more prolix than a bulk code and
would require the framers to be impossibly
prescient. The particular mention in the
Constitution of agrarian reform, among others,
merely underscores the magnitude of the problems
sought to be remedied by these programs. They do
not preclude nor limit the exercise of the power of
eminent domain for such purposes like tourism and
other development programs.
 The concept of public use is not limited to
traditional purposes. The idea that “public use is
strictly limited to clear cases of “use by the public”
has been discarded.
Issue2: WON there is disregard of the land reform
nature of the property being expropriated
Held2: NO
1. land being developed into a tourism complex
consists of more than 808 hectares, almost all of
which is not affected by the land reform program
2. the portion being expropriated consists of hilly
and unproductive land where even subsistence
farming of crops other than rice and corn can
hardly survive
3. Only 8,970 square meters of 283 hectares
affected is part of the operation land transfer
4. this 8,970 square meters is not even within the
sports complex proper but form parts of the 32
hectares resettlement area
5. of the 40 defendants, only 2 have emancipation
patents for the less than one hectare of land
affected
Under the facts of this petition, there is no need
to rule on whether one public purpose is superior
or inferior to another purpose or engage in a
balancing of competing public interests.
Petitioners have failed to overcome the showing
that the taking of the 8,970 square meters
covered by the Operation Land Transfer forms a
necessary part of an inseparable transaction
involving the development of the 808 hectares
tourism complex.
Issue3: WON there is impairment of obligations of
contracts
Held3: Invocation of the contracts clause has no
merit
 The non-impairment clause has never been a
barrier to the exercise of police power and likewise
eminent domain. Parties by entering into contracts
may not estop the legislature from
DGNotes:
SC held that the power of eminent domain of LGUs is
more superior than land reform-
SIR: Duh? Land reform is constitutionally mandated.
Tourism, creation of parks, etc are not.
Filstream International Inc. vs. CA (1998)
Facts:
I. Ejectment
Filstream is the owner of parcels of land in Tondo. It
instituted ejectment proceedings against the
occupants of the land and was able to obtain a
judgment from the MTC ordering the occupants to
vacate the premises & to pay back rentals. RTC & CA
affirmed. Ejectment order was never effected.
Later, the city wanted to expropriate the land by virtue
of an ordinance which was questioned by petitioner
since there is already a judgment in their favor and
also, the price offered was too low, the ordinance was
without hearing and there is no certification of
municipal funds available. Contentions were denied.
Filstream wanted to demolish the place but the
occupants were able to secure an injunction.
The case was reshuffled and the order of demolition
was granted. CA issued an injunction again.
Filstream filed a petition questioning the injunction.
SC HELD:
Procedural – Did the court put too much weight
on procedure?
Yes. What it should have done was to allow a clearer
copy of the petition to be submitted and not dismiss
the case outright.. This amounted to a deprivation of
property without due process as this was an
expropriation proceeding.
Substantive
Filstream claims: ownership & existence of a final &
executory judgment against the occupants vs.
Occupants claim: supervening event (expropriation
proceedings) rendering the enforcement of
Filstream’s rights moot
1) Manila has an undeniable right to exercise its
power of eminent domain w/in its jurisdxn (§19 LGC).
It has the power to expropriate private property in
pursuit of its urban land reform & housing program
(§§3,100 of RA 409 - Revised Charter of the City of
Manila)
In Phil. Columbian Association v Panis, the SC has
upheld the City of Manila’s right to exercise these
prerogatives notwithstanding the existence of a final
& executory judgment over the property to be
expropriated.
2) Nevertheless, LGUs are not given unbridled
authority when exercising their power of eminent
domain  subject to:
a. basic rules in the Consti: due process (Art 3
§1), equal protection (Art 3 §1), just
compensation (Art 3 §9)
b. §19 of LGC “An LGU may…exercise the
power of eminent domain…pursuant to the
provisions of the Constitution & pertinent
laws”. ↓
3) The governing law that deals with the subject of
expropriation for purposes of urban land reform &
housing is RA 7279 (Urban Development & Housing
Act of 1992), §92 and §103 of which set out the
limitations with respect to the order of priority in
acquiring private lands & in resorting to expropriation
proceedings as a means to acquire the same.
HERE  There is no showing that the City of Manila
complied with §§9,10. Filstream’s properties were
expropriated without any showing that resort to other
modes of acquiring lands listed in §9 have proved
futile.
The State has a paramount interest in exercising its
power of eminent domain for the general good…
however…individual rights affected by the exercise of
such right are also entitled to protection….vigilance
over compliance with due process requirements is in
order.
Petitions granted. CA resolutions reversed & set
aside.
City of Manila vs. Serrano (2001)
Facts:
 City Council of Manila enacted Ordinance No.
7833, authorizing the expropriation of certain
properties in Manila's First District in Tondo  to
be sold and distributed pursuant to Land Use
Development Program of the City of Manila
 City filed an amended complaint for expropriation
against present owners of lot  the Serranos,
children of Demetria.
 CA held that Lot 1-C is not exempt from
expropriation as it exceeds 300 square meters.
However, citing Filstream, the other modes of
acquisition of land enumerated in Sections 9 and
10were not shown to have been resorted to by
the city
I.
Petitioner contends that the CA erroneously
presumed that Lot 1C has been ordered condemned
2
Sec. 9. Priorities in the Acquisition of Land. — Lands for socialized housing
shall be acquired in the following order :
(a) Those owned by the Government or any of its subdivisions, instrumentalities,
or agencies, including government-owned or -controlled corporations and their
subsidiaries;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which
have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have
not yet been acquired; and
(f) Privately-owned lands [last in the order of priority]
3 (Kapitbisig) adopted Resolution No. 516 -S96
Sec. 10. Modes of Land Acquisition. — The modes of acquiring lands for
purposes of this Act shall include, among others, community mortgage, land
swapping, land assembly or consolidation, land banking, donation to the
Government, joint-venture agreement, negotiated purchase, and expropriation:
Provided, however, That expropriation shall be resorted to only when other models
of acquisition have been exhausted…
in its favor when the fact is that the order of the trial
court merely authorized the issuance of the writ of
possession and petitioner's entry pursuant to Rule
67. At that stage, it was premature whether the
requirements of section 9 and 10 have been
complied with since no evidentiary hearing had yet
been conducted by the trial court.
SC: Contention well taken (YEEEEY!!!)
Citing Rule 67 section 2, SC ruled that a writ of
execution may be issued by a court upon a filing by
the government of a complaint for expropriation
sufficient in form and substance and upon deposit
made by the government of the amount equivalent to
the assessed value of the property. Upon
compliance, the issuance of the writ becomes
ministerial.
CA erroneously applied Filstream ruling. In that
case, such ruling was necessitated because an order
of condemnation has already been issued by the trial
court. Hence, the judgment of the TC in Filstream
case was already final. In CAB, the TC has not yet
gone beyond the issuance of the writ of possession.
Hearing is s till to be held to determine WON
petitioner complied with the requirements provided in
RA 7279.
HENCE, CA ruling REVERSED, TC order
REINSTATED, case REMANDED to the trial court for
further proceedings.
DGNotes:
Its not that Filstream does not apply, its just that its
application was premature. WON Secs. 9 & 10 were
complied with still has to be determined.
City of Mandaluyong vs. Aguilar (2001)
Facts:
 Subject of expropriation: 3 adjoining parcels of
land leased out to tenants by Aguilars
 1983: lots were classified by Resolution No 125
of the Board of the Housing and Urban
Development Coordinating Council as an area for
priority development for urban land reform,
pursuant to Proclamation Nos 1967 and 2284 of
then President Marcos.
 Tenants offered to purchase the land but
respondents refused
 1996: Sangguniang Panlungsod of Mandaluyong,
upon petition of an association of tenants
authorizing Mayor Abalos to initiate action for
expropriation and construction of medium-rise
condominium
 Mayor Abalos sent a letter to Aguilars offering to
purchase, Aguilars did not answer.
 August 1997, petitioner City of Mandaluyong
filed with the RTC of Pasig a complaint for
expropriation
 Trial court dismissed the complaint:
 City moved for Recon, denied.
ISSUE: WON the trial court erred in upholding
respondents' contention that they qualify as small
property owners and are thus exempt from
expropriation.
Main Argument of Petitioner: The size of the lots in
litigation does not exempt the same from
expropriation in view of the fact that the said lots
have been declared to be within the Area for Priority
Development (APD) of Mandaluyong by virtue of
Proclamation No 1967 as amended by Proc No. 2284
in relation to PD 15 17 (Urban Land Reform Act.
These authorize Mandaluyong to expropriate the
property ipso facto, regardless of area of land.
SC: No, trial court did not err. Petition Denied
 under section 9 of the UDHA (see law) , the lots
in litigation are privately owned and therefore
last in the order of priority acquisition. However,
the lots are also declared APD which is 4 th in the
order of priority.
 Now, section 9 (which speaks of priorities in
acquisition) should be read in connection with
section 10 (see law) which provides for the
modes of land acquisition. The acquisition of the
lands must be made subjects to the modes and
conditions set forth in section 10.
1. Petitioner claims that it had faithfully observed
the modes of land acquisition
SC: City, however, failed to state with particularity
that it exhausted the other modes of acquisition. City
alleged only one mode of acquisition: negotiated
purchase.
2. City claims the exercise of the power of eminent
domain is not anymore conditioned on the size of
the land.
SC: the UDHA introduced a limitation on the size of
land sought to be expropriated for socialized housing.
It exempted "small property owners" as defined in the
law (see law again for definition, Section 3(q) )
3. SC then talks to itself out loud… question now is
whether respondents qualify as small property
owners? And SC held, yes they are! (oooohh…)
Two elements of "small property owner" definition:
1) Those owners of real property consists of
residential lands with an area of not more than
300 sq meters in highly urbanized cities (800 in
other urban cities)
2) That they do not own real property other than the
same.
Both these elements are possessed by respondents!
(aaaaahh…)
SC's Discussion on the first element:
a. It should be noted that the property in question
where originally 2 residential lots. Respondents
acquired properties from their parents through
intestate succession. In 1986, they agreed to an
extrajudicial partition. This was only effected in
1998. Coming from this background, petitioner
contends that respondents partitioned the
property in bad faith, being made 6 months after
the complaint for expropriation was filed.
SC held: No, partition was done in good faith. When
the siblings inherited the properties, they are
considered as co-owners. The right of the co-owners
to have the property partitioned cannot be
questioned, as "no co-owner shall be obliged to
remain in the co-ownership" (Art 494, Civil Code).
The partition was a necessary incident of the co-
ownership. Absent any evidence to the contrary,
partition is presumed to have been done in good
faith.
b. Upon partition, siblings received the following:
- Francisco, Thelma, Rodolfo and Antonio: each
with 300 square meters
- Virginia: 89
- Eusebio: 347
SC: ops! Eusebio's share exceeds 300 sq meters!
However, Eusebio died in 1995 survived by 5
children. When there are several co-owners and
some of them die, the heirs of those who die, with
respect to that part belonging to the deceased,
become also co-owners also of that property. So
347 / 5 = 69.4 sq meters.
SC's discussion on the second element:
Antonio Aguilar himself testified that that he and other
co-owners of the property do not reside in the lots in
question but in their ancestral home in Paco, Manila.
Nonetheless, records do not show that the ancestral
home and the land on which it stands are owned by
respondents. City of Mandaluyong did not present
any title or proof of this fact.
Hence, Petition denied.
Bardillon vs. Masili (2003)
Facts:
Brgy. Masili in Calamba, Laguna filed 2 complaints
for eminent domain for the purpose of expropriating a
parcel of land within Brgyy Masili, owned by Bardillon
for the purpose of providing Bargy. Masili a multi-
purpose hall for the use and benefit of its
constituents.
First complaint was filed at MTC after the failure of
Brgy. Masili to reach an agreement with Bardillon on
the purchase offer of P200,000. – DISMISSED
Second complaint for eminent domain was filed at
RTC seeking the expropriation of the said lot for the
same purpose.
Bardillon opposed by Motion to Dismiss, alleging that
it violated Section 19(f) of Rule 16 in that cause of
action is barred by prior judgment, pursuant to the
doctrine of res judicata.
RTC: Denied MTD. Held that MTC which ordered the
dismissal of 1st complaint has no jurisdiction over the
said expropriation proceeding. Issued Order in favor
of Brgy. Masili.
CA: RTC did not commit grave abuse of discretion in
issuing the assailed Orders. 2nd Complaint was not
barred by res judicata since MTC had no jurisdiction
over the action.
1. WON the MTC had jurisdiction over the
expropriation case
Held: An expropriation suit does not involve the
recovery of a sum of money. Rather, it deals with the
exercise by the government of its authority and right
to take property for public use As such, it is incapable
of pecuniary estimation and should be filed with the
regional trial courts.
The primary consideration in an expropriation suit is
whether the government or any of its instrumentalities
has complied with the requisites for the taking of
private property. Hence, the courts determine the
authority of the government entity, the necessity of
the expropriation, and the observance of due
process.
The value of the property to be expropriated is
estimated in monetary terms and the court is duty-
bound to determine the just compensation for it.
This, however, is merely incidental to the
expropriation suit. Indeed, that amount is determined
only after the court is satisfied with the propriety of
the expropriation.
An expropriation suit is within the jurisdiction of the RTC
regardless of the value of the land, because the subject
of the action is the government’s exercise of eminent
domain -- a matter that is incapable of pecuniary
estimation.
2. whether the dismissal of that case before the MTC
constituted res judicata
Held: Res judicata literally means a matter adjudged,
judicially acted upon or decided, or settled by
judgment. It provides that a final judgment on the
merits rendered by a court of competent jurisdiction is
conclusive as to the rights of the parties and their
privies; and constitutes an absolute bar to
subsequent actions involving the same claim,
demand or cause of action.
Requisites of res judicata:
the former judgment must be final;
the court that rendered it had jurisdiction over the
subject matter and the parties;
it is a judgment on the merits; and
there is -- between the first and the second actions --
an identity of parties, subject matter and cause of
action.
Since the MTC had no jurisdiction over expropriation
proceedings, the doctrine of res judicata finds no
application even if the Order of dismissal may have
been an adjudication on the merits.
3. Whether the CA erred when it ignored the issue of
entry upon the premises
Held: The requirements for the issuance of a writ of
possession in an expropriation case are expressly
and specifically governed by Section 2 of Rule 67 of
the 1997 Rules of Civil Procedure.
On the part of LGU’s, expropriation is also governed
by Sec 19 of the LGCode.
In expropriation proceedings, the requisites for
authorizing immediate entry are as follows:
the filing of a complaint for expropriation sufficient in
form and substance; and
the deposit of the amount equivalent to 15 percent of
the fair market value of the property to be
expropriated based on its current tax declaration.
In CAB, the issuance of the Writ of Possession in
favor of Brgy. Masili was proper because it had
complied with the foregoing requisites.
The issue of the necessity of the expropriation is a
matter properly addressed to the RTC in the course
of the expropriation proceedings. If petitioner objects
to the necessity of the takeover of her property, she
should say so in her Answer to the Complaint. The
RTC has the power to inquire into the legality of the
exercise of the right of eminent domain and to
determine whether there is a genuine necessity for it.
Petition denied.
Reclassification of Lands
--- through an ordinance
--- conversion to—residential, commercial, or
industrial purposes
Sec20, LGC: Reclassification of Lands. —
(a) A city or municipality may, through an ordinance
passed by the sanggunian after conducting public
hearings for the purpose, authorize the
reclassification of agricultural lands and provide for
the manner of their utilization or disposition in the
following cases:
(1) when the land ceases to be economically
feasible and sound for agricultural purposes as
determined by the Department of Agriculture or (2)
where the land shall have substantially greater
economic value for residential, commercial, or
industrial purposes, as determined by the
sanggunian concerned: Provided, That such
reclassification shall be limited to the following
percentage of the total agricultural land area at the
time of the passage of the ordinance:
(1) For highly urbanized and independent
component cities, fifteen percent (15%);
(2) For component cities and first to the third
class municipalities, ten percent (10%); and
(3) For fourth to sixth class municipalities, five
percent (5%): Provided, further, That agricultural
lands distributed to agrarian reform beneficiaries
pursuant to Republic Act Numbered Sixty-six
hundred fifty-seven (R.A. No. 6657). otherwise
known as "The Comprehensive Agrarian Reform
Law", shall not be affected by the said
reclassification and the conversion of such lands
into other purposes shall be governed by Section
65 of said Act.
(b) The President may, when public interest so
requires and upon recommendation of the National
Economic and Development Authority, authorize a
city or municipality to reclassify lands in excess of the
limits set in the next preceding paragraph.
(c) The local government units shall, in conformity
with existing laws, continue to prepare their
respective comprehensive land use plans enacted
through zoning ordinances which shall be the primary
and dominant bases for the future use of land
resources: Provided. That the requirements for food
production, human settlements, and industrial
expansion shall be taken into consideration in the
preparation of such plans.
(d) Where approval by a national agency is required
for reclassification, such approval shall not be
unreasonably withheld. Failure to act on a proper and
complete application for reclassification within three
(3) months from receipt of the same shall be deemed
as approval thereof.
(e) Nothing in this Section shall be construed as
repealing, amending, or modifying in any manner the
provisions of R.A. No. 6657.
Administrative Order No.363 (Oct9, 1997) -
Prescribing Guidelines For The Protection Of
Areas Non-Negotiable For Conversion And
Monitoring Compliance With Section 20 Of The
Local Government Code
Sec1. Declaration of Principles and Governing
Policies
A. General Principles
xxx
B. Governing Policies
1.The following areas shall not be subject to or non-
negotiable for conversion:
a.Protected areas designated under the National
Integrated Protected Areas (NIPAS), including
watershed and recharge areas of aquifers, as
determined by the Department of Environment
and Natural Resources (DENR), pursuant to RA
7586 (1992);
b.All irrigated lands, as delineated by the
Department of Agriculture (DA) and/or the
National Irrigation Administration (NIA) and
approved by the President, where water is
available to support rice and other crop
production, and all irrigated lands where water is
not available for rice and other crop production
but are within areas programmed for irrigation
facility rehabilitation by the DA and the NIA,
pursuant to Presidential Administrative Order 20
(1992); and
c. All irrigable lands already covered by irrigation
projects with firm funding commitments, as
delineated by the DA and/or NIA and approved by
the President.
For this purpose, the Network of Protected Areas
for Agriculture (as of 1991), as determined by the
DA and/or NIA shall serve as guide in determining
non-negotiable areas. The Network may only be
revised upon the approval of the President, upon
favorable recommendation by the Cabinet Cluster
on Agro-Industrial Development.
In all cases, applications for conversion involving
lands protected from and non-negotiable for
conversion shall not be given due course by the
DAR.
2.The following areas shall be highly restricted from
conversion:
a.Lands classified as 'Highly Restricted from
Conversion' in the Network of Protected Areas for
Agriculture as delineated by the DA, as follows:
a.1 Irrigable lands not covered by irrigation
projects with firm funding commitments;
a.2 Agro-industrial croplands, or lands presently
planted to industrial crops that support the
economic viability of existing agricultural
infrastructure and agro-based enterprises; and
a.3 Highlands, or areas located in elevations of
500 meters or above and have the potential for
growing semi-temperate and usually high value
crops.

b.Lands issued a Notice of Acquisition/Valuation
under the agrarian reform program or subject of a
perfected agreement between the landowner and
the beneficiaries under Voluntary Land Transfer
(VLT) or Direct Payment Scheme (DPS) under
CARP, as determined by the DAR; and
c. Areas identified as environmentally critical as
determined by the DENR, pursuant to PD 1586
(1978) and its implementing rules and
regulations;
Lands classified as highly restricted from
conversion may be converted only upon
compliance with existing laws, rules and
regulations. An additional requirement of the social
benefit cost analysis approved by the DA shall also
be required before these lands may be approved
for conversion.
Applications for conversion covering areas under 2
(c) above shall be subject to the Environmental
Impact Assessment (EIA) and/or Environmental
Compliance Certificate (ECC) of the DENR.
3.Conversion of priority areas under Executive Order
124 (1993), as identified below, falling within the
areas highly restricted from conversion may be
allowed and the social benefit cost analysis for
these areas may be waived; PROVIDED that the
requirement of an EIC or ECC shall always be
required; PROVIDED FURTHER that in no case
shall conversion be allowed if these sites fall under
those classified as non-negotiable areas:
a.specific sites in regional agri-industrial
centers/regional industrial centers (RAICs/RICs)
identified by the Department of Trade and
Industry (DTI) and the Department of Agriculture
(DA), attached as Annex A;
b.tourism development areas (TDAs) identified by
the Department of Tourism (DOT), attached as
Annex B; and
c. sites identified by the local government units
(LGUs) for socialized housing.
4.In all cases, farmers or prospective beneficiaries of
the agrarian reform program affected by the
conversion shall be paid sufficient disturbance
compensation. In addition, the owners and or
developers of the land shall be encouraged to
provide capital which will enable the affected
farmers and other legitimate stakeholders to shift to
another livelihood, skills training, relocation sites,
and priority in employment for them and their
children. Investment arrangements which give
affected farmers and other legitimate stakeholders
a stake in the development of the land, such as, but
not limited to, joint ventures and partnerships, shall
also be encouraged.
5.No application for reclassification by LGUs shall be
given due course by HLURB without the approved
Comprehensive Land Use Plan approved by the
HLURB for provinces, highly urbanized cities,
independent component cities and the cities and
municipalities of Metropolitan Manila, or the
Sangguniang Panlalawigan for component cities
and municipalities, after 1 January 1989. The
following requirements or certifications from various
agencies shall also be required:
a.Certification from the local HLURB specifying the
total area of zoned agricultural lands in the local
government concerned based on the approved
Comprehensive Land Use Plan or Zoning
Ordinance prior to the application for conversion;
b.Certification from the NIA that the area to be
reclassified is not covered under Presidential
A.O. 20, s. 1992;
c. Certification from the DAR indicating that such
lands are not distributed or covered by a Notice
of Valuation under CARP; and
d.Certification from DENR that the area applied for
reclassification has been classified as alienable
and disposable, and is not needed for forestry
purposes in case the area applied for falls within
public lands.
6.No application for conversion shall be given due
course by DAR without the following certifications
from various agencies:
a.Certification of the Viability or Non Viability of
Agricultural Land from the DA and that the land is
not part of the area identified as non-negotiable
for conversion or a certification as to whether the
land is classified as highly restricted from
conversion or not;
b.Certification that the land does not fall under the
NIPAS area or is not classified as
environmentally critical from the DENR. For
applications for conversion involving
environmentally critical areas, the DAR may
issue an Order of Conversion, subject to the
issuance of an ECC by the DENR.
The DENR, in coordination with the DAR, shall
institute an Environmental Guarantee Fund to
ensure environment protection and to provide
government the financial capability to handle
negative impacts of the conversion;
c. Certification from the NIA stating that the area is
not covered under Presidential A.O. 20, S. 1992;
and
d.Certification from the HLURB that the land has
been reclassified and that said reclassification is
within or outside the maximum allowable limits
set by law.
7.In all cases, the decision of the DAR Secretary
shall be appealable to the Office of the President.
The President may allow the conversion of areas
considered non-negotiable for conversion only
 upon the favorable recommendation of the Cabinet
Cluster on Agro-Industrial Development;
PROVIDED that where lands affected are irrigated,
the owner/developer shall be required to replace
the areas affected by an equal area of irrigated
lands, whether within or outside the area/locality
being applied for conversion; and PROVIDED
FURTHER that such conversion shall not adversely
affect the irrigation system.
Sec2: Definition of Terms. — xxx
Sec3: Monitoring Compliance with Sec. 20 of RA
7160. xxx
Sec4: Penalties and Sanctions. — xxx
Sec5: Transitory Provisions. — xxx
(deleted this na kasi 1997 pa date of effectivity nito.
If you guys want to check this out for intellectual
growth (o para sa medal, di ba mike?) see our daily
digests. 
DGNotes:
CONVERSION CLASSIFICATION
Change in actual use of Classifying land in paper
land
Done with approval of Done by Sanggunian
DAR
Classification of Sanggunian
 Validity depends on compliance with
requisites in Sec 20
 LGC however, does not provide how often
this can be done (sir thinks this can be used
to create loopholes with respect to the
requirements of the law)
 Conversion is an additional safeguard for
power to reclassify.
Sec 20 LGC – Sanggunian may classify lands into
1. residential
2. commercial
3. industria
RA 8435 (1997) - An Act Prescribing Urgent
Related Measures To Modernize The Agriculture
And Fisheries Sectors Of The Country In Order To
Enhance Their Profitability, And Prepare Said
Sectors For The Challenges Of Globalization
Through An Adequate, Focused And Rational
Delivery Of Necessary Support Services,
Appropriating Funds Therefor And For Other
Purposes
Sec9: Delineation of Strategic Agriculture and
Fisheries Development Zones. — The
Department, in consultation with the Department of
Agrarian Reform, the Department of Trade and
Industry, the Department of Environment and
Natural Resources, Department of Science and
Technology, the concerned LGUs, the organized
farmers and fisherfolk groups, the private sector
and communities shall, without prejudice to the
development of identified economic zones and free
ports, establish and delineate, based on sound
resource accounting, the SAFDZ within one (1)
year from the effectivity of this Act.
All irrigated lands, irrigable lands already covered
by irrigation projects with firm funding
commitments, and lands with existing or having the
potential for growing high-value crops so delineated
and included within the SAFDZ shall not be
converted for a period of five (5) years from the
effectivity of this Act: Provided, however, That not
more than five percent (5%) of the said lands
located within the SAFDZ may be converted upon
compliance with existing laws, rules, regulations,
executive orders and issuances, and administrative
orders relating to land use conversion: Provided,
further, That thereafter: 1) a review of the SAFDZ,
specifically on the productivity of the areas,
improvement of the quality of life of farmers and
fisherfolk, and efficiency and effectiveness of the
support services shall be conducted by the
Department and the Department of Agrarian
Reform, in coordination with the Congressional
Oversight Committee on Agricultural and Fisheries
Modernization; 2) conversion may be allowed; if at
all, on a case-to-case basis subject to existing
laws, rules, regulations, executive orders and
issuances, and administrative orders governing
land use conversion; and, 3) in case of conversion,
the land owner will pay the Department the amount
equivalent to the government's investment cost
including inflation.
Sec11: Penalty for Agricultural Inactivity and
Premature Conversion. — Any person or juridical
entity who knowingly or deliberately causes any
irrigated agricultural lands seven (7) hectares or
larger, whether contiguous or not, within the
protected areas for agricultural development, as
specified under Section 6 in relation to Section 9 of
this Act, to lie idle and unproductive for a period
exceeding one (1) year, unless due to force
majeure, shall be subject to an idle land tax of
Three Thousand Pesos (P3,000.00) per hectare
per year. In addition, the violator shall be required
to put back such lands to productive agricultural
use. Should the continued agricultural inactivity,
unless due to force majeure, exceed a period of
two (2) years, the land shall be subject to escheat
proceedings.
Any person found guilty of premature or illegal
conversion shall be penalized with imprisonment of
two (2) to six (6) years, or a fine equivalent to one
 hundred percent (100%) of the government's
investment cost, or both, at the discretion of the
court, and an accessory penalty of forfeiture of the
land and any improvement thereon.
In addition, the DAR may impose the following
penalties, after determining, in an administrative
proceedings, that violation of this law has been
committed:
a)Cancellation or withdrawal of the authorization for
land use conversion; and
b)Blacklisting, or automatic disapproval of pending
and subsequent conversion applications that they
may file with the DAR.
Department of Agrarian Reform Administrative
Order No.1 (1999) - III (f) and (k), 10 NAR 398
ARTICLE III Conversion Procedures
Sec8: Criteria for Conversion. — The following
criteria shall guide the resolution of applications for
conversion:
(a) Conversion may be allowed if the land subject of
application is not among those considered non-
negotiable for conversion as provided in Section 4
of these Rules;
(b) Conversion may be allowed, in accordance with
Section 65 of RA 6657, when the land has ceased
to be economically feasible and sound for
agricultural purposes; or the locality has become
urbanized and the land will have greater economic
value for residential, commercial, industrial or other
non-agricultural purposes;
(c) Conversion of lands within SAFDZs, as provided
in Rule 9.5.2 of DA Administrative Order No. 6,
series of 1998, shall take into account the following
factors:
(1) The conversion of land use is consistent with
the natural expansion of the municipality or
locality, as contained in the approved physical
framework and land use plan;
(2) The area to be converted in use is not the only
remaining food production area of the
community;
(3) The land use conversion shall not hamper the
availability of irrigation to nearby farmlands;
(4) The areas with low productivity will be accorded
priority for use conversion; and
(5) Sufficient disturbance compensation shall be
given to the farmers whose livelihoods are
negatively affected by the land use conversion as
provided for by existing laws and regulations.
(d) Conversion may be allowed when environmental
impact assessment or initial environmental
examination, as may be appropriate, shall have
determined that it shall not adversely affect air and
water quality and the ecological stability of the
area.
Sec9: Who May Apply for Conversion. — The
following persons may apply for conversion:
(a) Owners of private agricultural lands or other
persons duly authorized by the landowner;
(b) Beneficiaries of the agrarian reform program
after the lapse of five (5) years from award,
reckoned from the date of issuance of the
Certificate of Land Ownership Award (CLOA), and
who have fully paid their obligations and are
qualified under these Rules, or persons duly
authorized by them; or,
(c) Government agencies, including government-
owned or controlled corporations, and local
government units, which own agricultural land as
their patrimonial property.
Sec10: Documentary Requirements. —xxx
Sec11: Filing of Application. — The procedures in
applying for conversion are as follows:
(a) The applicant secures application form either from
the DAR Regional Office or the DAR Central Office.
(b) The applicant accomplishes the application and
secures/prepares the documents required under
Section 10 hereof.
(c) The applicant files three (3) sets of the application
under oath (inclusive of original) together with the
required documents before the Regional Office or
the Central Office.
(d) The receiving office shall review the
completeness of the application. If found complete,
the applicant shall be advised to pay the filing fee
and post the cash bond prescribed herein.
Applications with incomplete requirements shall not
be accepted.
Sec12: Filing Fees. — xxx
Sec13: Processing of Application. —
(a) Posting of Notice for 2 by MARO upon receipt of
Notice of application from central office or regional
office.
(b) Field Investigation to be conducted on the
property on the eighth day from posting of the
notice of application and shall be completed within
seven (7) days from start of the inspection and the
report shall be submitted within three (3) days from
completion thereof.
(c) Deliberation and Approval of Application on the
20th day from posting of the notice and after
completion of inspection by the Regional
Office/Central Office.
The recommendation on the application for
conversion shall be forwarded to the Regional
Director, the Undersecretary concerned, or the
Secretary, as the case may be, within ten (10) days
from the date of deliberation.
Within ten (10) days from the submission of the
recommendation, the approving authority shall
resolve the application furnishing copies thereof to
the applicant and the oppositors, if any.
Sec14: Processing of Applications Involving
Priority Development Areas. — The following
steps shall be observed in the processing of
applications involving RAICs/RICs, socialized
housing, tourism development, and PEZA-
approved ECOZONES:
(a) The applicant submits the duly accomplished
application form together with the supporting
documents to the Regional Office/Central Office.
Only applications with complete requirements shall
be accepted and given due course.
(b) The Regional Office/Central Office shall
immediately prepare the Notice of Application and
transmit the same to the DAR Municipal Office for
posting.
(c) The MARO posts the Notice of Application
within three (3) days from receipt thereof in two (2)
conspicuous places in the municipality, in the
barangay(s) where the property is located, and in
the property itself.
(d) An ocular inspection shall be conducted by a
team assigned for the purpose within five (5) days
from acceptance of the application. The inspection
shall be completed within three (3) days.
(e) The team shall submit its report together with a
draft order involving the application within three (3)
days from inspection.
(f) The approving authority shall resolve the
application within two (2) days from receipt of the
draft order. EAICTS
Sec15: Cash Bond and Performance Bond. —
(a) To guarantee that the application shall not
undertake premature conversion pending
consideration of the application and ensure faithful
compliance with the conditions of the conversion
order by the applicant/developer, a cash bond and
a performance bond shall be required pursuant to
Section 35, Chapter 6, Book IV of the
Administrative Code of 1987.
(b) The cash bond shall be posted upon filing of the
application equivalent to two point five percent
(2.5%) of the total zonal value of the land. It shall
be refundable upon issuance of the order of
conversion or convertible into performance bond at
the applicant's option. The cash bond shall be
forfeited in favor of the government in the event
actual conversion activities are conducted by the
applicant prior to approval of the application. The
forfeiture shall be without prejudice to the filing of
criminal charges against those responsible for the
premature conversion.
(c) On the other hand, the performance bond shall be
posted within five (5) days from issuance of the
order of conversion in the form of either of the
following:
(i) Cash, manager's check, cashier's check,
irrevocable letter of credit, bank draft equivalent to
two point five percent (2.5%) of the total zonal
value of the land; or
(ii) Bank guarantee equivalent to five percent (5%)
of the total zonal value of the land; or
(iii) Surety equivalent to fifteen percent (15%) of
the total zonal value of the land.
The performance bond shall be in favor of DAR to
guarantee the payment of the amount of security as
penalty in the event it is established that the
applicant/developer is in default of their obligations
under the order of conversion. It shall be co-
terminous with the final completion of the project
and shall be forfeited in favor of the government in
case of violation of any of the conditions of the
conversion order.
Sec16: Disturbance Compensation. —
(a) Disturbance compensation, in cash or in kind or
both, shall be paid by the landowner or the
developer, as may be appropriate, to tenants,
farmworkers, as bona fide occupants to be affected
by the conversion in such amounts or under such
terms as may be mutually agreed upon between
them and the landowner or the developer, but
which shall not be less than five (5) times the
average of the gross harvests on their landholding
during the last five (5) preceding calendar years,
pursuant to Section 36 of RA 3844, as amended by
Section 7 of RA 6389, particularly in the case of
tenants.
(b) Compensation in kind may consist of free
housing, homelots, employment, and other
benefits. The DAR shall approve the terms of any
agreement for the payment of disturbance
compensation and monitor compliance therewith. In
no case shall compliance with the terms and
conditions thereof extend beyond sixty (60) days
from the date of approval of the application for
conversion.
(c) In the event the parties do not agree on the
amount of disturbance compensation, the issue
may be brought by either of them before the DAR
Adjudication Board for resolution pursuant to
existing rules.
Sec17: Role of PARC Land Use Technical
Committee. — xxx
-CREBA-
Closure and Opening of Roads
Sec21: Closure and Opening of Roads. —
(a) A local government unit may, pursuant to an
ordinance, permanently or temporarily close or
open any local road, alley, park, or square falling
within its jurisdiction: Provided, however, That in
case of permanent closure, such ordinance must
be approved by at least two-thirds (2/3) of all the
members of the sanggunian, and when necessary,
 an adequate substitute for the public facility that is
subject to closure is provided. casia
(b) No such way or place or any part thereof shall be
permanently closed without making provisions for
the maintenance of public safety therein. A property
thus permanently withdrawn from public use may
be used or conveyed for any purpose for which
other real property belonging to the local
government unit concerned may be lawfully used or
conveyed: Provided, however, That no freedom
park shall be closed permanently without provision
for its transfer or relocation to a new site.
(c) Any national or local road, alley, park, or square
may be temporarily closed during an actual
emergency, or fiesta celebrations, public rallies,
agricultural or industrial fairs, or an undertaking of
public works and highways, telecommunications,
and waterworks projects, the duration of which
shall be specified by the local chief executive
concerned in a written order: Provided, however,
That no national or local road, alley, park, or square
shall be temporarily closed for athletic, cultural, or
civic activities not officially sponsored, recognized,
or approved by the local government unit
concerned.
(d) Any city, municipality, or barangay may, by a duly
enacted ordinance, temporarily close and regulate
the use of any local street, road, thoroughfare, or
any other public place where shopping malls,
Sunday, flea or night markets, or shopping areas
may be established and where goods,
merchandise, foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the
general public.
DGNotes:
Q&A: Can a province close a municipal road in a
municipality?
Debatable.
YES. Municipal plans must be in accordance with
provincial plans. But then land use plans are very
general so this may not be a very strong argument.
NO. because of autonomy. Even if the province
reviews municipal ordinances, it can only review its
legality.
Dacanay vs. Asistio (1992)
Facts:
1979- MMC Ordinance No. 79-02 was enacted by the
MMC, designating certain streets, roads and open
spaces as sites for flea markets.
Caloocan city mayor, pursuant to the Ordinance,
opened up 7 flea markets in the city.
City mayor and city engineer issued licenses for the
conduct of vending activities upon application of
some vendors.
1987- OIC mayor Martinez caused the demolition of
market stalls on certain streets. Stall-owners filed an
action for prohibition praying that the court issue a
writ of preliminary injunction.
RTC issued writ prayed for but later dismissed the
petition and lifted the writ of preliminary injunction it
had issued earlier. It found that the streets were of
public dominion and hence, outside the commerce of
man.
Shortly after the decision came out, the city
administration changed hands. However, the new
city mayor Asistio Jr. did not pursue the prior
administration's policy of clearing and cleaning up the
city streets.
Petitioner wrote a letter to Asistio asking for the
demolition of the illegally constructed stalls and
invoking the decision in prior civil case. His letters
however, were not acted on.
Issue: WON licenses issued to the stall holders are
valid
Held: NO
The disputed areas from which the market stalls are
sought to be evicted in CAB are undeniably public
streets. Being outside the commerce of man, they
may not be the subject of lease or other contract.
The leases or licenses are null and void for being
contrary to law. The right of the public to use the
streets may not be bargained away through contract.
The interests of a few should not prevail over the
good of the greater number in the community.
Executive Order issued by the Acting mayor Robles
authorizing the use of said streets as a vending area
contravenes the general law that reserves the city
streets and roads for public use.
DGNotes:
Who else may order closure of roads
 Local chief executive – therefore, an
ordinance is not always necessary for the
order of closure of roads
 Close roads for shopping malls, night
markets, etc? only temporarily
If the closure was due to an emergency, once the
emergency situation ceases, closure will no longer
be valid.

Excerpt from Voodoo Fire in Haiti by Richard
Loederer:
As we rode through the night the drums were
beating again – but with a new rhythm that I had
never heard before. I was keyed up to a pitch of
perspiring excitement, fearing what was to come and
yet unwilling to turn back. We were about to
participate in a monstrous performance, an orgy
which not one white man in a million has ever seen.
Tonight was a Voodoo Fire, and we were to be
present.
I shivered as I rode along. I was horribly afraid;
afraid of the night, afraid of the menacing drums,
and above all, afraid of seeing too much.
The path climbed upward amongst the jagged hills.
Below us lay the town and, far off, the sea, glittering
in the moonlight. It was a warm night, yet the pale
rays of the moon cast a chill aura of malignant evil
over the scene. We rode through a cemetery where
the whitewashed tombstones flitted past like serried
ranks of ghosts, then the dark shape of trees rose up
again on either side, stretching their gnarled
branches in our way.
And all the while the hollow booming of the drums
rang in our ears; now nearer, now further off, rising
and falling in subtle cadences… The drums were
calling, they drugged the will until all resistance
died. I realized with impotent horror that it was
impossible to turn back; the power of the drums was
too great.
Suddenly we emerged into a wide clearing. In the
middles was a huge fire and round it were at least
two hundred negroes and negresses…
(continued…)
Book Review on A Hand in the Bush: The Fine Art of
Vaginal Fisting
One searches long and hard for a book like this, until
the one day that he finds it and all of his dreams
come true. I would be lying if I said that did not love
fisting. But I would also be lying if I said that I knew
it as a true art. I always saw it as a science.
Spread legs. Insert fist. Twist around for 15-30
minutes or until orgasm. Remove fist. Wash hand.
Repeat upon request.
But now that I've discovered Ms. Addington's
fantastic book with it's detailed descriptions and
explanations, I am a changed man. Can I get a
witness? Praise Jesus!
After reading the book, my partner of many years
has never been the same. I have never seen her eyes
roll back into her head that way they do since we
found this book. Also she learned that it doesn't have
to be all what I'm doing. She guides me to her spots,
teaches me where she wants to be fisted, and
sometimes I apply force.
So I give this book 5 enthusiastic stars. Before my
partner of many years gave my technique high
marks, but looking back I was an amateur. Now
every night she gives me the multiple-orgasm stamp
of approval.
Corporate Powers
Sec22: Corporate Powers. —
(a) Every local government unit, as a corporation,
shall have the following powers:
(1) To have continuous succession in its
corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal
property;
(5) To enter into contracts; and
(6) To exercise such other powers as are
granted to corporations, subject to the limitations
provided in this Code and other laws.
(b) Local government units may continue using,
modify, or change their existing corporate seals:
Provided, That newly established local government
units or those without corporate seals may create
their own corporate seals which shall be registered
with the Department of the Interior and Local
Government: Provided, further, That any change of
corporate seal shall also be registered as provided
hereon.
(c) Unless otherwise provided in this Code, no
contract may be concerned entered into by the
local chief executive in behalf of the local
government unit without prior authorization by the
sanggunian. A legible copy of such contract shall
be posted at a conspicuous place in the provincial
capitol or the city, municipal or barangay hall.
(d) Local government units shall enjoy full autonomy
in the exercise of their proprietary functions and in
the limitations provided in this Code and other
applicable laws
City of Manila vs. IAC (1989) - supra
Facts:
1971- Vivencio Sto. Domingo died and was buried in
Lot 159 in the North Cemetery, leased by the City to
Irene (wife) for 50 yrs.
City Mayor issued Admin Order No. 5 which
prescribes a uniform procedure and guidelines in the
processing of documents for the use and disposition
of burial lots and plots within NC.
By virtue of said AO, it was believed that Lot 159 was
leased only for 5 years to the Sto. Domingos.
1978- Lot 159 was exhumed and the remains of
Vivencio were placed in a bag and placed in the
depository of the cemetery.
Irene claims that it was impossible to locate the
remains of Vivencio in a depository containing
thousands of sacks of human bones. Sto. Domingos
instituted an action for damages against the City.
TC ordered the City to allow the Sto. Domingos to
make use of another lot. CA affirmed but also
awarded damages.
Issue: WON the operations and functions of a public
cemetery are a governmental or a corporate or
proprietary function of the City
Held: Corporate or proprietary
City of Manila is a political body corporate and as
such is endowed with the faculties of municipal
corporations to be exercised by and through its city
government in conformity with law, and in its
corporate name. It may therefore sue and be sued,
and contract and be contracted with.
2-fold powers-
1. governmental or political- powers
exercised in administering the powers of the state
and promoting the public welfare
2. municipal powers- those exercised for the
special benefit and advantage of the community
and include ministerial, private and corporate
powers.
With respect to proprietary functions, a municipal
corporation can be held liable to third persons ex
contractu or ex delicto.
Maintenance of parks, golf courses, cemeteries and
airports, among others, are recognized as municipal
or city activities of a proprietary character.
In the absence of special laws, the NC is a
patrimonial property4 of the City over which it
4
Art 424 CC enumerates properties for public use- provincial roads, city streets,
municipal streets, squares, fountains, public waters, promenades and public
works for public service paid for by the provinces, cities and municipalities. All
other properties are patrimonial without prejudice to provisions of special
laws.
exercises acts of dominion. There is therefore no
doubt that the NC is owned by the City in its
proprietary or private character.
The obligations arising from the contract of lease has
the force of law between the parties in the CAB. The
City’s breach of a contractual provision entitles the
Sto. Domingos to damages
Under the doctrine of respondeat superior, the City is
liable for the tortius acts committed by its agents who
failed to verify and check the duration of the contract
of lease.
NAWASA vs. Dator (1967)
 The SC had affirmed the decision of the CFI
of Luzon declaring the municipality of Lucban,
Quezon, the owner of the “Apolinario de la Cruz
Waterworks System”, subject, however, to the
jurisdiction, control and supervision of NAWASA.
This decision had become final and executory.
 Hobart Dator, in his capacity as Municipal
Mayor of Lucban, issued
o a Memorandum directing the
Municipal Treasurer to designate some of the
clerks in his office, as temporary waterworks
collectors, to receive the water rentals paid
by the users of water; and
o a Proclamation enjoining the
consuming public to pay their water fees to
the office of the Municipal Treasurer.
 The treasurer proceeded to collect water fees
from consumers in the municipality.
 NAWASA filed with the same CFI of Quezon,
a petition to declare the mayor in contempt,
alleging that the acts of the latter in ordering for
the collection of fees are in defiance of the SC
decision. Dismissed.
WON the mayor’s order to collect water bills in the
name of the municipality constitutes contempt of
court (as an encroachment upon NAWASA’s
supervisory power over the municipality’s waterworks
system) – NO
 The authority of a municipality to fix and
collect rents for water supplied by its waterworks
system is expressly granted by law. (Sec. 2317 of
the Revised Administrative Code and Sec. 2, RA
No. 2264)
 Even without these express provisions, the
authority of the municipality to fix and collect
fees from its waterworks would be justified
from its inherent power to administer what it
owns privately. Although NAWASA may regulate
and supervise the water plants owned and
 operated by cities and municipalities, the
ownership thereof is vested in the municipality
and in the operation thereof the municipality
acts in its proprietary capacity.
 Like any private owner, the municipality
enjoys the attributes of ownership under the New
Civil Code. One such attribute is the right to use
or enjoy the property
 If a governmental entity, like the NAWASA,
were allowed to collect the fees that the
consuming public pay for the water supplied to
them by the municipality, the latter, as owner,
would be deprived of the full enjoyment of its
property. Ownership is nothing without the
inherent rights of possession, control and
enjoyment.
 The National Government can not
appropriate patrimonial property of municipal
corporations without just compensation and
due process of law. As a consequence,
neither may the National Government assume
the power of administration of patrimonial
property of municipal corporations, if such
action is based upon the appropriation of said
property by the State.
 In fact, it may not, by operation of law,
assume such administration, without
appropriating the title to the property, if the
same or the income derived from its
operation will be co-mingled with other
property, either of the National Government or
of other municipal corporations, in such a
way to permit the use of the property or
income belonging to one of such
corporations for the benefit of another
municipal corporation or of the State itself.
Zamboanga Province vs. Zamboanga City (1968)
 CA 39 converted the municipality of
Zamboanga into Zamboanga City.
 The properties and buildings consisted of 50
lots and some buildings constructed thereon,
located in the City of Zamboanga and covered by
Torrens certificates of title in the name of
Zamboanga Province.
 RA 3039 was approved amending Sec. 50 of
CA 39 by providing that “All buildings, properties
and assets belonging to the former province of Z
and located within the City of Z are hereby
transferred, free of charge, in favor of the said
City of Z.”
 The Sec. of Finance ordered the CIR to stop
effecting further payments to Z del Norte and to
return to Z City the sum taken from it out of the
internal revenue allotment of Z del Norte as
payment for said properties.
 Z del Norte then filed a complaint in the CFI
against Z City, the Sec. of Finance and the CIR.
Among others, it prayed that RA 3039 be
declared unconstitutional for depriving it of
property without due process and just
compensation and that the Sec. of Finance and
CIR be enjoined from reimbursing the P57,373 to
Z City.
 Judgment was rendered, declaring RA 3039
unconstitutional and ordered Z City to pay to the
province the sum of P704,220.
WON RA 3039 is valid – YES, insofar as 24 of the 50
lots are concerned
 If the property is owned by the
municipality in its public and governmental
capacity, the property is public and Congress
has absolute control over it. But if the
property is owned in its private or proprietary
capacity, then it is patrimonial and Congress
has no absolute control. The municipality
cannot be deprived of it without due process
and payment of just compensation.
 The capacity in which the property is held
is, however, dependent on the use to which it
is intended and devoted.
Which of 2 norms, i.e., that of the Civil Code or that
obtaining under the law of Municipal Corporations,
must be used in classifying the properties in
question?
2 views:
The CC classification applies.
Result: All properties, except for 2, patrimonial.
 The Civil Code classification is embodied in
its Arts. 423 and 424:
o ART. 423. The property of provinces,
cities and municipalities, is divided into
property for public use and patrimonial
properly.
o ART. 424. Property for public use, in
the provinces, cities, and municipalities,
consists of the provincial roads, city streets,
municipal streets, the squares, fountains,
public waters, promenades, and public works
for public service paid for by said provinces,
cities, or municipalities.
o All other property possessed by any
of them is patrimonial and shall be governed
by this Code, without prejudice to the
provisions of special laws.
 Applying the provisions above, all the
properties, except the 2 lots used as High School
playgrounds, could be considered as patrimonial
properties of the former Zamboanga province.
Even the capitol site, the hospital and
leprosarium sites, and the school sites will be
considered patrimonial for they are not for public
use. They would not fall under the phrase "public
 works for public service" for under the ejusdem
generis rule, such public works must be for free
and indiscriminate use by anyone, just like the
preceding enumerated properties in the first
paragraph of Art. 424. The playgrounds,
however, would fit into this category. This was the
norm applied by the lower court.
 In previous cases, it was held that the capitol
site and the school sites in municipalities
constitute their patrimonial properties. This result
is understandable because, unlike in the
classification regarding State properties,
properties for public service in the municipalities
are not classified as public.
The principles constituting the law of Municipal
Corporations applies.
Result: All those of the 50 properties which are
devoted to public service are deemed public; the
rest remain patrimonial.
 Under this norm, to be considered public, it
is enough that the property be held and
devoted for governmental purposes like local
administration, public education, public health,
etc.
 Municipality of Batangas v. Cantos: A
municipal lot which had always been devoted to
school purposes is one dedicated to public use
and is not patrimonial property of a municipality.
SC adopts 2nd view:
 Following this classification, RA 3039 is valid
insofar as it affects the lots used as capitol site,
school sites and its grounds, hospital and
leprosarium sites and the high school playground
sites — a total of 24 lots — since these were held
by the former Z province in its governmental
capacity and therefore are subject to the absolute
control of Congress.
 Regarding the several buildings existing on
the lots, the records do not disclose whether they
were constructed at the expense of the former
Province of Z. Considering however the fact that
said buildings must have been erected even
before the enactment of CA 39 and the further
fact that provinces then had no power to
authorize construction of buildings such as those
in the CAB at their own expense, it can be
assumed that said buildings were erected by the
National Government, using national funds.
Hence, Congress could very well dispose of said
buildings in the same manner that it did with the
lots in question.
 But even assuming that provincial funds were
used, still the buildings constitute mere
accessories to the lands, which are public in
nature, and so, they follow the nature of said
lands, i.e., public.
 Moreover, said buildings, those located in the
city, will not be for the exclusive use and benefit
of city residents for they could be availed of also
by the provincial residents.
 But RA 3039 cannot be applied to deprive
Zamboanga del Norte of its share in the value of
the rest of the 26 remaining lots which are
patrimonial properties since they are not being
utilized for distinctly governmental purposes.
 Moreover, the fact that these 26 lots are
registered strengthens the proposition that they
are private in nature. On the other hand, that the
24 lots for governmental purposes are also
registered is of no significance since registration
cannot convert public property to private.
Reasons for adopting 2nd view:
 The controversy here is more along the
domains of the Law of Municipal Corporations —
State v. Province — than along that of Civil Law.
 Moreover, municipal property held and
devoted to public service cannot be said to be
in the same category as ordinary private
property, because the consequences are dire.
As ordinary private properties, they can be
levied upon and attached. They can even be
acquired thru adverse possession — all these
to the detriment of the local community.
 Lastly, the classification of properties other
than those for public use in the municipalities as
patrimonial under Art. 424 of the Civil Code is
"...without prejudice to the provisions of special
laws." For purposes of this article, the principles
obtaining under the Law of Municipal
Corporations can be considered as "special
laws".
 Hence, the classification of municipal
property devoted for governmental purposes as
public should prevail over the Civil Code
classification in this particular case.
Rabuco vs. Villegas
Facts:
In January 1965, the City mayor and the City
Engineer of Manila ordered the demolition of
petitioners’ houses.
Said officials justified their actions by saying that
even if the petitioners were already owners of the
land on which their respected houses are erected,
they could still cause the removal thereof:
 as they were constructed in violation of city
ordinances and
 constitute public nuisance
Petitioners alleged that the officials’ actions were
unlawful and clearly prohibited by Republic Act 3120
which:
 converted the lot in question which are
reserved as communal property into disposable
or alienable lands of the State to be placed under
the administration and disposal of the Land
tenure Administration for subdivision into small
lots xxx for sale on installment basis to the
tenants of bona fide occupants thereof and
 expressly prohibited ejectment and
demolition of petitioners’ homes under section 2
of the Act
Issue: WON RA 3120 deprives the City of manila of
the properties without payment of just compensation.
Held: YES
Salas vs. Jarencio:
1. Regardless of the source or classification of land in
the possession of a municipality, (except those
acquired with its own funds in its private and
corporate capacity) such property is held in trust for
the State for the benefit of its inhabitants, whether it
be for governmental or proprietary purposes.
 that it has in its name a registered title is not
questioned, but this title should be deemed to be
held in trust for the State
2. Municipality holds such lands subject to the
paramount power of the legislature to dispose of the
same:
 for after all it owes is creation to it as an
agent for the performance of a part of its public
work (the municipality being but a subdivision
thereof for purposes of local administration
3. legal situation is the same as of the State itself
holds the property and puts it to a different use
Court further says:
1. RA 3120 was intended to implement:
 the social justice policy of the Constitution
and the
 governmental program of land for the
landless and
 that they were not intended to expropriate the
property involved
 but merely t confirm its character as
communal land of the State and
 to make it available for disposition by the
National Government
2. Subdivision of communal property and subsequent
sale:
 does NOT operate as an exercise of the
power of eminent domain without just
compensation
 BUT SIMPLY as a manifestation of its right
and power to deal with state property
Municipal Board vs. CTA (1964)
Facts:
 The University of Southern Philippines Foundation,
through its president, applied for inclusion in the list
of real estate exempt from real property taxation
several parcels of land which it leased from various
persons for school purposes.
 City Assessor informed the University that, except
for 6 lots, all the remaining lots were exempt from
real property taxation.
 On appeal, the Board of Assessment Appeals of
Cebu Citygranted
exemption to the 6 lots.
 Upon appeal by the municipal Board, The Court of
Tax Appeals dismissed the case on the ground that
the City of Cebu cannot appeal from the decision of
the Board of Assessment Appeals.. The City of
Cebu, being a governmental agency, is not among
those who may appeal to the Court of Tax Appeals.
Issue: WON the City of Cebu can appeal from the
decision of the Board of Assessment Appeals
Held: Yes
 Sec. 11 of R.A. No. 1125 states:
Sec. 11. who May Appeal. Any person, association
or corporation adversely affected by a decision or
ruling of the CIR, Coll. Of Customs or any
provincial or city Board of Assessment Appeals
may filed an appeal in the CTA within 30 days after
the receipt of such decision or ruling.”
 The City of Cebu constitutes a political body
corporate created by a special charter endowed
with the powers which pertain to a municipal
corporation. As such, it possesses the capacity to
sue and be sued. It is authorized to levy real
estate taxes for its support.
 In the decision of the Board of Assessment
Appeals exempting the lots in question from the
payment of real property tax, no entity is more
adversely affected than the City of Cebu, for it
stands to lose a yearly income equivalent to the
realty tax.
 As to the personality of the municipal Board to
represent the City of Cebu in this suit, suffice it to
say that Sec. 58 of the Commonwealth Act No. 58
expressly vests in the Municipal Board the
authority to appeal from the decision of the City
Assessor to the Board of Assessment Appeals.
This indicates legislative intent to lodge in the
Municipal Board the right to represent the City in
an appeal from an adverse decision of the City
Board of AA.
Decision set aside. Case remanded to CTA.

Authority to Negotiate and Secure Grants
Sec23: Authority to Negotiate and Secure Grants.
— Local chief executives may, upon authority of the
sanggunian, negotiate and secure financial grants
or donations in kind, in support of the basic
services or facilities enumerated under Section 17
hereof, from local and foreign assistance agencies
without necessity of securing clearance or approval
therefor from any department, agency, or office of
the national government of from any higher local
government unit: Provided, That projects financed
by such grants or assistance with national security
implications shall be approved by the national
agency concerned: Provided, further, That when
such national agency fails to act on the request for
approval within thirty (30) days from receipt thereof,
the same shall be deemed approved. Cdasia
The local chief executive shall, within thirty (30)
days upon signing of such grant agreement or deed
of donation, report the nature, amount, and terms
of such assistance to both Houses of Congress and
the President.
Art2189: Provinces, cities and municipalities shall be
Liability for Damages
Sec24: Liability for Damages. — Local government
units and their officials are not exempt from liability
for death or injury to persons or damage to
property.
RA 8749
New Civil Code
Sec43: Suits and Strategic Legal Actions Against
Art34: When a member of a city or municipal police
force refuses or fails to render aid or protection to
any person in case of danger to life or property,
such peace officer shall be primarily liable for
damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action
herein recognized shall be independent of any
criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
Art2180: The obligation imposed by article 2176 is
demandable not only for one's own acts or
omissions, but also for those of persons for whom
one is responsible.
The father and, in case of his death or incapacity,
the mother, are responsible for the damages
caused by the minor children who live in their
company.
Guardians are liable for damages caused by the
minors or incapacitated persons who are under
their authority and live in their company.
The owners and managers of an establishment or
enterprise are likewise responsible for damages
caused by their employees in the service of the
branches in which the latter are employed or on the
occasion of their functions.
Employers shall be liable for the damages caused
by their employees and household helpers acting
within the scope of their assigned tasks, even
though the former are not engaged in any business
or industry.
The State is responsible in like manner when it acts
through a special agent; but not when the damage
has been caused by the official to whom the task
done properly pertains, in which case what is
provided in article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts
and trades shall be liable for damages caused by
their pupils and students or apprentices, so long as
they remain in their custody.
The responsibility treated of in this article shall
cease when the persons herein mentioned prove
that they observed all the diligence of a good father
of a family to prevent damage. (1903a)
liable for damages for the death of, or injuries
suffered by, any person by reason of the defective
condition of roads, streets, bridges, public
buildings, and other public works under their control
or supervision. (n)
Public Participation and the Enforcement of this
Act. — Where a suit is brought against a person
who filed an action as provided in Section 41 of this
Act, or against any person, institution or
government agency that implements this Act, it
shall be the duty of the investigating prosecutor or
the court, as the case may be, to immediately make
a determination not exceeding thirty (30) days
whether said legal action has been filed to harass,
vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination
thereof, evidence warranting the same, the court
shall dismiss the case and award attorney's fees
and double damages.
This provision shall also apply and benefit public
officers who are sued for acts committed in their
official capacity, there being no grave abuse of
authority, and done in the course of enforcing this
Act.

Mendoza vs. De Leon (1916)
Facts:
* Mendoza was awarded the lease of an exclusive
ferry privilege by the municipality of Villasis,
Pangasinan under the provisions of Act 1634 of the
Phil. Commission.
* After operation for a little more than a year, he was
forcibly ejected in pursuance of a resolution adopted
by the Villasis municipal council, which awarded the
franchise for the same ferry to another person.
* This is an action for damages against the individual
members of the municipal council (De Leon et al) for
the revocation.
Issue1: What are the rules governing the liability of a
municipality?
1) Municipalities have both governmental & corporate
functions.
A. In so far as its governmental functions are
concerned, a municipality is not liable at all, unless
expressly made so by statute; nor are its officers, so
long as they perform their duties honestly and in food
faith.
Reason: Govtl affairs do not lose their govtl character
by being delegated to the municipal govts…The
state, being immune for injuries suffered by private
individuals in the administration of strictly govtl
functions, like immunity is enjoyed by the municipality
in the performance of the same duties, unless it is
expressly made liable by statute…The exemption is
based upon the sovereign charac of the state & its
agencies and upon the absence of obligation.
B. In the administration of its patrimonial property
[corporate functions], a municipality is to be
regarded as a private corpo or individual in so far as
its liability to third persons on contract or in tort is
concerned.
Its contracts, validly entered into, may be enforced
& damages may be collected from it for the torts of its
officers or agents within the scope of their
employment in precisely the same manner and to the
same extent as those of private corporations or
individuals. As to such matters the principles of
respondeat superior applies.
[ Addtl requirement] To create such liability, it is
necessary that the act done which is injurious to
others must be within the scope of the corporate
powers…it must not be ultra vires (must not lie wholly
outside of the general or special powers of the corpo
as conferred in its charter or by statute).
Reason: A corpo can’t be impliedly liable to a
greater extent that it could make itself by
express corporate vote or action.
2) HERE  the leasing of a municipal ferry to the
highest bidder is a corporate function. Such a lease…
constitutes a contract…which the municipality is
bound to respect.
Were the municipality a party to this action…a
judgment for damages against it for the rescission of
the contract would be proper. But the present action
is against the members of the municipal council
personally. So…
Issue2: Are the individual municipal council members
liable?
A. Gen. Rule: In administering the patrimonial
property of municipalities, the municipal council
occupies the position of a board of directors of a
private corpo. They are not liable for the
mismanagement of corpo affairs where such
mismanagement is a mistake of judgment.
B. Exception: Directors & managing officers may
be liable for mismanagement…if it can be plainly
shown that their actions are so far opposed to the
true interests of the corpo itself as to lead to the clear
inference that no one thus acting could have been
influenced by any honest desire to secure such
interests, but that he must have acted with an intent
to subserve some outside purpose, regardless of the
consequences to the corpo, and in a manner
inconsistent with its interests.
HERE There was no valid reason for forcibly
evicting the plaintiff. He had operated the ferry for
over a year with knowledge of the councilors. Thus,
the argument that he had been operating a ferry other
than the one leased to him is untenable.
In rescinding the contract, thereby making the
municipality liable to an action for damages for no
valid reason at all, the defendant councilors are not
honestly acting for the interests of the municipality.
They are liable solidarily for the damages sustained
by the plaintiff.
Affirmed.
DGNotes:
If a municipality acts in a governmental capacity,
how can they be liable?
1. bad faith of public officer - officer is liable
2. law provides it can beliable – Sec 24 LGC; Art
2189 CC
San Fernando vs. Firme (1991)
Facts:
Morning of December 1965, collision occurred
involving:
 Passenger jeepney driven by Balagot and
owned by Estate of Nieveras
 Gravel and sand truck driven by Marandang
and owned by Velasquez
 Dump truck of Municipality
 Casualties: several passengers of the jeep
including Laureano, Sr. died
 Dec 1966, private respondents instituted a
compliant for damages against the Estate of
Nieveras and Balagot, in the CFI of La Union, Br
I. However, defendants filed Third Party
Complaint against Municipality and the driver of
dump truck (Bislig).
Issue: WON the municipality is liable for the torts
committed by its employee:
- TEST: depends on whether or not the driver,
acting in behalf of the municipality, is performing
governmental or proprietary functions.
- SC notes that in permitting such entities to be
sued (through allowance in the municipal
charter), the State merely gives the claimant the
right to show that the defendant was not acting in
its governmental capacity when the injury was
committed or that the case comes under the
exceptions recognized by law. Failing this, the
claimant cannot recover.
- And in the CAB, the driver was indeed
performing governmental functions!
 Bislig insists that "he was on his way to the
Naguilian river to get a load of sand and
gravel for the repair of San Fernando's
municipal streets." SC ruled in Palafox, et.
al. v. Province of Ilocos Norte, the District
Engineer, and the Provincial Treasurer (102
Phil 1186) that "the construction or
maintenance of roads in which the truck and
the driver worked at the time of the accident
are admittedly governmental activities".
 In the absence of any evidence to the contrary,
the regularity of the performance of official duty is
presumed (RoC). Hence, the driver of the dump
truck was performing duties or tasks pertaining to
his office. Hence, no liability.
DGNotes:
 Is this no longer good law with passage of LGC?
No. LGC should be read civil code provisions.
 Differentiated bet. Suability and liability.
Determine first if suable. If yes, then determine
if liable.
Sec 24- LGUs and its officials are not exempt from
liability for death or injury.
All government units can be sued because of Sec 24.
Won one can recover is another question.
Fernando vs. CA (1992)
Facts:
 A certain Bascon won the bid for the re-emptying
of the septic tank in Agdao.
 losing bidder Bertulano with four other
companions were found dead inside the septic
tank.
 The City Engineer's office investigated, findings:
the victims entered the tank without clearance
from it nor with the knowledge and consent of the
market master. The tank was found to be almost
empty and the victims were presumed to be the
ones who did the re-emptying.
 Autopsy reveals: cause of death of all five victims
as `asphyxia' caused by the diminution of oxygen
supply. The lungs of the five victims burst due to
their intake of toxic gas, produced from the
waste matter in the tank.
 Heirs of the deceased filed suit against City of
Davao.
 Trial court dismissed, CA awarded damages.
But upon MR, CA reversed its original ruling and
dismissed the case.
Issue: WON Davao City guilty of negligence in the
case at bar?
Held: NO.
To be entitled to damages for an injury resulting from
the negligence of another, a claimant must establish
the relation between the omission and the damage.
He must drove under Article 2179 of the New Civil
Code that the defendant's negligence was the
immediate and proximate cause of his injury.
Proximate cause has been defined as that cause,
which, in natural and continuous sequence unbroken
by any efficient intervening cause, produces the
injury, and without which the result would not have
occurred
1. Petitioners fault the city government of Davao for
failing to clean a septic tank for the period of 19 years
resulting in an accumulation of hydrogen sulfide gas
which killed the laborers. They contend that such
failure was compounded by the fact that there was no
warning sign of the existing danger and no efforts
exerted by the public respondent to neutralize or
render harmless the effects of the toxic gas. They
submit that the public respondent's gross negligence
was the proximate cause of the fatal incident.
SC: No. While it may be true that the public
respondent has been remiss in its duty to re-empty
the septic tank annually, such negligence was not a
continuing one. Upon learning from the report of the
market master about the need to clean the septic
tank of the public toilet in Agdao Public Market, the
public respondent immediately responded by issuing
invitations to bid for such service.
2. In view of this factual milieu, it would appear that
an accident such as toxic gas leakage from the septic
tank is unlikely to happen unless one removes its
covers. The accident in the case at bar occurred
because the victims on their own and without
authority from the public respondent opened the
septic tank. Considering the nature of the task of
emptying a septic tank especially one which has not
been cleaned for years, an ordinarily prudent person
should undoubtedly be aware of the attendant risks.
The victims are no exception; more so with Mr.
Bertulano, an old hand in this kind of service, who is
presumed to know the hazards of the job. His failure,
therefore, and that of his men to take precautionary
measures for their safety was the proximate cause of
the accident.
3. Petitioners: insist on the applicability of Article 24
of the New Civil Code:
"Art. 24.In all contractual, property or other relations,
when one of the parties is at a disadvantage on
account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his
protection."
SC: Untenable. We approve of the appellate court's
ruling that "(w)hile one of the victims was invited to
bid for said project, he did not win the bid, therefore,
there is a total absence of contractual relations
between the victims and the City Government of
Davao City that could give rise to any contractual
obligation, much less, any liability on the part of
Davao City."
Guillergan vs. Ganzon (1966)
Facts:
Petitioners are laborers or employees in the
unclassified service, assigned as market-sweepers of
the City of Iloilo. They had been working for some
time, ranging from 9-25 years.
Claiming that they had been illegally dismissed or
separated, they filed suit against the Mayor,
Treasurer et al of Iloilo City, to compel these officers
to reinstate them to their former positions.
Mayor claimed that he had the right to remove or
separate the petitioners from the service because
they were not civil service eligibles and were paid on
a daily basis.
Issue: WON the lower court erred in holding the City
of Iloilo jointly liable with the other respondents for
the back salaries of petitioners
Held: Yes
1. The Charter of Iloilo City (Sec. 3 of Commonwealth
Act No. 158), expressly provides that the City of Iloilo
may "sue and be sued".
2. The operation of a market, in the cleaning of which
petitioners herein are engaged, is not strictly a
governmental function.
3. It has been settled that municipal corporations may
be held liable for back pay or wages of employees or
laborers illegally separated from the service,
including those involving primarily governmental
functions, such as those of policemen.
Decision affirmed.
Pilar vs. Sangguniang Bayan ng Dasol,
Pangasinan (1984)
Facts:
Expedito Pilar was elected as Vice mayor of Dasol,
Pangasinan.
SB of Dasol adopted Resolution No. 1 increasing the
salaries of mayor and municipal treasurer but not that
of the vice mayor. Pilar questioned it.
The provincial and national gov’t endorsed
compliance with Circular 9-A of the Joint Commission
on Local Government and Personal administration in
giving the revised rate of salary to the vice mayor.
The executive secretary of the Commission sent a
letter to Mayor advising him to pay vice mayor salary
equal to the treasurer.
SB enacted resolution appropriating the amount of
P15,144 as unpaid salaries of Pilar from Jan 1, 1981-
Dec. 31, 1982.
Mayor vetoed the resolution. Hence, Pilar filed for a
writ of mandamus.
Issue: WON Pilar is entitled to damages
Held: Yes
Pilar is entitled to damages and attorney's fees
because the facts show that
1. he was forced to litigate in order to claim his
lawful salary which was unduly denied him for 3
years and
2. the Mayor acted in gross and evident bad
faith in refusing to satisfy petitioner's plainly valid,
just and demandable claim.
WHO WILL PAY DAMAGES?
Mayor Lodovico Espinosa alone should be held liable
and responsible for the miserable plight of Pilar.
 Mayor vetoed without just cause SB
Resolution appropriating the salary of Pilar
 Mayor exceeded his authority in an arbitrary
manner when he vetoed the resolution since
there exists sufficient municipal funds from which
the salary of the petitioner could be paid.
 Mayor's refusal, neglect or omission in
complying with the directives of the Provincial
Budget Officer and the Director of the Bureau of
Local Government that the salary of the petitioner
be provided for and paid the prescribed salary
rate, is reckless and oppressive
Mayor is liable personally to the petitioner for
exemplary or corrective damages as well as actual
damages and costs of litigation for mental anguish,
serious anxiety, wounded feelings, moral shock,
social humiliation and similar injury. Attorney’s fees
was also awarded.
Tuzon vs. CA (1992)
Facts:
Sangguniang Bayan of Camalaniugan, Cagayan
unanimously adopted Resolution No.9 where 1%
donation from thresher operators who will apply for a
permit to thresh within its jurisdiction will be solicited
to help finance construction of Sports and Nutrition
Center.
Petitioner municipal treasurer Mapagu prepared a
document for signature of all thresher applying for a
mayor’s permit to implement the resolution:
that thresher-owner-operator voluntarily agree to
donate 1% of all palay threshed within jurisdiction
of municipality… and agree to report weekly the
total number of palay threshed…
Private respondent Jurado sent his agent to
municipal treasurer’s office to pay license fee of 285P
for thresher operators but Mapagu refused to accept
payment and required him to secure a mayor’s permit
first. Mayor Tuzon said that he should first comply
with Resolution9 and sign the agreement before
permit could be issued.
Jurado ignored requirement and sent 285P license
fee by postal money order to the office of municipal
treasurer. Mapago returned amount because of
failure to comply with Resolution No.9.
Special civil action for mandamus with damages to
compel issuance of mayor’s permit and license filed
with CFI. then declaratory judgment against
resolution and implementing agreement for being
illegal either as a donation or as a tax measure.
Issue: W/N Mayor and Treasurer are liable for
damages.
Held: NO.
Civil Code provision (Art27) has been remarked:
- To have a purpose to end the bribery system,
where public official, for some flimsy excuse,
delays or refuses the performance of his duty
until he gets some kind of pabagsak” (Paras on
Civil Code)
- To presuppose that the refusal or omission of a
public official to perform his official duty is
attributable to malice or inexcusable negligence
(Phil. Match Co. vs. City of Cebu)
- In any event, the erring public functionary is
justly punishable under it for whatever loss or
damage complainant has sustained.
 CAB:
It has not been alleged that Mayor’s refusal to act on
his application was an attempt to compel him to
resort to bribery to obtain approval of his application.
It cannot be said also that mayor and treasurer were
motivated by personal spite or were grossly
negligent in refusing to issue permit and license to
Jurado.
No evidence has been offered to show that they
singled out Jurado for persecution.
Neither does it appear that they stood to gain
personally from refusing to issue to Jurado the
permit and license he needed. They were not his
business competitors nor has it been established
that they intended to favor his competitors.
On the contrary, record discloses that resolution was
uniformly applied to all threshers in the municipality
without discrimination or preference.
Petitioners acted within scope of their authority and
in consonance with their honest interpretation of the
resolution. In the absence of a judicial decision
declaring it invalid, the legality of challenged
measures would have to be presumed. As executive
officials of the municipality, they had the duty to
enforce it as long as it had not been repealed by
Sangguniang Bayan or annulled by the courts.
As to Jurado’s contention that he was prevented
from operating his business and profit by
petitioners’ acts…
SC: Petitioners are correct that he should have taken
prudent course of signing the agreement under
protest and later challenging it in court to relieve him
of the obligation to “donate.”
Baluyot et al. vs. CA (1999)
Facts:
Petitioners are residents of Brgy. Cruz-na-Ligas,
Diliman, QC and members of a non-stock corporation
Cruz-na-Ligas Homesite Association, Inc. They filed a
complaint for specific performance and damages
against UP before RTC, QC, which was later SC: NO. RTC is erroneous.
amended to include QC government. a. UP cannot be barred by laches
They allege: While prescription does not run against
- UP through Board of Regents approved donation registered lands, nonetheless a registered
of land in their favor and of its willingness to owner’s action to recover possession of his land
proceed with it, and Association manifested may be barred by laches (as held in Mejia de
consent in writing for benefit of bonafide residents Lucas vs. Gamponia).
and agreement to comply with its terms and However, laches is a defense against a
conditions registered owner suing to recover possession of
- UP backed-out and resumed negotiations on the land registered in its name. UP is not suing in
donation thru QC government under terms CAB.
disadvantageous to residents b. Petitioners did not invoke laches. What
- UP and Petitioners have come to the agreement they alleged in their complaint is their occupancy
for the execution of Deed of Donation by UP to of the land from time immemorial, adversely, and
QC gov for the benefit of qualified residents under continuously in concept of owner.
the conditions to be complied with by QC gov’t. c. They may have claimed prescription but it
- QC immediately prepared groundworks to is untenable. Land in question is registered land.
comply but UP failed to deliver certificate of title d. Validity of UP’s title to land cannot be
covering property to enable QC to register Deed of questioned being a collateral attack on
Donation and ownership and comply with the terms registered land which is not permitted.
and conditions of the Deed (Par18 of complaint)
- Despite requests and several conferences made, 2. As to CA ruling that complaint fails to state
UP did not comply with its duty to deliver certificate a cause of action. W/N complaint states a
(Par19) cause of action.
- Upon expiration of 18months, UP declared SC: YES. CA is erroneous.
revocation of Deed for alleged noncompliance with All the elements of a cause of action are found
terms and conditions (Par20) contained in amended complaint. ((1) right in favor
of plaintiff by whatever means and under whatever
Issue1: W/N Petitioners’ amended complaint alleges law it arises or is created; (2) an obligation by
facts constituting a cause of action. defendant to respect or not to violate such right; (3)
Petitioners’ argument: Citing paragraphs 185, 196 and act or omission on part of defendant in violation of
207 of their complaint questioning the validity of right of plaintiff or constituting a breach of obligations
revocation of the donation and seek enforcement of of defendant to plaintiff for which latter may maintain
donation through specific performance. an action for recovery of damages)
Respondents’ contention: (1) By seeking specific a. While they were not parties to deed of
performance of deed of donation as their primary donation, their right to seek its enforcement upon
cause of action, they cannot at the same time claim their allegation that they are intended
ownership over property subject of donation by virtue beneficiaries of donation to QC gov is supported
of laches or acquisitive prescription – inconsistent by Art1311, CC (stipulation pour autrui) which
causes of action. (2) Trial court already found deed to exists in CAB:
have been validly revoked so the primary cause of (1) That there must be a stipulation in favor of a
action was already declared inexistent  Hence, 3rd person  Par17 of complaint (that deed
correct dismissal of complaint by CA. of donation contains a stipulation that QC
Held: YES. See (2) gov, as donee, is required to transfer to
1. As to RTC ruling that there is no cause of qualified residents, by way of donations, the
action for specific performance because of lots occupied by them)
revocation of donation but UP was barred to (2) Stipulation must be a part, not the whole of
contest petitioners’ right to remain in possession the contract  same Par17 (that the
on ground of laches. W/N it is correct stipulation is part of conditions and
obligations imposed by UP, as donor, upon
5
That QC government immediately prepared the groundworks in compliance with QC gov, as donee)
the terms and conditions of the donation, but UP had failed to deliver certificate of (3) Contracting parties must have clearly and
title covering property to be donated to enable QC to register Deed of Donation
and corresponding certificate of title be issued under its name. deliberately conferred a favor upon 3 rd
6
UP had continuously and unlawfully refused, despite requests and several person, not a mere incidental benefit or
conferences made, to comply with its reciprocal duty to deliver certificate of tile to interest  Par15 and 16 (that intent of
enable Donee (QC gov) to register the ownership so that it can legally and fully parties to deed of donation was to confer a
comply with their obligation under the deed of donation. favor upon petitioners by transferring to latter
7
Upon expiration of 18months for alleged non-compliance of QC gov with terms lots occupied by them)
and conditions of Deed of Donation, UP thru President Abueva unilaterally,
capriciously, whimsically, and unlawfully issued Admin Order 21 declaring deed of (4) 3rd person must have communicated his
donation revoked and donated property be reverted to UP. acceptance to obligor before its revocation 
 Par19 (that conferences were held between
parties to convince UP to surrender
certificates of title to QC gov, implying that
donation had been accepted by petitioners
by demanding fulfillment thereof and that UP
were aware of such acceptance)
(5) Neither of contracting parties bears legal
representation or authorization of 3 rd party 
all allegations considered together (it can be
fairly inferred that neither acted in
representation of the other; each had its own
obligations, in view of conferring a favor upon
petitioners)
b. Amended complaint further alleged:
That UP has an obligation to transfer the land to
city government so that QC gov can in turn
comply with its obligations to make improvements
and then transfer it to petitioners,
That in breach of this obligation, UP failed to
deliver title and then revoked deed of donation
city failed to fulfill its obligation within time
allowed
 These allegations must be deemed to be
hypothetically true for purpose of determining
sufficiency of cause of action.
It is for trial court to determine ruling on the
merits.
3. As to Respondents’ contention that trial
court has already found that the donation has
already been revoked
SC: No merit.
The ruling on that point was made in connection with
the application for a writ of preliminary injunction to
stop UP from ejecting petitioners. TC denied
injunction on the ground that donation had already
been revoked and therefore petitioners had no clear
legal right to be protected.
Evident that such ruling was only tentative, without
prejudice to the final resolution of the question after
presentation by the parties of their evidence.
Issue2: W/N amended complaint alleges inconsistent
causes of action for specific performance of deed of
donation.
Respondents claim: While petitioners claim to be
beneficiaries-donees of 15.8hectares subject of the
deed, they at the same time seek recovery/delivery of
title to 42hectares of land included in UP’s certificate
of title.
Held: NO. Such allegations are not inconsistent but,
rather, alternative causes of action which Rule8,
Sec2 RoC allows.
1. Parties are allowed to plead as many
separate claims as they may have, regardless of
consistency, provided that no rules regarding
venue and joinder of parties are violated.
2. Moreover, subjects of these claims are not
exactly and entirely the same parcel of land,
when their causes of action consist of 2 definite
and distinct claims. Rule is that a trial judge
cannot dismiss a complaint which contained 2 or
more causes of action where one of them clearly
states a sufficient cause of action against
defendant.
CA reversed. Case remanded to RTC.
Voodoo Fire in Haiti (part 2):
To the left of the fire a row of stakes had been driven
into the ground. Fixed horizontally across them at the
height of a man’s head were crossbars from which
depended five long conical drums. A gigantic naked
negro stood in front of each, working like a fiend.
Two of the men used short wooden sticks but the
other three evoked a peculiar rhythm by gliding their
fingers and palms over the tightly stretched
goatskins. The drums responded to the efforts of
these sweating blacks with a shattering resonance of
sound.
Suddenly a negress wearing a white chemise and a
scarlet sash stood up. It was the Mamaloi…
Backwards and forwards danced the Mamaloi. In
and out between the rows of squatting figures. Her
eyes were fixed in a rigid sightless stare and the
sweat poured down her body. Saliva ran from her
mouth, trickling down her neck and between her
breasts. She approached the fire…
(continued…)
Chapter 3: Intergovernmental
Relations – National Government and
Local Government Units
Executive Supervision
1987 Constitution
Article X
Sec2: The territorial and political subdivisions shall
enjoy local autonomy.
Sec4: The President of the Philippines shall exercise
general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays shall ensure that
 the acts of their component units are within the
scope of their prescribed powers and functions.
Article XI
Sec25 (no such section)
Local Government Code
Sec25: National Supervision over Local
Government Units. —
(a) Consistent with the basic policy on local
autonomy, the President shall exercise general
supervision over local government units to ensure
that their acts are within the scope of their
prescribed powers and functions.
The President shall exercise supervisory authority
directly over provinces, highly urbanized cities, and
independent component cities; through the
province with respect to component cities and
municipalities; and through the city and municipality
with respect to barangays.
(b) National agencies and offices with project
implementation functions shall coordinate with one
another and with the local government units
concerned in the discharge of these functions.
They shall ensure the participation of local
government units both in the planning and
implementation of said national projects.
(c) The President may, upon request of the local
government unit concerned, direct the appropriate
national agency to provide financial, technical, or
other forms of assistance to the local government
unit. Such assistance shall be extended at no extra
cost to the local government unit concerned.
(d) National agencies and offices including
government-owned or controlled corporations with
field units or branches in a province, city, or
municipality shall furnish the local chief executive
concerned, for his information and guidance,
monthly reports including duly certified budgetary
allocations and expenditures.
Hebron vs. Reyes (1958)
Facts:
 In the 1951 general elections, Hebron, a LP
member, and Reyes, of the NP, were elected
mayor and vice-mayor, of Carmona, Cavite for a
term of 4 years.

Hebron discharged the duties and functions of
mayor continuously until May 22 or 24, 1954,
when he received a letter from the Office of the
President stating the ff:
 That the President has decided to assume
directly the investigation of the administrative
charges against him.
 That he shall be suspended from office,
effective immediately, to last until the final
termination of the administrative proceedings
(Hebron was suspended for more than a year
and seven months)
 That Vice-Mayor Reyes would assume the
office of Acting Mayor during that period.
 Thereupon Reyes acted as mayor of
Carmona and the Provincial Fiscal of Cavite
investigated the charges. After holding hearings
in connection with said charges, the provincial
fiscal submitted his report thereon on July 15,
1954. Since then, the matter has been pending in
the Office of the President for decision. Inasmuch
as a decision did not appear to be forthcoming,
and the term of petitioner, who remained
suspended, was about to expire, he instituted the
present action for quo warranto, upon the ground
that respondent was illegally holding the Office of
Mayor of Carmona, and had unlawfully refused
and still refused to surrender said office to
Reyes, who claimed to be entitled thereto.
Issue: WON a municipal mayor, not charged with
disloyalty to the Republic of the Philippines, may
be removed or suspended directly by the
President of the Philippines, regardless of the
procedure set forth in sections 2188 to 2191 of
the Revised Administrative Code.
Held: NO
1. President has no "inherent power to remove
or suspend" local elective officers. In the same
case, this Court also declared that there is no
statutory or consti provision granting the
President sweeping authority to remove
municipal officials.
What is the procedure prescribed by law for the
suspension of elective municipal officials?
Provincial governor receives and investigates
complaints. If a more severe punishment (not
mere reprimand) is required, he shall submit the
charges to the provincial board. He may
suspend the officer pending action by the board.
The preventive suspension shall not be for more
than 30 days. The provincial board shall then
conduct a trial on the charges. If the officer
wishes to appeal an adverse decision of the
board, he may appeal to the Secretary of the
Interior. (based on section 2188 to 2191 of the
Revised Admin Code)
It is, likewise, well settled that laws governing the
suspension or removal of public officers,
especially those chosen by the direct vote of the
people, must be strictly construed in their favor.
Accordingly, when the procedure for the
suspension of an officer is specified by law, the
same must be deemed mandatory and adhered
 to strictly, in the absence of express or clear 4.
provision to the contrary — which does not exist
with respect to municipal officers.
What is more, the language of sections 2188 to
2191 of the Revised Administrative Code leaves
no room for doubt that the law - in the words of
Mr. Justice Tuason — "frowns upon prolonged or
indefinite suspension of local elective officials"
(Lacson vs. Roque).  In CAB, Hebron was
suspended in may 1954. The records of the
case were forwarded to the Exec. Secretary
since July 15, 1954. Yet no decision had been
made as of May 1955, when this complaint was
filed or before the expiration of Hebron’s term on
December 31, 1955.
5.
2. Next, respondent cites Sections 79 (C) and
86 of the RAC. These provisions state that the
Dept. Head (referring to Secretary of Interior)
shall have direct control…over all bureaus and
OFFICES…
SC: In the case of Mondano vs. Silvosa, this
Court has already said that although the Dept.
Head as agent of the president has direct control
over all bureaus and offices, he does not have
the same control of local governments.
6.
These provisions were inserted in the RAC
during the American regime, when the Executive
(Gov-Gen) still had control over all executive
functions of government. However, this authority
has been constricted under the new Consti,
which limits the Exec’s powers to general
supervision.
If the same sections would be applied to local
governments, the President could alter or modify
or nullify any duly enacted municipal ordinance.
Yet, it is well settled that he cannot do so. Also,
the word “offices” as used in 79 (C) was not
deemed to include local governments, even
before the adoption of the Consti.
3. Respondent also cites section 64 (C) of the
RAC, which gives the President authority to order
an investigation of any action or conduct of any
person in the government.
SC: The powers specified in this provision are
given to the Pres. “in addition to his general
supervisory authority.” It follows that the
application of these powers to municipal
corporations would contravene the consti
provision restricting the authority of the Pres.
over local governments to “general supervision.”
Respondent cites 64 (B) of the RAC, which
empowers the Executive to remove officials from
office conformably to law …for disloyalty…
SC: First of all, it is not claimed that Hebron is
charged with disloyalty so such provision is not
applicable to his case. Even then, the provision
states that the power of removal must be
exercised “conformably to law,” which as regards
municipal officers, is found in sections 2188-2191
of the RAC. Finally, this Court held in the case of
Alejandrino vs. Quezon that the power of
removal does not imply the authority to suspend
for a substantial period of time (which, in that
case, was only 1 year)
Re: conflict between section 64, 79 and 86 of
the RAC and sections 2188-2191 of the same
code
SC: Sections 2188-2191, being specific
provisions, setting forth the procedure for
disciplinary action that may be taken against
municipal officials, must prevail over sections 64,
79 and 86, which are general provisions dealing
with the powers of the President and the dept.
heads over the officers of the government.
The alleged authority of the Executive to
suspend a municipal mayor directly, without any
opportunity on the part of the provincial governor
and the provincial board to exercise the
administrative powers of both under sections
2188 to 2190 of the Administrative Code, cannot
be adopted without conceding that said powers
are subject to repeal or suspension by the
President. Obviously, this cannot, and should not,
be done without a legislation of the most explicit
and categorical nature, and there is none to such
effect. Moreover, as stated in Mondano vs.
Silvosa, said legislation would, in effect, place
local governments under the control of the
Executive and consequently conflict with the
Constitution
If neither the Secretary of the Interior nor the
President may disapprove a resolution of the
Provincial Board of Pangasinan (as held in the
case of Rodriguez vs. Montinola), passed within
the jurisdiction thereof, because such
disapproval would connote the assumption of
control, which is denied by the Constitution, it is
manifest that greater control would be wielded by
said officers of the national government if they
could either assume the powers vested in said
provincial board or act in substitution thereof,
such as by suspending municipal officials,
without the administrative proceedings
prescribed in sections 2188 to 2190 of the
Administrative Code, before said board.

7. As early as April 7, 1900, President McKinley,
in his Instructions to the Second Philippine
Commission, laid down the policy that our
municipal governments should be "subject to the
least degree of supervision and control" on the
part of the national government; that said
supervision and control should be "confined
within the narrowest limits"; that in the distribution
of powers among the governments to be
organized in the Philippines, "the presumption is
always to be in favor of the smaller subdivision";
that the organization of local governments should
follow "the example of the distribution of powers
between the states and the national government
of the United States"; and that, accordingly, the
national government "shall have no direct
administration except of matters of purely
general concern."
If such were the basic principles underlying the
organization of our local governments, at a time
when the same were under the control of the
Governor-General (the representative of the
United States, which has delegated to us some
governmental powers, to be exercised in the
name of the United States), with more reason
must those principles be observed under the
Constitution of the Philippines, pursuant to which
"sovereignty resides in the (Filipino) people and
all government authority emanates from them"
and the power of the President over local
governments is limited to "general
supervision . . . as may be provided by law."
8. Respondent argues that the authority of the
President over our municipal corporations is not
identical to that of State Governors in the United
States, for the former is the Executive, with more
comprehensive powers than those of the latter,
who are merely chief executives
SC: Although this view is accurate (see
Severino vs. Governor General case), it is
immaterial to the CAB. The Severino case
referred to the authority of the American
Governor-General over local governments
established in the Philippines, as an
unincorporated territory or insular possession of
the United States, which local governments had
been placed by McKinley's Instructions under the
"control" of said officer. The case at bar deals
with the authority of the President of the
Philippines, as a full sovereign state, over local
governments created by Philippine laws, enacted
by representatives of the Filipino people, who
elected said representatives and are the ultimate
repository of our sovereignty, in the exercise of
which they adopted and promulgated a
Constitution, and ordained therein, that, in lieu of
the power of control of the former Governors-
General, our Executive shall merely exercise
"general supervision over all local governments
as may be provided by law."
9. Respondent points out that municipal
corporations in the US have the power of “local
self-government,” which is not given to our
political subdivisions. This means simply that,
whereas the former may not be deprived of their
right to local "self-government", the latter have
only such autonomy, if any, as the central
government may deem fit to grant thereto, and
that said autonomy shall be under the control of
the national government, which may decree its
increase, decrease, or, even, complete abolition
SC: True. But who shall exercise this power on
behalf of the state? Not the Executive, but the
legislature, as an incident of its authority to
create or abolish municipal corporations, and,
consequently, to define its jurisdiction and
functions. (Dean Vicente Sinco: Local
governments are subject to the control of
Congress which has the authority to prescribe
the procedure by which the President may
perform his constitutional power of general
supervision.)
10. Respondent claims that the power of general
supervision of the President imposes upon him
the duty of non-interference in purely corporate
affairs of local governments, but such limitation
does not apply to its political affairs.
SC: The limitation of the President’s authority to
general supervision only is unqualified, and
hence, it applies to all powers of municipal
corporations, corporate and political alike.
Besides, there was no need to qualify the consti
powers of the pres. as regards corporate
functions of local governments, inasmuch as the
Executive never had any control over said
functions anyway. The same are not, and never
have been, under the control of Congress. In the
exercise of corporate functions, municipal
corporations are on the same level vis-à-vis the
National Government, as private corporations.
Thus, the limitation of the President’s powers
could have no other purpose than to affect his
authority over political functions. NOTE: This
theory was already rejected by the Court in
Villena vs. Secretary of Interior.
11. Respondent claims that the action of the
Executive was based on the demand of public
interest and the seeming implication of some of
the former decisions of this Court
 SC: The question is not one of necessity or
usefulness, but of authority or prerogative. If
public interest demands it, the remedy is to have
the legislative branch correct by appropriate
enactment. If the law (in this case, the RAC) is
too narrow in scope, it is for the Legislature, and
not the courts, to expand it.
Besides, as said earlier, the issue of WON the
executive may suspend municipal officials has
never been squarely presented and decided
before this Court. All the cases cited by
respondent (as shown above) are not identical to
the CAB.
CONCLUSIONS:
 Under the present law, the procedure
prescribed in Sections 2188-2191 of the RAC is
MANDATORY and EXCLUSIVE
 The Executive may conduct investigations to
determine whether municipal officials are guilty of
acts or omissions warranting admin. action, as a
means to ascertain whether the provincial
governor and the board should take such action
 The Executive may take appropriate
measures to compel the provincial governor and
board to take such action, but if they fail to do so,
the Executive may not deprive the governor and
the board of the powers under sections 2188-
2190 of the RAC
 The authority vested in the Executive under
section 2191 is merely appellate in character
Ganzon vs. CA (1991) - supra
Facts:
Series of administrative complaints (10) were filed
against Mayor Ganzon by various city officials
sometime in 1988…
Mayor Ganzon answered and cases were set for
hearing (where a series of postponements occurred).
*Sec. Santos (of Department of Local Government)
issued preventive suspension order for 60days after
finding probable grounds and reasons in said
hearings.
*A prima facie evidence found to exist in arbitration
case filed by Erbite so another preventive suspension
for 60days was ordered by Sec. Santos.
Meanwhile, Sec. Santos issued a third order of
preventive suspension for another 60days and
designated ViceMayor as acting mayor. Ganzon
commenced a petition for prohibition in CA.
Ganzon claims:
1. denial of due process
Held: No denial of due process. Ganzon did not
show very clearly in what manner he might have
been deprived of his rights by Sec. Santos
2. Sec. of Local Government, as President’s
alter ego, is without authority to
suspend/remove local officials
Ganzon contends: 1987 Constitution (see Sec4) no
longer allows President to exercise power of
suspension/removal over local officials because:
1. it is meant to strengthen self-rule by local
government units
2. by deleting the phrase “as may be provided
by law” in previous Constitutions, the President
was stipped of power of control over local
governments  since the power of the President
is “provided by law”, and hence, no law may
provide for it any longer in 1987 Consti
3. their view that finds support in Constitutional
Commission debates
Note: Sec. of Local Government meted out
suspensions in consonance with Secs.62 (Notice of
Hearing), and 63 (Preventive Suspension) of BP337
(Local Government Code).
Did the 1987 Constitution, in deleting the phrase”,
intend to divest the President of power to
investigate/suspend/ discipline/remove local
officials?
 NO, notwithstanding the change, charter did not
intend to divest the legislature of its right, or the
President of his prerogative as conferred by existing
legislation, to provide administrative sanctions
against local officials
- the omission only signifies underscoring local
governments’ autonomy from congress and to
break Congress “control” over their affairs
- Consti did not intend, for sake of local
autonomy, to deprive legislature of all authority
over municipal corporations, in particular,
concerning discipline
- The deletion was meant to stress, sub
silencio, the objective of framers to strengthen
local autonomy by severing congressional control
of its affairs, as observed by CA, like the power of
local legislation… BUT it did nothing more.
Insofar as existing legislation authorizes the
President (through Sec of Local Government) to
proceed against local officials administratively,
Consti contains no prohibition.
What is LOCAL AUTONOMY?
Under the Constitution, it is not instantly self-
executing, but subject to, among other things, the
passage of a local government code (ArtX S3), a
local tax law (S5,6), income distribution legislation
(S7), and a national representation law (S9), and
measures (S14) designed to realize autonomy at the
local level.
In spite of autonomy, the Constitution places the local
government under the general supervision of the
Executive.
The charter also allows Congress to include in the
local government code provisions for removal of local
officials  suggesting that Congress may exercise
removal powers. As the existing Local Government
Code has done, it has been delegated to the
President (see ArtX, Sec3).
But the power of investigation and disciplinary
authority are not included in supervisory
powers?
 A mistaken impression, because legally,
“supervision” is not incompatible with disciplinary
authority as held in Mondano vs. Silvosa…
- the impression has apparently been
worsened by rulings in Lacson vs. Roque,
Hebron vs. Reyes, Mondano vs. Silvosa, and
Pelaez vs. Auditor General. The Court denied the
President power (to suspend/remove) but it was
not because of the thought that the President
cannot exercise it on account of his limited
power, but because the law lodged the power
elsewhere.
- Where in cases in which the law gave the
President power like Ganzon vs. Kayanan, it
found little difficulty in sustaining him.
Has the Constitution repealed Sec62 and 63 of
LGC?
 NO… “supervision” and “removal” are not
incompatible and may stand with the other
notwithstanding the stronger expression of local
autonomy under the new Constitution, that in spite of
the approval of the Charter, LGC (Batas#337) is still
in force and effect
Are the successive orders of suspensions
proper?
Considerations in preventive suspensions:
1. A preventive suspension of a duly
elected officer may be justified but its
continuance for an unreasonable length of time
as to outrun the bounds of reason and result in
sheer oppression raises a due process question
where his right to hold office will be nullified and
injustice may be inflicted on the people which
elected him.
2. It is also because it is out of the
ordinary to have a vacancy in local government
3. Its sole objective is simply “to
prevent the accused from hampering the normal
cause of the investigation with his influence and
authority over possible witnesses” or to keep him
off “the records and other evidence.” It is a
means to assist prosecutors in firming up a case,
if any, against an erring local official.
4. Under LGC, it cannot exceed
60days, which is to say that it need not be exactly
60days long if a shorter period is otherwise
sufficient, and also to say that it ought to be lifted
if prosecutors have achieved their purpose in a
shorter span.
5. It is not a penalty and not unlike
preventive imprisonment in which accused is held
to insure his presence at trial. Both enjoy a
presumption of innocence.
6. It is temporary. A longer suspension
is unjust and unreasonable, and nothing less
than tyranny.
 Although President (through Sec) is not
precluded from exercising a legal power, it
appears that Sec of Interior is exercising it
oppressively and with a grave abuse of
discretion…
Held: Ganzon to suffer duration of 3rd suspension
(which is the one under question), but as to the
remaining 7complaints, Department of Local
Government is urged to undertake steps to expedite
them, subject to Ganzon’s usual remedies if
warranted. Meanwhile, Sec. is precluded from meting
out further suspensions based on remaining
complaints, notwithstanding findings of prima facie
evidence.
Ganzon may serve suspension so far ordered, but
may no longer be suspended for offenses he was
charged originally, provided: (1) delays in
investigation due to his fault, neglect or request shall
not be counted in computing time of suspension
(S63(3), LGC); (2) if during, or after expiration of, his
suspension, he commits another crime/abuse for
which proper charges are filed against him, his
previous suspension shall not be a bar to another
preventive suspension, if warranted under Sec63(b)
of LGC.
RULES laid down by SC:
1. Local autonomy, under Consti,
involves a mere decentralization of
administration, not of power, in which local
officials remain accountable to the central
government in the manner the law may provide.
2. The new Consti does not prescribe
federalism.
3. The change in constitutional
language (w/respect to supervision clause) was
meant to deny legislative control over local
governments; it did not exempt the latter from
legislative regulations provided regulation is
consistent with the fundamental premise of
autonomy.
4. Since local governments remain
accountable to the national authority, the latter
may, and in the manner set forth therein, impose
disciplinary action against local officials;
5. “Supervision” and “investigation” are
not inconsistent terms; “investigation” does not
signify “control” (which President does not have).
Drilon vs. Lim (1994)
Facts:
Pursuant to Sec 187 of the LGC, the Secretary of
Justice had, on appeal to him of four oil companies
and a taxpayer, declared Ordinance No. 7794,
otherwise known as the Manila Revenue Code, null
and void for non-compliance with the prescribed
procedure in the enactment of tax ordinances and for
containing certain provisions contrary to law and
public policy.
Secretary argues that the annulled Section 187 is
constitutional and that the procedural requirements
for the enactment of tax ordinances as specified in
the Local Government Code has indeed not been
observed.
Issue: Constitutionality of Sec. 187 of the LGC
Held: Constitutional
Every court, including this Court, is charged with the
duty of a purposeful hesitation before declaring a law
unconstitutional, on the theory that the measure was
first carefully studied by the executive and the
legislative departments and determined by them to
be in accordance with the fundamental law before it
was finally approved.
To doubt is to sustain. The presumption of
constitutionality can be overcome only by the clearest
showing that there was indeed an infraction of the
Constitution, and only when such a conclusion is
reached by the requipped majority may the Court
pronounce, in the discharge of the duty it cannot
escape, that the challenged act must be struck down.
In CAB, the RTC was rather hasty in invalidating the
provision. Section 187 authorizes the Secretary of
Justice to review only the constitutionality or legality
of the tax ordinance and, if warranted, to revoke it on
either or both of these grounds. When he alters or
modifies or sets aside a tax ordinance, he is not also
permitted to substitute his own judgment for the
judgment of the local government that enacted the
measure.
Secretary Drilon did set aside the Manila Revenue
Code, but he did not replace it with his own version of
what the Code should be. He did not pronounce the
ordinance unwise or unreasonable as a basis for its
annulment. He did not say that in his judgment it was
a bad law. What he found only was that it was illegal.
All he did in reviewing the said measure was
determine if the petitioners were performing their
functions is accordance with law, that is, with the
prescribed procedure for the enactment of tax
ordinances and the grant of powers to the city
government under the Local Government Code. As
we see it, that was an act not of control but of mere
supervision.
An officer in control lays down the rules in the doing
of an act. It they are not followed, he may, in his
discretion, order the act undone or re-done by his
subordinate or he may even decide to do it himself.
Supervision does not cover such authority. The
supervisor or superintendent merely sees to it that
the rules are followed, but he himself does not lay
down such rules, nor does he have the discretion to
modify or replace them. If the rules are not observed,
he may order the work done or re-done but only to
conform to the prescribed rules. He may not
prescribe his own manner for the doing of the act. He
has no judgment on this matter except to see to it
that the rules are followed. In the opinion of the
Court, Secretary Drilon did precisely this, and no
more nor less than this, and so performed an act not
of control but of mere supervision.
Consultations
Sec2, LGC: Declaration of Policy.
xxx
(c) It is likewise the policy of the State to require all
national agencies and offices to conduct periodic
consultations with appropriate local government
units, nongovernmental and people's organizations,
and other concerned sectors of the community
before any project or program is implemented in
their respective jurisdictions.
Sec26: Duty of National Government Agencies in
the Maintenance of Ecological Balance. — It
shall be the duty of every national agency or
government-owned or controlled corporation
authorizing or involved in the planning and
implementation of any project or program that may
cause pollution, climatic change, depletion of non-
renewable resources, loss of crop land, rangeland,
or forest cover, and extinction of animal or plant
species, to consult with the local government units,
nongovernmental organizations, and other sectors
concerned and explain the goals and objectives of
the project or program, its impact upon the people
and the community in terms of environmental or
ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse
effects thereof. aisa dc
Sec27: Prior Consultations Required. — No
project or program shall be implemented by
government authorities unless the consultations
mentioned in Sections 2 (c) and 26 hereof are
complied with, and prior approval of the
sanggunian concerned is obtained: Provided, That
occupants in areas where such projects are to be
implemented shall not be evicted unless
appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.
Memorandum Circular No.52 (1993) - Calling
Attention To And Enjoining Strict Compliance
With The Provisions Of The Local Government
Code Of 1991 (R.A. No. 7160) Requiring
Mandatory Coordination And Consultation With
Local Government Units, Non-Governmental And
People's Organizations And Other Concerned
Sectors
"SECTION 26. Duty of National Government
Agencies in the Maintenance of Ecological Balance.
— It shall be the duty of every national agency or
government-owned or controlled corporation
authorizing or involved in the planning and
implementation of any project or program that may
cause pollution, climatic change, depletion of non-
renewable resources, loss of crop land, rengeland, or
forest cover, and extinction of animal or plant
species, to consult with the local government units,
non-governmental organizations, and other sectors
concerned and explain the goals and objectives of
the project or program, its impact upon the people
and the community in terms of environmental or
ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse
effects thereof."
"SECTION 27. Prior Consultations Required. — No
project or program shall be implemented by
government authorities unless the consultations
mentioned in Sections 2(c) and 26 hereof are
complied with, and prior approval of the sanggunian
concerned is obtained: Provided, That occupants in
areas where such projects are to be implemented
shall not be evicted unless appropriate relocation
sites have been provided, in accordance with the
provisions of the Constitution."
Accordingly, all officers and employees of national
government agencies and offices, including
concerned government owned and controlled
corporations are hereby enjoined to strictly comply
with the foregoing provisions of the Local
Government Code as well as the pertinent provisions
of its Implementing Rules and Regulations.
DONE in the City of Manila, this 2nd day of June, in
the year of Our Lord, Nineteen Hundred and Ninety-
Three.
RA 8975 (2000) - An Act To Ensure The
Expeditious Implementation And Completion Of
Government Infrastructure Projects By
Prohibiting Lower Courts From Issuing
Temporary Restraining Orders, Preliminary
Injunctions Or Preliminary Mandatory Injunctions,
Providing Penalties For Violations Thereof, And
For Other Purposes
Sec7: Issuance of Permits. — Upon payment in
cash of the necessary fees levied under Republic
Act No. 7160, as amended, otherwise known as the
Local Government Code of 1991, the governor of
the province or mayor of a highly-urbanized city
shall immediately issue the necessary permit to
extract sand, gravel and other quarry resources
needed in government projects. The issuance of
said permit shall consider environmental laws, land
use ordinances and the pertinent provisions of the
Local Government Code relating to environment.
Lina vs. Paño (2001)
Facts:
Respondent Calvento was appointed agent by the
PCSO to install a terminal for the operation of lotto in
San Pedro, Laguna.
He applied for a mayor's permit but this was denied
due to an ordinance passed by the Sangguniang
Panlalawigan entitled Kapasiyahan BLG. 508.
Respondent filed a complaint for declaratory relief
with prayer for preliminary mandatory injunction and
TRO.
TC rendered decision in favor of respondent.
Petitioners filed M4Recon which was denied.
Issue: WON prior consultations and approval by the
concerned Sanggunian are needed before the
operation of a lotto system can be allowed.
Held: NO
Sec 2 (c) and 27 apply only to national programs
and?or projects which are ot be implemented ona
particular local community. Lotto is neither a program
nor a project of the NG but of a charitable institution,
the PCSO.
Section 27, read in conjunction with Sec 26 would
show that the projects and programs mentioned in
Sec 27 are those that
a) may affect pollution
b) may bring climatic change
c) may cause the depletion of non-renewable
resources,
d) may result in loss of crop land, range-land, or
forest cover
e) may eradicate certain animal or plant species
from the face of the planet
f) other programs and projects that may call for
the eviction of a particular group of people
None of these effects will be produced by the
introduction of the lotto in Laguna.
Argument of lack of prior consultation and approval is
a mere afterthought as it was not indicated in the
letter of refusal to issue a mayor's permit.
DGNotes:
not a sound decision! Sec 2 is a broader provision
which should not be limited to provisions of Secs. 26
and 27.
Relations with Philippine National Police
Sec28: Powers of Local Chief Executives over the
Units of the Philippine National Police. — The
extent of operational supervision and control of
local chief executives over the police force, fire
protection unit, and jail management personnel
assigned in their respective jurisdictions shall be
governed by the provisions of Republic Act
Numbered Sixty-nine hundred seventy-five (R.A.
No. 6975), otherwise known as "The Department of
the Interior and Local Government Act of 1990",
and the rules and regulations issued pursuant
thereto.
RA 6975 (1990) as amended by RA 8551 (1998)
RA 8551 (1998) – An Act Providing For The
Reform And Reorganization Of The Philippine
National Police And For Other Purposes,
Amending Certain Provisions Of Republic Act
Numbered Sixty-Nine Hundred And Seventy-Five
Entitled, "An Act Establishing The Philippine
National Police Under A Re-Organized
Department Of The Interior And Local
Government, And For Other Purposes
TITLE I: TITLE AND DECLARATION OF POLICY
Sec1. Title. —xxx
Sec2: Declaration of Policy and Principles. xxx
[rationale of law: to institutionalize police force and
prevent bosissm.
TITLE II: THE ROLE OF THE PNP IN COUNTER-
INSURGENCY FUNCTIONS
Sec3: Section 12 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 12. Relationship of the Department with
the Department of National Defense. — The
Department of the Interior and Local Government
shall be relieved of the primary responsibility on
matters involving the suppression of insurgency
and other serious threats to national security. The
Philippine National Police shall, through information
gathering and performance of its ordinary police
functions, support the Armed Forces of the
Philippines on matters involving suppression of
insurgency, except in cases where the President
shall call on the PNP to support the AFP in combat
operations.
"In times of national emergency, the PNP, the
Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon the
direction of the President, assist the armed forces
in meeting the national emergency."
TITLE III: THE NATIONAL POLICE COMMISSION
Sec4: Section 13 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 13. Creation and Composition. — A
National Police Commission, hereinafter referred to
as the Commission, is hereby created for the
purpose of effectively discharging the functions
prescribed in the Constitution and provided in this
Act. The Commission shall be an agency attached
to the Department for policy and program
coordination. It shall be composed of a
Chairperson, four (4) regular Commissioners, and
the Chief of PNP as ex-officio member. Three (3) of
the regular commissioners shall come from the
civilian sector who are neither active nor former
members of the police or military, one (1) of whom
shall be designated as vice chairperson by the
President. The fourth regular commissioner shall
come from the law enforcement sector either active
or retired: Provided, That an active member of a
law enforcement agency shall be considered
resigned from said agency once appointed to the
Commission: Provided, further, That at least one
(1) of the Commissioners shall be a woman. The
Secretary of the Department shall be the ex-officio
Chairperson of the Commission, while the Vice
Chairperson shall act as the executive officer of the
Commission."
Sec5: Section 14 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 14. Powers and Functions of the
Commission. — The Commission shall exercise
the following powers and functions:
"(a) Exercise administrative control and
operational supervision over the Philippine National
Police which shall mean the power to:
"1) Develop policies and promulgate a police
manual prescribing rules and regulations for
efficient organization, administration, and
operation, including criteria for manpower
allocation, distribution and deployment,
recruitment, selection, promotion, and
retirement of personnel and the conduct of
qualifying entrance and promotional
examinations for uniformed members;
"2) Examine and audit, and thereafter establish
the standards for such purposes on a
continuing basis, the performance, activities,
 and facilities of all police agencies throughout
the country;
"3) Establish a system of uniform crime
reporting;
"4) Conduct an annual self-report survey and
compile statistical data for the accurate
assessment of the crime situation and the
proper evaluation of the efficiency and
effectiveness of all police units in the country;
"5) Approve or modify plans and programs on
education and training, logistical
requirements, communications, records,
information systems, crime laboratory, crime
prevention and crime reporting;
"6) Affirm, reverse or modify, through the
National Appellate Board, personnel
disciplinary actions involving demotion or
dismissal from the service imposed upon
members of the Philippine National Police by
the Chief of the Philippine National Police;
"7) Exercise appellate jurisdiction through the
regional appellate boards over administrative
cases against policemen and over decisions
on claims for police benefits;
"8) Prescribe minimum standards for arms,
equipment, and uniforms and, after
consultation with the Philippine Heraldry
Commission, for insignia of ranks, awards,
and medals of honor. Within ninety (90) days
from the effectivity of this Act, the standards
of the uniformed personnel of the PNP must
be revised which should be clearly distinct
from the military and reflective of the civilian
character of the police;
"9) Issue subpoena and subpoena duces tecum
in matters pertaining to the discharge of its
own powers and duties, and designate who
among its personnel can issue such
processes and administer oaths in
connection therewith;
"10) Inspect and assess the compliance of the
PNP on the established criteria for manpower
allocation, distribution, and deployment and
their impact on the community and the crime
situation, and thereafter formulate
appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
"11) Monitor the performance of the local chief
executives as deputies of the Commission;
and
"12) Monitor and investigate police anomalies and
irregularities.
"b) Advise the President on all matters involving
police functions and administration;
"c) Render to the President and to the Congress
an annual report on its activities and
accomplishments during the thirty (30) days after
the end of the calendar year, which shall include an
appraisal of the conditions obtaining in the
organization and administration of police agencies
in the municipalities, cities and provinces
throughout the country, and recommendations for
appropriate remedial legislation;
"d) Recommend to the President, through the
Secretary, within sixty (60) days before the
commencement of each calendar year, a crime
prevention program; and
"e) Perform such other functions necessary to
carry out the provisions of this Act and as the
President may direct."
Sec6: Section 15 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 15. Qualifications. — No person shall be
appointed regular member of the Commission
unless:
"(a) He or she is a citizen of the Philippines;
"(b) A member of the Philippine Bar with at least
five (5) years experience in handling criminal or
human rights cases or a holder of a master's
degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal
justice, law enforcement, and other related
disciplines; and
"(c) The regular member coming from the law
enforcement sector should have practical
experience in law enforcement work for at least five
(5) years while the three (3) other regular
commissioners must have done extensive research
work or projects on law enforcement, criminology or
criminal justice or members of a duly registered
non-government organization involved in the
promotion of peace and order."
Sec7: Section 16 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 16. Term of Office. — The four (4) regular
and full-time Commissioners shall be appointed by
the President for a term of six (6) years without re-
appointment or extension."
Sec8: Expiration of the Terms of Office of Current
Commissioners. xxx held unconstitutional under
Canonizado.
Sec9: Section 17 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 17. Temporary or Permanent Incapacity of
the Chairperson. — In case of absence due to the
temporary incapacity of the chairperson, the Vice
chair shall serve as Chairperson until the
Chairperson is present or regains capacity to serve.
In case of death or permanent incapacity or
disqualification of the chairperson, the acting
chairperson shall also act as such until a new
chairperson shall have been appointed by the
President and qualified."
Sec10: Section 20 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 20. Organizational Structure. — The
Commission shall consist of the following units:
"(a) Commission Proper. — This is composed of
the offices of the Chairman and four (4)
Commissioners.
"(b) Staff Services. — The staff services of the
Commission shall be as follows:
"(1) The Planning and Research Service, which
shall provide technical services to the
Commission in areas of overall policy
formulation, strategic and operational
planning, management systems or
procedures, evaluation and monitoring of the
Commission's programs, projects and
internal operations; and shall conduct
thorough research and analysis on social and
economic conditions affecting peace and
order in the country;
"(2) The Legal Affairs Service, which shall provide
the Commission with efficient and effective
service as legal counsel of the Commission;
draft or study contracts affecting the
Commission and submit appropriate
recommendations pertaining thereto; and
render legal opinions arising from the
administration and operation of the Philippine
National Police and the Commission;
"(3) The Crime Prevention and Coordination
Service, which shall undertake criminological
researches and studies; formulate a national
crime prevention plan; develop a crime
prevention and information program and
provide editorial direction for all criminology
research and crime prevention publications;
"(4) The Personnel and Administrative Service,
which shall perform personnel functions for
the Commission, administer the entrance and
promotional examinations for policemen,
provide the necessary services relating to
records, correspondence, supplies, property
and equipment, security and general
services, and the maintenance and utilization
of facilities, and provide services relating to
manpower, career planning and
development, personnel transactions and
employee welfare;
"(5) The Inspection, Monitoring and Investigation
Service, which shall conduct continuous
inspection and management audit of
personnel, facilities and operations at all
levels of command of the PNP, monitor the
implementation of the Commission's
programs and projects relative to law
enforcement; and monitor and investigate
police anomalies and irregularities;
"(6) The Installations and Logistics Service, which
shall review the Commission's plans and
programs and formulate policies and
procedures regarding acquisition, inventory,
control, distribution, maintenance and
disposal of supplies and shall oversee the
implementation of programs on
transportation facilities and installations and
the procurement and maintenance of
supplies and equipment; and
"(7) The Financial Service, which shall provide
the Commission with staff advice and
assistance on budgetary and financial
matters, including the overseeing of the
processing and disbursement of funds
pertaining to the scholarship program and
surviving children of deceased and/or
permanently incapacitated PNP personnel.
"(c) Disciplinary Appellate Boards — The
Commission shall establish a formal administrative
disciplinary appellate machinery consisting of the
National Appellate Board and the regional appellate
boards.
"The National Appellate Board shall decide cases
on appeal from decisions rendered by the PNP
chief, while the regional appellate boards shall
decide cases on appeal from decisions rendered by
officers other than the PNP chief, the mayor, and
the People's Law Enforcement Board (PLEB)
created hereunder."
Sec11: Section 22 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 22. Qualifications of Regional Directors.
— XXX
Sec12: Qualifications Upgrading Program. — XXX
TITLE IV: THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
Sec13: Authority of the Commission to
Reorganize the PNP. — Notwithstanding the
provisions of Republic Act No. 6975 on the
organizational structure and rank classification of
the PNP, the Commission shall conduct a
management audit, and prepare and submit to
Congress a proposed reorganization plan of the
PNP not later than December 31, 1998, subject to
the limitations provided under this Act and based
on the following criteria: a) increased police
visibility through dispersal of personnel from the
headquarters to the field offices and by the
appointment and assignment of non-uniformed
personnel to positions which are purely
administrative, technical, clerical or menial in
nature and other positions which are not actually
and directly related to police operation; and b)
efficient and optimized delivery of police services to
the communities.
The PNP reorganization program shall be approved
by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING
Sec14: Section 30 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 30. General Qualifications for
Appointment. — No person shall be appointed as
officer or member of the PNP unless he or she
possesses the following minimum qualifications:
"a) A citizen of the Philippines;
"b) A person of good moral conduct;
"c) Must have passed the
psychiatric/psychological, drug and physical tests
to be administered by the PNP or by any
NAPOLCOM accredited government hospital for
the purpose of determining physical and mental
health;
"d) Must possess a formal baccalaureate degree
from a recognized institution of learning;
"e) Must be eligible in accordance with the
standards set by the Commission;
"f) Must not have been dishonorably discharged
from military employment or dismissed for cause
from any civilian position in the Government;
"g) Must not have been convicted by final
judgment of an offense or crime involving moral
turpitude;
"h) Must be at least one meter and sixty-two
centimeters (1.62 m.) in height for male and one
meter and fifty-seven centimeters (1.57 m.) for
female;
"i) Must weigh not more or less than five
kilograms (5 kgs.) from the standard weight
corresponding to his or her height, age, and sex;
and
"j) For a new applicant, must not be less than
twenty-one (21) nor more than thirty (30) years of
age: except for the last qualification, the above-
enumerated qualifications shall be continuing in
character and an absence of any one of them at
any given time shall be a ground for separation or
retirement from the service: Provided, That PNP
members who are already in the service upon the
effectivity of this Act shall be given at least two (2)
more years to obtain the minimum educational
qualification and one (1) year to satisfy the weight
requirement.
"For the purpose of determining compliance with
the requirements on physical and mental health, as
well as the non-use of prohibited drugs, the PNP by
itself or through a NAPOLCOM accredited
government hospital shall conduct regular
psychiatric, psychological drug and physical tests
randomly and without notice.
"After the lapse of the time period for the
satisfaction of a specific requirement, current
members of the PNP who will fail to satisfy any of
the requirements enumerated under this Section
shall be separated from the service if they are
below fifty (50) years of age and have served in
Government for less than twenty (20) years or
retired if they are from the age of fifty (50) and
above and have served the Government for at least
twenty (20) years without prejudice in either case to
the payment of benefits they may be entitled to
under existing laws."
Sec15: Waivers for Initial Appointments to the
PNP. — The age, height, weight, and educational
requirements for initial appointment to the PNP
may be waived only when the number of qualified
applicants fall below the minimum annual quota:
Provided, That an applicant shall not be below
twenty (20) nor over thirty-five (35) years of age:
Provided, further, That any applicant not meeting
the weight requirement shall be given reasonable
time but not exceeding six (6) months within which
to comply with the said requirement: Provided,
furthermore, That only applicants who have
finished second year college or have earned at
least seventy-two (72) collegiate units leading to a
bachelor's decree shall be eligible for appointment:
Provided, furthermore, That anybody who will enter
the service without a baccalaureate degree shall be
given a maximum of four (4) years to obtain the
required educational qualification: Provided, finally,
That a waiver for height requirement shall be
automatically granted to applicants belonging to the
cultural communities.
Sec16: Selection Criteria Under the Waiver
Program. — The selection of applicants under the
Waiver Program shall be subject to the following
minimum criteria:
a) Applicants who possess the least
disqualification shall take precedence over those
who possess more disqualifications.
b) The requirements shall be waived in the
following order: (a) age, (b) height, (c) weight, and
(d) education.
The Commission shall promulgate rules and
regulations to address other situations arising from
the waiver of the entry requirements.
Sec17: Nature of Appointment Under a Waiver
Program. — Any PNP uniformed personnel who is
admitted due to the waiver of the educational or
weight requirements shall be issued a temporary
appointment pending the satisfaction of the
requirement waived. Any member who will fail to
satisfy any of the waived requirements within the
specified time periods under Section 13 of this Act
shall be dismissed from the service.
Sec18: Re-application of Dismissed PNP
Members Under a Waiver Program. — Any PNP
member who shall be dismissed under a waiver
program shall be eligible to re-apply for
appointment to the PNP: Provided, That he or she
possesses the minimum qualifications under
 Section 14 of this Act and his or her reappointment
is not by virtue of another waiver program.
Sec19: The Field Training Program. — All
uniformed members of the PNP shall undergo a
Field Training Program for twelve (12) months
involving actual experience and assignment in
patrol, traffic, and investigation as a requirement for
permanency of their appointment.
Sec20: Increased Qualifications for Provincial
Directors. — No person may be appointed Director
of a Provincial Police Office unless:
a) he or she holds a master's degree in public
administration, sociology, criminology, criminal
justice, law enforcement, national security
administration, defense studies, or other related
discipline from a recognized institution of learning;
and
b) has satisfactorily passed the required training
and career courses necessary for the position as
may be established by the Commission.
Any PNP personnel who is currently occupying the
position but lacks any of the qualifications
mentioned above shall be given three (3) years
upon the effectivity of this Act to comply with the
requirements; otherwise he or she shall be relieved
from the position.
Sec21: Section 32 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 32. Examinations of Policemen. — The
National Police Commission shall administer the
entrance and promotional examinations for
policemen on the basis of the standards set by the
Commission."
Sec22: Section 34 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 34. Qualifications of Chief of City and
Municipal Police Stations. — No person shall be
appointed chief of a city police station unless
he/she is a graduate of Bachelor of Laws or has
finished all the required courses of a master's
degree program in public administration,
criminology, criminal justice, law enforcement,
national security administration, defense studies,
and other related disciplines from a recognized
institution of learning. No person shall be appointed
chief of a municipal police station unless he or she
has finished at least second year Bachelor of Laws
or has earned at least twelve (12) units in a
master's degree program in public administration,
criminology, criminal justice, law enforcement,
national security administration, and other related
disciplines from a recognized institution of learning:
Provided, That members of the Bar with at least
five (5) years of law practice, licensed
criminologists or graduates of the Philippine
National Police Academy and who possess the
general qualifications for initial appointment to the
PNP shall be qualified for appointment as chief of a
city or municipal police station: Provided, further,
That the appointee has successfully passed the
required field training program and has complied
with other requirements as may be established by
the Commission: Provided, furthermore, That the
chief of police shall be appointed in accordance
with the provisions of Section 51, paragraph (b),
subparagraph 4(i) of this Act."
Sec23: Qualifications Upgrading Program. — The
Commission shall design and establish a
qualifications upgrading program for the Philippine
National Police officers and members in
coordination with the Civil Service Commission,
and the Commission on Higher Education through
a distance education program and/or an in-service
education program or other similar programs within
ninety (90) days from the effectivity of this Act.
C. ATTRITION SYSTEM FOR UNIFORMED
PERSONNEL
Sec24: Attrition System. — There shall be
established a system of attrition within the
uniformed members of the PNP within one (1) year
from the effectivity of this Act to be submitted by the
PNP to the Commission for approval. Such attrition
system shall include but is not limited to the
provisions of the following sections.
Sec25: Attrition by Attainment of Maximum
Tenure in Position. — The maximum tenure of
PNP members holding key positions is hereby
prescribed as follows:
POSITION MAXIMUM TENURE
Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years
Provincial/City Directors nine (9)
years
Other positions higher than Provincial Director shall
have the maximum tenure of six (6) years. Unless
earlier separated, retired or promoted to a higher
position in accordance with the PNP Staffing
Pattern, police officers holding the above-
mentioned positions shall be compulsorily retired at
the maximum tenure in position herein prescribed,
or at age fifty-six (56), whichever is earlier:
Provided, That in times of war or other national
emergency declared by Congress, the President
may extend the PNP Chief's tour of duty: Provided,
further, That PNP members who have already
reached their maximum tenure upon the effectivity
of this Act may be allowed one (1) year more of
tenure in their positions before the maximum tenure
provided in this Section shall be applied to them,
unless they shall have already reached the
 compulsory retirement age of fifty-six (56), in which
case the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who
has less than one (1) year of service before
reaching the compulsory retirement age shall be
promoted to a higher rank or appointed to any other
position.
Sec26: Attrition by Relief . — A PNP uniformed
personnel who has been relieved for just cause and
has not been given an assignment within two (2)
years after such relief shall be retired or separated.
Sec27: Attrition by Demotion in Position or Rank.
— Any PNP personnel, civilian or uniformed, who is
relieved and assigned to a position lower than what
is established for his or her grade in the PNP
staffing pattern and who shall not be assigned to a
position commensurate to his or her grade within
eighteen (18) months after such demotion in
position shall be retired or separated.
Sec28: Attrition by Non-promotion. — Any PNP
personnel who has not been promoted for a
continuous period of ten (10) years shall be retired
or separated.
Sec29: Attrition by Other Means. — A PNP
member or officer with at least five (5) years of
accumulated active service shall be separated
based on any of the following factors:
a) inefficiency based on poor performance
during the last two (2) successive annual rating
periods;
b) inefficiency based on poor performance for
three (3) cumulative annual rating periods;
c) physical and/or mental incapacity to perform
police functions and duties; or
d) failure to pass the required entrance
examinations twice and/or finish the required
career courses except for justifiable reasons.
Sec30: Retirement or Separation Under the
Preceding Sections. — Any personnel who is
dismissed from the PNP pursuant to Sections 25,
26, 27, 28 and 29 hereof shall be retired if he or
she has rendered at least twenty (20) years of
service and separated if he or she has rendered
less than twenty (20) years of service unless the
personnel is disqualified by law to receive such
benefits.
D. PROMOTION SYSTEM
Sec31: Rationalized Promotion System. — Within
six (6) months after the effectivity of this Act, the
Commission shall establish a system of promotion
for uniformed and non-uniformed personnel of the
PNP which shall be based on merits and on the
availability of vacant positions in the PNP staffing
pattern. Such system shall be gender fair and shall
ensure that women members of the PNP shall
enjoy equal opportunity for promotion as that of
men.
Sec32: Promotion by Virtue of Position. — Any
PNP personnel designated to any key position
whose rank is lower than that which is required for
such position shall, after six (6) months of
occupying the same, be entitled to a rank
adjustment corresponding to the position: Provided,
That the personnel shall not be reassigned to a
position calling for a higher rank until after two (2)
years from the date of such rank adjustment:
Provided, further, That any personnel designated to
the position who does not possess the established
minimum qualifications therefor shall occupy the
same temporarily for not more than six (6) months
without reappointment or extension.
Sec33: Section 38 (a) and (b) of Republic Act No.
6975 is hereby amended to read as follows:
"SEC. 38. Promotions. — (a) A uniformed member
of the PNP shall not be eligible for promotion to a
higher position or rank unless he or she has
successfully passed the corresponding promotional
examination given by the Commission, or the Bar,
or the corresponding board examinations for
technical services and other professions, has
satisfactorily completed the appropriate and
accredited course in the PNPA or equivalent
training institutions, and has satisfactorily passed
the required psychiatric/psychological and drug
tests. In addition, no uniformed member of the PNP
shall be eligible for promotion during the pendency
of his or her administrative and/or criminal case or
unless he or she has been cleared by the People's
Law Enforcement Board (PLEB), and the Office of
the Ombudsman of any complaints proffered
against him or her, if any. prcd
"(b) Any uniformed member of the PNP who has
exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond
the call of duty, shall be promoted to the next
higher rank: Provided, That such acts shall be
validated by the Commission based on established
criteria."
E. UPGRADING OF SALARIES AND BENEFITS
Sec34. Section 75 of the same Act is hereby
amended to read as follows:
"SEC. 75. Retirement Benefits. — XXX
Sec35: Section 73 of the same Act is hereby
amended to read as follows:
"SEC. 73. Permanent Physical Disability. — An
officer or non-officer who is permanently and totally
disabled as a result of injuries suffered or sickness
contracted in the performance of his duty as duly
certified by the National Police Commission, upon
finding and certification by the appropriate medical
 officer, that the extent of the disability or sickness
renders such member unfit or unable to further
perform the duties of his position, shall be entitled
to one year's salary and to lifetime pension
equivalent to eighty percent (80%) of his last salary,
in addition to other benefits as provided under
existing laws.
"Should such member who has been retired under
permanent total disability under this section die
within five (5) years from his retirement, his
surviving legal spouse or if there be none, the
surviving dependent legitimate children shall be
entitled to the pension for the remainder of the five
(5) years guaranteed period."
Sec36: Section 36 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 36. Status of Members of the Philippine
National Police. — The uniformed members of the
PNP shall be considered employees of the National
Government and shall draw their salaries
therefrom. They shall have the same salary grade
level as that of public school teachers: Provided,
That PNP members assigned in Metropolitan
Manila, chartered cities and first class
municipalities may be paid financial incentive by
the local government unit concerned subject to the
availability of funds."
Sec37: Early Retirement Program. — Within three
(3) years after the effectivity of this Act, any PNP
officer or non-commissioned officer may retire and
be paid separation benefits corresponding to a
position two (2) ranks higher than his or her present
rank subject to the following conditions:
a) that at the time he or she applies for
retirement, he or she has already rendered at least
ten (10) years of continuous government service;
b) the applicant is not scheduled for separation
or retirement from the service due to the attrition
system or separation for cause;
c) he or she has no pending administrative or
criminal case; and
d) he or she has at least three (3) more years in
the service before reaching the compulsory
retirement age and at least a year before his or her
maximum tenure in position.
Sec38: Rationalization of Retirement and
Separation Benefits. — The Commission shall
formulate a rationalized retirement and separation
benefits schedule and program within one (1) year
from the effectivity of this Act for approval by
Congress: Provided, That the approved schedule
and program shall have retroactive effect in favor of
PNP members and officers retired or separated
from the time specified in the law, unless the
retirement or separation is for cause and the
decision denies the grant of benefits.
TITLE V: INTERNAL AFFAIRS SERVICE
Sec39: Creation, Powers, and Functions. — An
Internal Affairs Service (IAS) of the PNP is hereby
created which shall:
a) pro-actively conduct inspections and audits
on PNP personnel and units;
b) investigate complaints and gather evidence
in support of an open investigation;
c) conduct summary hearings on PNP members
facing administrative charges;
d) submit a periodic report on the assessment,
analysis, and evaluation of the character and
behavior of PNP personnel and units to the Chief
PNP and the Commission;
e) file appropriate criminal cases against PNP
members before the court as evidence warrants
and assist in the prosecution of the case;
f) provide assistance to the Office of the
Ombudsman in cases involving the personnel of
the PNP.
The IAS shall also conduct, motu proprio,
automatic investigation of the following cases:
a) incidents where a police personnel
discharges a firearm;
b) incidents where death, serious physical
injury, or any violation of human rights occurred in
the conduct of a police operation;
c) incidents where evidence was compromised,
tampered with, obliterated, or lost while in the
custody of police personnel;
d) incidents where a suspect in the custody of
the police was seriously injured; and
e) incidents where the established rules of
engagement have been violated.
Finally, the IAS shall provide documents or
recommendations as regards to the promotion of
the members of the PNP or the assignment of PNP
personnel to any key position.
Sec40: Organization. — National, regional, and
provincial offices of the Internal Affairs shall be
established. Internal Affairs Service shall be
headed by an Inspector General who shall be
assisted by a Deputy Inspector General. The area
offices shall be headed by a Director while the
provincial offices shall be headed by a
Superintendent: Provided, That the head of the
Internal Affairs Service shall be a civilian who shall
meet the qualification requirements provided
herein.
The commission shall establish a rationalized
staffing pattern in the Reorganization Plan as
provided for in Section 13 hereof.
Sec41: Appointments. — The Inspector General
shall be appointed by the President upon the
recommendation of the Director General and duly
endorsed by the Commission. Appointments of
personnel who shall occupy various positions shall
be made by the Inspector General and shall be
 based on an established career pattern and criteria
to be promulgated by the Commission.
Sec42: Entry Qualifications to IAS. — Entry to the
Internal Affairs Service shall be voluntary and
subject to rigid screening where only PNP
personnel who have at least five (5) years
experience in law enforcement and who have no
derogatory service records shall be considered for
appointment: Provided, That members of the Bar
may enter the service laterally.
Sec43: Initial Appointments to the National,
Directorial, and Provincial Internal Affairs
Service Offices. — Initial appointments of the
heads of the offices in the Internal Affairs Service
shall be made by the President upon
recommendation by the Commission. Thereafter,
appointments and promotions to the Service shall
follow the established requirements and
procedures.
Sec44: Promotions. — The Commission shall
establish the promotion system within the IAS
which shall follow the general principles of the
promotion system in the PNP.
Sec45: Prohibitions. — Any personnel who joins the
IAS may not thereafter join any other unit of the
PNP. Neither shall any personnel of the IAS be
allowed to sit in a committee deliberating on the
appointment, promotion, or assignment of any PNP
personnel.
Sec46: Career Development and Incentives. — (1)
Personnel of the Internal Affairs Service shall in
addition to other allowances authorized under
existing laws be granted occupational specialty pay
which shall not exceed fifty percent (50%) of their
basic pay. This pay shall not be considered a
forfeiture of other remuneration and allowances
which are allowed under existing laws.
(2) IAS members shall also have priorities in the
quota allocation for training and education.
Sec47: Records Management of the IAS. — Local
Internal Affairs Offices shall be responsible for the
maintenance and update of the records of the
members of the PNP within their jurisdiction.
When a PNP personnel is reassigned or
transferred to another location or unit outside the
jurisdiction of the current Internal Affairs Office, the
original records of such personnel shall be
transferred over to the Internal Affairs Office that
will acquire jurisdiction over the transferred
personnel while copies will be retained by the
former Internal Affairs Office. In cases where a PNP
personnel has been relieved of his/her position and
has not been given an assignment, the Internal
Affairs Office where the person has been assigned
last shall continue to have jurisdiction over his or
her records until such time that the officer or
member shall have been given a new assignment
where the records will be forwarded to the Internal
Affairs Office acquiring jurisdiction over the PNP
personnel.
Sec48: Inclusion of Supervisors and Superiors in
IAS Investigations. — The immediate superior or
supervisor of the personnel or units being
investigated under the preceding section shall be
automatically included in the investigation of the IA
to exclusively determine lapses in administration or
supervision.
Sec49: Disciplinary Recommendations of the IAS.
— (a) Any uniformed PNP personnel found guilty of
any of the cases mentioned in Section 39 of this
Act and any immediate superior or supervisor
found negligent under Section 48 shall be
recommended automatically for dismissal or
demotion, as the case may be.
(b) Recommendations by the IAS for the
imposition of disciplinary measures against an
erring PNP personnel, once final, cannot be
revised, set-aside, or unduly delayed by any
disciplining authority without just cause. Any
disciplining authority who fails to act or who acts
with abuse of discretion on the recommendation of
the IAS shall be made liable for gross neglect of
duty. The case of erring disciplinary authority shall
be submitted to the Director General for proper
disposition.
Sec50: Appeals. — Decisions rendered by the
provincial inspectors shall be forwarded to the area
internal affairs office for review within ten (10)
working days upon the receipt thereof. Decisions of
the area office may be appealed to the national
office through the Office of Inspector General.
Decisions rendered by the National IAS shall be
appealed to the National Appellate Board or to the
court as may be appropriate: Provided, That the
summary dismissal powers of the Director General
and Regional Directors as provided in Section 42 of
Republic Act No. 6975 shall remain valid: Provided,
further, That the existing jurisdiction over offenses
as provided under Republic Act No. 6975 shall not
be affected.
Sec51: Complaints Against the IAS. — A complaint
against any personnel or office of IAS shall be
brought to the Inspector General's Office or to the
Commission as may be appropriate.
TITLE VI: DISCIPLINARY MECHANISMS
Sec52: Section 41 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 41 (a). Citizen's Complaints. — Any
complaint by a natural or juridical person against
any member of the PNP shall be brought before the
following:
"(1) Chiefs of Police, where the offense is
punishable by withholding of privileges,
restriction to specified limits, suspension or
forfeiture of salary, or any combination
thereof, for a period not exceeding fifteen
(15) days;
"(2) Mayors of cities and municipalities, where the
offense is punishable by withholding of
privileges, restriction to specified limits,
suspension or forfeiture of salary, or any
combination thereof, for a period of not less
than sixteen (16) days but not exceeding
thirty (30) days;
"(3) People's Law Enforcement Board, as created
under Section 43 hereof, where the offense is
punishable by withholding of privileges,
restriction to specified limits, suspension or
forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30)
days; or by dismissal.
"The Commission shall provide in its implementing
rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this
Section.
"(b) Internal Discipline. — On dealing with minor
offenses involving internal discipline found to have
been committed by any regular member of their
respective commands, the duly designated
supervisors and equivalent officers of the PNP
shall, after due notice and summary hearing,
exercise disciplinary powers as follows:
"(1) Chiefs of police or equivalent supervisors
may summarily impose the administrative
punishment of admonition or reprimand;
restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension;
or any of the combination of the foregoing:
Provided, That, in all cases, the total period
shall not exceed fifteen (15) days;
"(2) Provincial directors or equivalent supervisors
may summarily impose administrative
punishment of admonition or reprimand;
restrictive custody; withholding of privileges;
forfeiture of salary or suspension, or any
combination of the foregoing: Provided, That,
in all cases, the total period shall not exceed
thirty (30) days;
"(3) Police regional directors or equivalent
supervisors shall have the power to impose
upon any member the disciplinary
punishment of dismissal from the service. He
may also impose the administrative
punishment of admonition or reprimand;
restrictive custody; withholding of privileges;
suspension or forfeiture of salary; demotion;
or any combination of the foregoing:
Provided, That, in all cases, the total period
shall not exceed sixty (60) days;
"(4) The Chief of the PNP shall have the power to
impose the disciplinary punishment of
dismissal from the service; suspension or
forfeiture of salary; or any combination
thereof for a period not exceeding one
hundred eighty (180) days: Provided, further,
That the chief of the PNP shall have the
authority to place police personnel under
restrictive custody during the pendency of a
grave administrative case filed against him or
even after the filing of a criminal complaint,
grave in nature, against such police
personnel.
"(c) Exclusive Jurisdiction. — A complaint or a
charge filed against a PNP member shall be heard
and decided exclusively by the disciplining authority
who has acquired original jurisdiction over the case
and notwithstanding the existence of concurrent
jurisdiction as regards the offense: Provided, That
offenses which carry higher penalties referred to a
disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the
offense.
"For purposes of this Act, a 'minor offense' shall
refer to any act or omission not involving moral
turpitude, but affecting the internal discipline of the
PNP, and shall include, but not limited to:
"(1) Simple misconduct or negligence;
"(2) Insubordination;
"(3) Frequent absences and tardiness;
"(4) Habitual drunkenness; and
"(5) Gambling prohibited by law.
"(d) Forum shopping of multiple filing of
complaints. — When an administrative complaint
is filed with a police disciplinary authority, such as
the People's Law Enforcement Board (PLEB), no
other case involving the same cause of action shall
be filed with any other disciplinary authority.
"In order to prevent forum shopping or multiple
filing of complaints, the complainant or party
seeking relief in the complaint shall certify under
oath in such pleading, or in a sworn certification
annexed thereto and simultaneously filed therewith,
to the truth of the following facts and undertaking:
"(a) that he has not heretofore commenced any
other action or proceeding involving the
same issues in other disciplinary forum;
"(b) that to the best of his knowledge, no such
action or proceeding is pending in other
police administrative disciplinary machinery
or authority;
"(c) that if there is any such action or proceeding
which is either pending or may have been
terminated, he must state the status thereof;
and
"(d) that if he should thereafter learn that a similar
action or proceeding has been filed or is
pending before any other police disciplinary
authority, he must undertake to report that
fact within five (5) days therefrom to the
 disciplinary authority where the original
complaint or pleading has been filed."
Sec53. Section 42 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 42. Summary Dismissal Powers of the
National Police Commission, PNP Chief and
PNP Regional Directors. — The National Police
Commission, the chief of the PNP and PNP
regional directors, after due notice and summary
hearings, may immediately remove or dismiss any
respondent PNP member in any of the following
cases:
"(a) When the charge is serious and the evidence
of guilt is strong;
"(b) When the respondent is a recidivist or has
been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges;
and
"(c) When the respondent is guilty of a serious
offense involving conduct unbecoming of a police
officer.
"Any member or officer of the PNP who shall go on
absence without official leave (AWOL) for a
continuous period of thirty (30) days or more shall
be dismissed immediately from the service. His
activities and whereabouts during the period shall
be investigated and if found to have committed a
crime, he shall be prosecuted accordingly."
Sec54: Section 44 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 44. Disciplinary Appellate Boards. — The
formal administrative disciplinary machinery of the
PNP shall be the National Appellate Board and the
regional appellate boards.
"The National Appellate Board shall be composed
of the four (4) regular commissioners and shall be
chaired by the executive officer. The Board shall
consider appeals from decisions of the Chief of the
PNP.
"The National Appellate Board may conduct its
hearings or sessions in Metropolitan Manila or any
part of the country as it may deem necessary.
"There shall be at least one (1) regional appellate
board per administrative region in the country to be
composed of a senior officer of the regional
Commission as Chairman and one (1)
representative each from the PNP, and the regional
peace and order council as members. It shall
consider appeals from decisions of the regional
directors, other officials, mayors, and the PLEBs:
Provided, That the Commission may create
additional regional appellate boards as the need
arises."
Sec55: Section 47 of Republic Act No. 6975 is
hereby amended to read as follows:
"Sec. 47. Preventive Suspension Pending
Criminal Case. — Upon the filing of a complaint or
information sufficient in form and substance against
a member of the PNP for grave felonies where the
penalty imposed by law is six (6) years and one (1)
day or more, the court shall immediately suspend
the accused from office for a period not exceeding
ninety (90) days from arraignment: Provided,
however, That if it can be shown by evidence that
the accused is harassing the complainant and/or
witnesses, the court may order the preventive
suspension of the accused PNP member even if
the charge is punishable by a penalty lower than
six (6) years and one (1) day: Provided, further,
That the preventive suspension shall not be more
than ninety (90) days except if the delay in the
disposition of the case is due to the fault,
negligence or petitions of the respondent: Provided,
finally, That such preventive suspension may be
sooner lifted by the court in the exigency of the
service upon recommendation of the chief, PNP.
Such case shall be subject to continuous trial and
shall be terminated within ninety (90) days from
arraignment of the accused."
Sec56: Section 49 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 49. Legal Assistance. — The Secretary of
Justice, the chairman of the Commission or the
Chief of the PNP may authorize lawyers of their
respective agencies to provide legal assistance to
any member of the PNP who is facing before the
prosecutor's office, the court or any competent
body, a charge or charges arising from any incident
which is related to the performance of his official
duty: Provided, That government lawyers so
authorized shall have the power to administer
oaths: Provided, further, That in such cases, when
necessary, as determined by the Commission, a
private counsel may be provided at the expense of
the Government. The Secretary of Justice, the
Chairman of the Commission and the Chief of the
PNP shall jointly promulgate rules and regulations
to implement the provisions of this Section."
TITLE VII: CREATION OF WOMEN'S DESKS IN
ALL POLICE STATIONS AND THE
FORMULATION OF A GENDER SENSITIVITY
PROGRAM
Sec57: Creation and Functions. — The PNP shall
establish women's desks in all police stations
throughout the country to administer and attend to
cases involving crimes against chastity, sexual
harassment, abuses committed against women and
children and other similar offenses: Provided, That
municipalities and cities presently without
policewomen will have two (2) years upon the
effectivity of this Act within which to comply with the
requirement of this provision.
Sec58: Prioritization of Women for Recruitment.
— Within the next five (5) years, the PNP shall
 prioritize the recruitment and training of women
who shall serve in the women's desk. Pursuant to
this requirement, the PNP shall reserve ten percent
(10%) of its annual recruitment, training, and
education quota for women
Sec59: Gender Sensitivity Program. — The
Commission shall formulate a gender sensitivity
program within ninety (90) days from the effectivity
of this Act to include but not limited to the
establishment of equal opportunities for women in
the PNP, the prevention of sexual harassment in
the workplace, and the prohibition of discrimination
on the basis of gender or sexual orientation.
Sec60: Administrative Liability. — Any personnel
who shall violate the established rules and
regulations regarding gender sensitivity and gender
equality shall be suspended without pay for not less
than thirty (30) days and shall undergo gender
sensitivity seminar or training: Provided, That any
personnel who violates the rules more than twice
shall be recommended for demotion or dismissal
from the PNP.
Sec61: Non-prohibition for Promotion. — Nothing
in this title shall be construed as a restriction on the
assignment of policewomen to other positions in
the PNP nor shall any provisions of this title be
used for the non-promotion of a PNP female
personnel to higher position.
TITLE VIII: PARTICIPATION OF LOCAL
GOVERNMENT EXECUTIVES IN THE
ADMINISTRATION OF THE PNP
Sec62: The provisions of the second, third, fourth
and fifth paragraphs of subparagraph (b) (1),
Section 51, Chapter III-D of Republic Act No. 6975
are hereby amended to read as follows:
"The term 'operational supervision and control' shall
mean the power to direct, superintend, and oversee
the day-to-day functions of police investigation of
crime, crime prevention activities, and traffic control
in accordance with the rules and regulations
promulgated by the Commission.
"It shall also include the power to direct the
employment and deployment of units or elements
of the PNP, through the station commander, to
ensure public safety and effective maintenance of
peace and order within the locality. For this
purpose, the terms 'employment' and 'deployment'
shall mean as follows:
"'Employment' refers to the utilization of units or
elements of the PNP for purposes of protection of
lives and properties, enforcement of laws,
maintenance of peace and order, prevention of
crimes, arrest of criminal offenders and bringing the
offenders to justice, and ensuring public safety,
particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious
conspiracy, insurgency, subversion or other related
activities.
"'Deployment' shall mean the orderly and organized
physical movement of elements or units of the PNP
within the province, city or municipality for purposes
of employment as herein defined."
Sec63: Section 51 (b) (4) of Republic Act No. 6975 is
hereby amended to read as follows:
"(4) Other Powers. In addition to the
aforementioned powers, city and municipal mayors
shall have the following authority over the PNP
units in their respective jurisdictions:
"(i) Authority to choose the chief of police from a
list of five (5) eligibles recommended by the
provincial police director, preferably from the
same province, city or municipality: Provided,
however, That in no case shall an officer-in-
charge be designated for more than thirty
(30) days: Provided, further, That the local
peace and order council may, through the city
or municipal mayor, recommend the recall or
reassignment of the chief of police when, in
its perception, the latter has been ineffective
in combating crime or maintaining peace and
order in the city or municipality: Provided,
finally, That such relief shall be based on
guidelines established by the NAPOLCOM;
"(ii) Authority to recommend to the provincial
director the transfer, reassignment or detail of
PNP members outside of their respective city
or town residences; and
"(iii) Authority to recommend from a list of
eligibles previously screened by the peace
and order council the appointment of new
members of the PNP to be assigned to their
respective cities or municipalities without
which no such appointments shall be
attested: Provided, That whenever
practicable and consistent with the
requirements of the service, PNP members
shall be assigned to the city or municipality of
their residence.
"The control and supervision of anti-gambling
operations shall be within the jurisdiction of local
government executives."
Sec64: Automatic Deputation of Local
Government Executives as Commission
Representatives. — Governors and mayors, upon
having been elected and living qualified as such,
are automatically deputized as representatives of
the National Police Commission in their respective
jurisdiction. As deputized agents of the
Commission, local government executives can
inspect police forces and units, conduct audit, and
exercise other functions as may be duly authorized
by the Commission.
Sec65: Section 52 of Republic Act No. 6975 is
hereby amended to read as follows:
"SEC. 52. Suspension or Withdrawal of
Deputation. — Unless reversed by the President,
the Commission may, after consultation with the
provincial governor and congressman concerned,
suspend or withdraw the deputation of any local
executive for any of the following grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal
elements; or
"(d) Engaging in acts inimical to national security
or which negate the effectiveness of the peace and
order campaign.
"Upon good cause shown, the President may,
directly or through the Commission, motu proprio
restore such deputation withdrawn from any local
executive."
TITLE IX: STRENGTHENING THE PEOPLE'S LAW
ENFORCEMENT BOARD
Sec66: Paragraph (a), Section 43 of Republic Act No.
6975 is hereby amended to read as follows:
"SEC. 43. People's Law Enforcement Board
(PLEB). — (a) Creation and Functions — The
sangguniang panlungsod/bayan in every city and
municipality shall create such number of People's
Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at least
one (1) PLEB for every five hundred (500) city or
municipal police personnel and for each of the
legislative districts in a city.
"The PLEB shall be the central receiving entity for
any citizen's complaint against the officers and
members of the PNP. Subject to the provisions of
Section 41 of Republic Act No. 6975, the PLEB
shall take cognizance of or refer the complaint to
the proper disciplinary or adjudicatory authority
within three (3) days upon the filing of the
complaint."
Sec67: Number (3) of Paragraph (b), Section 43 of
Republic Act No. 6975 is hereby amended to read
as follows:
"(3) Three (3) other members who are removable
only for cause to be chosen by the local peace and
order council from among the respected members
of the community known for their probity and
integrity, one (1) of whom must be a woman and
another a member of the Bar, or, in the absence
thereof, a college graduate, or the principal of the
central elementary school in the locality."
Sec68. The last paragraph of Section 43 (b)(3) of
Republic Act No. 6975 shall be amended to read as
follows:
"The Chairman of the PLEB shall be elected from
among its members. The term of office of the
members of the PLEB shall be for a period of three
(3) years from assumption of office. Such member
shall hold office until his successor shall have been
chosen and qualified."
Sec69: Compensation and Benefits. — Paragraph
c, Section 43 of Republic Act No. 6975 shall be
amended to read as follows:
"(c) Compensation. — Membership in the PLEB
is a civic duty. However, PLEB members shall be
paid per diem and shall be provided with life
insurance coverage as may be determined by the
city or municipal council from city or municipal
funds. The DILG shall provide for the per diem and
insurance coverage of PLEB members in certain
low income municipalities."
Sec70: Budget Allocation. — The annual budget of
the Local Government Units (LGU) shall include an
item and the corresponding appropriation for the
maintenance and operation of their local PLEBs.
The Secretary shall submit a report to Congress
and the President within fifteen (15) days from the
effectivity of this Act on the number of PLEBs
already organized as well as the LGUs still without
PLEBs. Municipalities or cities without a PLEB or
with an insufficient number of organized PLEBs
shall have thirty (30) more days to organize their
respective PLEBs. After such period, the DILG and
the Department of Budget and Management shall
withhold the release of the LGU's share in the
national taxes in cities and municipalities still
without PLEB(s).
Sec71: Request for Preventive Suspension. —
The PLEB may ask any authorized superior to
impose preventive suspension against a
subordinate police officer who is the subject of a
complaint lasting up to a period as may be allowed
under the law. A request for preventive suspension
shall not be denied by the superior officer in the
following cases:
a) when the respondent refuses to heed the
PLEB's summons or subpoena;
b) when the PNP personnel has been charged
with offenses involving bodily harm or grave
threats,
c) when the respondent is in a position to
tamper with the evidence; and
d) when the respondent is in a position to
unduly influence the witnesses.
Any superior who fails to act on any request for
suspension without valid grounds shall be held
administratively liable for serious neglect of duty.
Xxx
Executive Order No.292 (1987)
Book IV, Chapter 7
Sec38: Definition of Administrative Relationship.
— Unless otherwise expressly stated in the Code
or in other laws defining the special relationships of
particular agencies, administrative relationships
shall be categorized and defined as follows:
(3) Attachment. — (a) This refers to the lateral
relationship between the department or its
equivalent and the attached agency or corporation
for purposes of policy and program coordination.
The coordination may be accomplished by having
the department represented in the governing board
of the attached agency or corporation, either as
chairman or as a member, with or without voting
rights, if this is permitted by the charter; having the
attached corporation or agency comply with a
system of periodic reporting which shall reflect the
progress of programs and projects; and having the
department or its equivalent provide general
policies through its representative in the board,
which shall serve as the framework for the internal
policies of the attached corporation or agency;
(b) Matters of day-to-day administration or all
those pertaining to internal operations shall be left
to the discretion or judgment of the executive
officer of the agency or corporation. In the event
that the Secretary and the head of the board or the
attached agency or corporation strongly disagree
on the interpretation and application of policies, and
the Secretary is unable to resolve the
disagreement, he shall bring the matter to the
President for resolution and direction;
(c) Government-owned or controlled
corporations attached to a department shall submit
to the Secretary concerned their audited financial
statements within sixty (60) days after the close of
the fiscal year; and
(d) Pending submission of the required financial
statements, the corporation shall continue to
operate on the basis of the preceding year's budget
until the financial statements shall have been
submitted. Should any government-owned or
controlled corporation incur an operation deficit at
the close of its fiscal year, it shall be subject to
administrative supervision of the department; and
the corporation's operating and capital budget shall
be subject to the department's examination, review,
modification and approval.
Carpio vs. Executive Secretary (1992)
Facts:
With Art. XVI Sec. 6 Consti. 8 in mind, Congress
passed RA 6975, An Act establishing the PNP under
a reorganized DILG.
8 It is also the Commission which shall issue the
The State shall establish and maintain one police force, which shall be national
and scope and civilian in character, to be administered and controlled by a
national police commission. xxx
Petitioner filed a petition for review seeking the
Court’s declaration of unconstitutionality of RA 6975.
1. WON RA 6975 emasculated the NPC by limiting its
power to administrative control over the PNP, with
control over the PNP and the NPC remaining with the
DILG Sec.
Held: NO. merely an exercise by the President of his
control powers through his the DILG Sec.
Doctrine of Qualified Political Agency – The President
has to delegate some of his control powers to his
cabinet members as he cannot be expected to
exercise such all at the same time and in person.
The President’s power of control is directly exercised
by him over the members of the cabinet who, in turn,
and by his authority, control the bureaus and other
offices under their respective jurisdictions in the exec
dept.
Placing NAPOLCOM and the PNP under the
reorganized DILG is merely an administrative
realignment that would bolster a system of
coordination and cooperation among the citizenry,
local execs and the integrated law enforcement
agencies.
Organizational set-up does not violate the mandate of
the Consti. As Sec 14 of RA 6975 specifically
provides for administration and control at the
commission level.
2. WON the following are in derogation of the power
of control of the NAPOLCOM over the PNP:
1. power to choose the PNP Provincial Director
and the Chief of Police vested in the Governors
and Mayors, respectively (Sec 51)
2. power of operational supervision and control
over police units vested in city and municipal
mayors (Sec 51)
3. disciplinary powers over the PNP members
vested in the People’s Law Enforcement Boards
and in the city and municipal mayors. (Sec 51)
4. participation in appointments to positions of
Senior Superintendent to Deputy Dir. Gen. as
well as administration of qualifying entrance
exams vested in CSC (Sec 31)
Held: NO DEROGATION
Nos. 1 and 2 – No usurpation of the power of control
because under said provisions, the local executives
are only acting as representatives of the
NAPOLCOM. As such deputies, they are answerable
to the NAPOLCOM for their actions in the exercise of
their functions
No. 3 – Commission exercises appellate jurisdiction,
through the regional appellate boards, over decisions
of both the PLEB and the said mayors.
implementing guidelines and procedures to be
adopted by the PLEB for the conduct of its hearings.
As a disciplinary board primarily created to hear and
decide citizen’s complaints against erring officers and
members of the PNP, the establishment of the PLEBs
would all the more help professionalize the police
force.
On No. 4 – It precisely underscores the civilian
character of the national police force
3. WON Sec 12 RA 69759 constitutes an
encroachment upon, interference with, and an
abdication by the Pres. of executive control and
commander-in-chief powers.
Held: NO
Provision precisely gives muscle to and enforces the
proposition that the national police force does not fall
under the Commander-in-Chief powers of the
President. This is necessarily so since the police
force, not being integrated with the military, is not part
of the AFP.
Sec 12 simply provides for the transition period or
process during which the national police would
gradually assume the civilian function of safeguarding
the internal security of the State.
4. WON the creation of the Special Oversight
Committee under Sec 84 is an unconstitutional
encroachment upon the President’s power of control
over all executive depts., bureaus and offices
Held: NO
The SOC is merely a transitory or ad hoc body,
established and tasked solely with planning and
overseeing the immediate transfer, merger and
absorption into the DILG of the involved agencies.
Once its functions are carried out, it would cease to
exist.
Moreover, no executive dept. bureau or office is
placed under its control and authority.
The commission is not in the same category as the
independent Constitutional Commissions created by
the Constitution which are independent of the
Executive. It was even stressed during the
CONCOM deliberations that this commission would
be under the President’s, and ultimately the DILG
Sec.’s control.
DGNotes:
Art XVI Sec 6 Consti
- 1st sentence qualifies the 2nd. Law governing
power of local chief execs. must be consistent with
the 1st.
9
During a period of 24 mos. From the effectivity of this Act, the AFP shall
continue its present role of preserving the internal and external security of the
State: Provided, that the said period may be extended by the Pres if he finds it
justifiable, for another period not exceeding 24 mos, after which, the Dept. shall
automatically take over from the AFP the primary role of preserving external
security
Under CAB, both NAPOLCOM and PNP were under
the DILG.
- GOOD LAW?
NO. Under RA 8551, the DILG and the
NAPOLCOM are attached agencies, both under
the President. The PNP is now under the
NAPOLCOM.
Andaya vs. RTC (1999)
 The position of City Director, Cebu City
Police Command (chief of police) became
vacant.
 Andaya, Regional Director of the Regional
Police Command No. 7, submitted to the City
Mayor of Cebu a list of 5 eligibles for the mayor
to choose one to be appointed as the chief of
police.
 The mayor did not choose anyone from the
list because the name of P/Chief Inspector
Andres Sarmiento was not included therein.
 Andaya refused to agree to Mayor Garcia’s
request to include the name of Major Sarmiento
in the list of recommendees. His refusal was
based on his contention that Sarmiento was not
qualified for the position.
WON the mayor may require the Regional Director to
include the mayor’s protégé in the list of 5 eligibles to
be recommended by the Regional Dir. from which the
mayor shall choose the chief of police – NO
 RA 6975, Sec. 51 gives authority to the Cebu
City mayor to choose the chief of police from a
list of 5 eligibles to recommended by the
Regional Director, Regional Police Command No.
7.
 Under RA 6975, Sec. 51, the mayor of Cebu
City shall be deputized as representative of
NAPOLCOM in his territorial jurisdiction and as
such, the mayor shall have authority to choose
the chief of police from a list of 5 eligibles
recommended by the Police Regional Director.
The City Police Station of Cebu City is under the
direct command and control of the PNP Regional
Director, Regional Police Command No. 7, and is
equivalent to a provincial office. Then, the
Regional Director, Regional Police Command No.
7 appoints the officer selected by the mayor as
the chief of police.
 It is the prerogative of the Regional Police
Director to name the 5 eligibles from a pool of
eligible officers screened by the Senior Officers
Promotion and Selection Board, Headquarters,
PNP, Camp Crame, without interference from
local executives.
 In case of disagreement between the
Regional Police Director and the Mayor, the
question shall be elevated to the Regional
Director, NAPOLCOM, who shall resolve the
issue within 5 working days from receipt and
whose decision on the choice of the Chief of
Police shall be final and executory.
 As deputy of the Commission, the authority
of the mayor is very limited. In reality, he has no
power of appointment; he has only the limited
power of selecting one from among the list of 5
eligibles to be named the chief of police.
 Actually, the power to appoint the chief of
police is vested in the Regional Director,
Regional Police Command No. 7. Much less
may the mayor require the Regional Director,
Regional Police command, to include the name
of any officer, no matter how qualified, in the list
of 5 to be submitted to the mayor. The purpose
is to enhance police professionalism and to
isolate the police service from political
domination.
Petition granted.
Canonizado vs. Aguirre (2000)
 The NAPOLCOM was originally created
under RA 6975 entitled “An Act Establishing the
Philippine National Police Under A Reorganized
Department of the Interior and Local
Government, and for Other Purposes.”
 RA 8551 later on took effect. It declared that
the terms of the current Commissioners were
deemed as expired upon its effectivity.
 Pursuant to this, Pres. Ramos appointed
Cairme and Adiong to the NAPOLCOM.
Completing the membership were Magahum and
Factoran, who were appointed by Pres. Estrada.
 According to petitioners, secs. 4 and 8 of RA
8551 are unconstitutional:
o Sec. 4 – See Ra 8551
o Sec. 8: Upon the effectivity of this
Act, the terms of office of the current
Commissioners are deemed expired which
shall constitute a bar to their reappointment
or an extension of their terms in the
Commission except for current
Commissioners who have served less than 2
years of their terms of office who may be
appointed by the Pres. for a maximum term
of 2 years.
WON the removal of petitioners from office by virtue
of Sec. 8 violates their security of tenure – YES
 Petitioners are members of the civil service,
which embraces all branches, subdivisions,
instrumentalities and agencies of the
government. As such, they cannot be removed
or suspended from office, except for cause
provided by law. The phrase “except for cause
provided by law” refers to reasons which the law
and sound public policy recognize as sufficient
warrant for removal, that is, legal cause, and not
merely causes which the appointing power in the
exercise of discretion may deem sufficient.
Aguirre, et. al.: The express declaration in Sec. 8, RA
8551 that the terms of petitioners’ offices are deemed
expired discloses the legislative intent to impliedly
abolish the NAPOLCOM created under RA 6975
pursuant to a bona fide reorganization. The various
changes introduced by RA 8551 in the functions,
composition and character of the NAPOLCOM is
proof of Congress’ intention to abolish the body
created under RA 6975 in order to replace it with a
new NAPOLCOM which is more civilian in nature.
 The creation and abolition of public officers is
primarily a legislative function. Congress may
abolish any office it creates without impairing the
officer’s right to continue in the position held and
such power may be exercised for various
reasons, such as the lack of funds or in the
interest of the economy. However, in order for
the abolition to be valid, it must be made in good
faith, not for political or personal reasons, or in
order to circumvent the constitutional security of
tenure of civil service ees.
 Mayor v. Macaraig: Abolition of an office is
not the same as the declaration that that
office is vacant. While it is a prerogative of the
legislature to abolish certain offices, it cannot be
conceded the power to simply pronounce those
offices vacant and thereby effectively remove the
occupants or holders thereof from the civil
service. Such an act would constitute, on its
face, an infringement of the constitutional
guarantee of security of tenure, and will have to
be struck down on that account.
 This is precisely what RA 8551 seeks to
do – declare the offices of petitioners vacant,
by declaring that “the terms of office of the
current Commissioners are deemed expired,”
thereby removing petitioners from the civil
service. Congress may only be conceded this
power if it is done pursuant to a bona fide
abolition of the NAPOLCOM.
 RA 8551 did not expressly abolish petitioners’
positions. In order to determine whether there
has been an implied abolition, it becomes
necessary to examine the changes introduced by
the new law in the nature, composition and
functions of the NAPOLCOM.
 It is pointed out that under RA 6975, the
NAPOLCOM was described as a collegial body
within the DILG, whereas under RA 8551, it is
made an agency attached to the Dept. for policy
 and program coordination. However, this change
does not result in the creation of a new office.
 The organizational structure of NAPOLCOM
remains essentially the same and except for the
addition of the PNP Chief as ex-officio member,
the composition of NAPOLCOM is also
substantially identical under the 2 laws. Also,
under both laws, the Sec. of the Dept. shall act
as the ex-officio Chairman of NAPOLCOM and
the Vice-Chairman shall be one of the
Commissioners designated by the Pres.
 Also, the powers and duties of the
NAPOLCOM remain basically unchanged by the
amendments. (see pp. 322-324 for enumeration
of functions in RA 6975 and RA 8551.) Clearly,
the NAPOLCOM continues to exercise
substantially the same administrative,
supervisory, rule-making, advisory and
adjudicatory functions.
Aguirre, et. al.: The fact that the NAPOLCOM is now
vested with administrative control and operational
supervision over the PNP, whereas under RA 6975, it
only exercised administrative control should be
construed as evidence of legislative intent to abolish
such office.
 Control means the power of an officer to alter
or modify or set aside what a subordinate officer
had done in the performance of his duties and to
substitute the judgment of the former for that of
the latter. On the other hand, to supervise is to
oversee, to have oversight of, to superintend the
execution of or the performance of a thing, or the
movements or work of a person, to inspect with
authority; it is the power or authority of an officer
to see that subordinate officers perform their
duties.
 Thus, the power of control necessarily
encompasses the power of supervision and
adding the phrase “operational supervision”
under the powers of the NAPOLCOM would not
bring about a substantial change in its functions.
 There was no reorganization resulting in the
abolition of petitioners’ offices. Reorganization
takes place when there is an alteration of the
existing structure of government offices or
units therein, including the lines of control,
authority and responsibility between them. It
involves a reduction of personnel,
consolidation of offices, or abolition thereof
by reason of economy or redundancy of
functions. It may result in the loss of one’s
position through the abolition of an office.
However, for a reorganization to be valid, it
must also pass the test of good faith.
 As a general rule, a reorganization is
carried out in “good faith” if it is for the
purpose of economy or to make bureaucracy
more efficient. In that event, no dismissal or
separation actually occurs because the position
itself ceases to exist. Be that as it may, if the
“abolition”, which is nothing more but a
separation or removal, is done for political
reasons or purposely to defeat security of
tenure, or otherwise not in good faith, no
valid “abolition” takes place. An example is
where there is merely a change of nomenclature
of positions, or where claims of economy are
belied by the existence of ample funds.
 RA 8551 effected a reorganization of the
PNP, not of the NAPOLCOM. They are 2
separate and distinct bodies, with one having
supervision and control over the other. In fact, it
is the NAPOLCOM that is given the duty of
submitting a proposed reorganization plant of the
PNP to Congress.
 The basic structure of the NAPOLCOM
has been preserved by the amendatory law.
There has been no revision in its lines of
control, authority and responsibility, neither
has there been a reduction in its membership,
nor a consolidation or abolition of the offices
constituting the same.
 No bona fide reorganization of NAPOLCOM
having been mandated by Congress, RA 8551,
insofar as it declares the terms of office of the
incumbent Commissioners as expired and
resulting in their removal from office, removes
civil service ees from office without legal cause
and must therefore be struck down for being
constitutionally infirm.
Canonizado, et. al.: Sec. 4 unconstitutional insofar as
it limits the law enforcement sector to only 1 position
on the Commission and categorizes the police as
being part of the law enforcement sector despite the
provision in the Consti. Which provides that the
police force shall be civilian in character.
They also claim that the requirement in Sec. 4 that
one of the Commissioners shall be a woman has no
rational basis and is therefore discriminatory,
amounting to class legislation and an undue
restriction on the appointing power of the Pres.
 There is no longer any need to pass upon
these remaining constitutional questions. The
legislator has the power to provide for the
composition of NAPOLCOM since it created such
body. These questions also go into the very
wisdom of the law.
Sec. 8 unconstitutional and petitioners are
entitled to be reinstated.
Canonizado vs. Aguirre (2001)
Facts:
 Respondents are seeking a reconsideration
of the SC decision declaring sec. 8 of RA 8551 to
be violative of petitioners’ constitutionally
mandated right to security of tenure.
 During the pendency of the case, Pres.
Estrada had appointed Alexis Canonizado to the
position of Inspector General of the Internal
Affairs Service (IAS) of the PNP.
 By accepting such position, respondents
contend that Canonizado is deemed to have
abandoned his claim for reinstatement to the
NAPOLCOM since the offices of NAPOLCOM
Commissioner and Inspector General of the IAS
are incompatible.
WON Canonizado’s appointment to and acceptance
of his position of Inspector Gen. should result in an
abandonment of his claim for reinstatement to the
NAPOLCOM – NO
 Abandonment of an office is the voluntary
relinquishment of an office by the holder, with the
intention of terminating his possession and
control thereof. There are, therefore 2 essential
elements of abandonment:
o An intention to abandon
o An overt or “external” act by which
the intention is carried into effect.
 Generally, a person holding a public office
may abandon such office by nonuser or
acquiescence. Non-user refers to a neglect to
use a right or privilege or to exercise an office.
However, nonperformance of the duties of an
office does not constitute abandonment
where such nonperformance results from
temporary disability or from involuntary
failure to perform.
 Abandonment may also result from an
acquiescence by the officer in his wrongful
removal or discharge. Where, while desiring and
intending to hold the office, and with no willful
desire or intention to abandon it, the public officer
vacates it in deference to the requirements of a
statute which is afterwards declared
unconstitutional, such a surrender will not be
deemed an abandonment and the officer may
recover the office.
 By accepting the position of Inspector
General during the pendency of the present
case, Canonizado cannot be deemed to have
abandoned his claim for reinstatement to the
latter position. Canonizado did not
voluntarily leave his post as Commissioner,
but was compelled to do so on the strength of
Sec. 8 of RA 8551, which was struck down for
being violative of petitioners’ constitutionally
guaranteed right to security of tenure.
 The removal of petitioners from their
positions by virtue of a constitutionally infirm
act necessarily negates a finding of voluntary
relinquishment.
 It is well-settled that he who, while occupying
one office, accepts another incompatible with the
first, ipso fact vacates the first office and his title
is thereby terminated without any other act or
proceeding. Public policy considerations dictate
against allowing the same individual to perform
inconsistent and incompatible duties.
 The incompatibility contemplated is not the
mere physical impossibility of one person’s
performing the duties of the 2 offices due to a
lack of time or the inability to be in 2 places at the
same moment, but that which proceeds from the
nature and relations of the 2 positions to each
other as to give rise to contrariety and
antagonism should one person attempt to
faithfully and impartially discharge the duties of
one toward the incumbent of the other.
 The positions of NAPOLCOM Commissioner
and Inspector Gen. of the IAS are incompatible
with each other. RA 8551 prohibits any
personnel of the IAS from sitting in a committee
charged with the task of deliberating on the
appointment, promotion, or assignment any PNP
personnel, whereas the NAPOLCOM has the
power of control and supervision over the PNP.
However, the rule on incompatibility of duties will
not apply to the CAB because at no point did
Canonizado discharge the functions of the 2
offices simultaneously. Canonizado was forced out
of his first office by the enactment of Sec. 8, RA 8551.
Thus, when he was appointed as Inspector Gen., he
had ceased to discharge his official functions as
NAPOLCOM Commissioner. As a matter of fact, on
the same date of his appointment as Inspector Gen.,
the appointments of 4 regular members of the
NAPOLCOM were completed. Thus, the
incompatibility of duties rule never had a chance to
come into play for petitioner never occupied the 2
positions nor discharged their respective functions
Rodriguez vs. CA (2002)
Facts:
In an entrapment Rodriguez, et. al. were caught
asking for money from an alleged traffic violator.
3 cases were filed:
1. administrative case for grave misconduct
- filed with NAPOLCOM
2. administrative case for summary dismissal
- filed with NAPOLCOM
3. A charge for robbery/extortion
- filed with Headquarters, PC-INP
February 7, 1991: 3 policemen were summarily
dismissed by PNP Chief Major General Nazareno
- petitioner appealed to the NAPOLCOM
National Appellate Board
1. NAPOLCOM National Appellate Board dismissed
petitioner’s appeal and denied the motion for
reconsideration.
2. CA denied petitioner’s petition for lack of merit.
Issue: WON the Court of Appeals erred when it
dismissed the petition for certiorari and mandamus
filed by petitioner PFC Rodolfo Rodriguez.
Held: NO, Court of Appeals committed no reversible
error of law in dismissing petitioner’s special civil
action for certiorari and mandamus.
1. Pursuant to the Civil Service Law which outlines
the procedure for dismissal and Rule XIV of the
Omnibus Rules Implementing Book V of the
Administrative Code of 1987 provides:
- where a police officer is dismissed by the
PNP Director General and the dismissal is
affirmed by the NAPOLCOM National Appellate
Board, the proper remedy is to appeal the
dismissal with the DILG Secretary
- That the NAPOLCOM Chairman is also the
DILG Secretary is of no moment
o under the aforecited laws and
regulations, only the DILG Secretary can act
on the appeal.
- Besides, what is involved here is not the sole
act of the NAPOLCOM Chairman, but the
decision of the Commission.
o Should the DILG Secretary’s
decision prove adverse to appellant, then he
as the aggrieved party may bring an appeal
to the Civil Service Commission.
- In instances where the CSC denies the
appeal,
o the remedy under R.A. No. 7902
would be to appeal the adverse decision to
the Court of Appeals.
- In the instant case, petitioner had three
opportunities to appeal the decision of the
NAPOLCOM.
o He chose not to avail of them, but
instead opted to file an action for certiorari
and mandamus with the appellate court.
-- Neither certiorari nor mandamus can substitute for
appeal where the latter is the proper remedy. The
extraordinary remedies of certiorari, prohibition, and
mandamus will lie only when there is no appeal or
any plain, speedy, and adequate remedy in the
ordinary course of law
2. Why appeal to the CSC?
Republic v. Asuncion: “the civilian character of the
PNP is unqualified, unconditional, and all embracing.”
- Members of the PNP are deemed civilian
personnel of the government.
- Police officers and personnel are part of the
civil service. This is expressly recognized by R.A.
No. 6975 when it provided for the applicability of
civil service laws to all its personnel in Section 91
thereof, which states:
SEC. 91. Application of Civil Service
Laws. – The Civil Service Law and its
implementing rules and regulations
shall apply to all personnel of the
Department.
Petition denied.
People vs. Velarde (2002)
Facts:
 On May 11, 1997, Crispin Velarde was arrested by
the barangay tanods and officials of Tikay, Malolos
in connection with the rape and murder of an 8-
eight year old child named Brenda Candelaria.
 He was tagged by some witnesses as the person
last seen with the child, whose dead body was later
found in a grassy vacant lot.
 Velarde was initially brought to the Barangay Hall of
Barangay Tikay, and then to the Malolos Police
Station, where he was incarcerated and allegedly
mauled.
 On May 14, 1997, his case was referred by the
Malolos police to the incumbent mayor of Malolos,
Bulacan, Atty. Danilo Domingo, who asked that
Velarde be brought to him. Upon advice of the
mayor, Velarde’s written extrajudicial confession
was taken. During the investigation, Velarde was
assisted by the mayor as counsel. Armed police
officers were also present during the investigation.
Issue1: WON Atty. Domingo, incumbent mayor of
Malolos, could be considered a competent and
independent counsel qualified to assist Velarde
who was then under custodial investigation
Held1: No
 Under the circumstances, Atty. Domingo cannot be
considered as an independent counsel. He was the
mayor of Malolos at the time. As such, he exercised
“operational supervision and control” over the PNP
unit in that municipality. His powers included the
utilization of the elements thereof for the
maintenance of peace and order, the prevention of
crimes, the arrest of criminal offenders and the
bringing of offenders to justice.
As mayor of Malolos, his duties were inconsistent
with those of his responsibilities to appellant, who
was already incarcerated and tagged as the main
suspect in the rape-slay case. Serving as counsel
of appellant placed him in direct conflict with his
duty of “operational supervision and control “ over
the police.
 What the constitution requires in Art. III Sec. 12(1)
is the present of competent and independent
counsel, one who will effectively undertake his
client’s defense without any intervening conflict of
interest.
Evidently, Atty. Domingo, being the mayor of the
place where the investigation was taken, could not
act as counsel, independent or otherwise, of
appellant.
The desired role of counsel in the process of
custodial investigation is rendered meaningless if
the lawyer gives perfunctory advice as opposed to
a meaningful advocacy of the rights of the person
undergoing questioning. If the advice given is so
cursory as to be useless, voluntariness is impaired.
 During the investigation, Atty. Domingo failed to act
as the independent and competent counsel
envisioned by the constitution. He failed to give any
meaningful advice to protect the rights of appellant.
The former did not even bother to inform the latter
of the consequences of an extrajudicial confession.
During the cross-examination of the investigator
(witness for prosecution), he even went so far as to
state that Atty. Domingo had not acted as
appellant’s lawyer. If this were so, then appellant
had absolutely no counsel when his extra-judicial
confession was taken.
It is clear that appellant was not assisted by a
competent and independent counsel during the
custodial investigation and the taking of this
extrajudicial confession. Hence, the Court is duty
bound to disregard the extra-judicial confession.
Inter-Local Government Relations
Sec3: Operative Principles of Decentralization.
(e) Provinces with respect to component cities
and municipalities, and cities and municipalities
with respect to component barangays, shall ensure
that the acts of their component units are within the
scope of their prescribed powers and functions;
Sec29: Provincial Relations with Component
Cities and Municipalities. — The province,
through the governor, shall ensure that every
component city and municipality within its territorial
jurisdiction acts within the scope of its prescribed
powers and functions. Highly urbanized cities and
independent component cities shall be independent
of the province.
Sec30: Review of Executive Orders. —
(a) Except as otherwise provided under the
Constitution and special statutes, the governor
shall review all executive orders promulgated by
the component city or municipal mayor within his
jurisdiction. The city or municipal mayor shall
review all executive orders promulgated by the
punong barangay within his jurisdiction. Copies of
such orders shall be forwarded to the governor or
the city or municipal mayor, as the case may be,
within three (3) days from their issuance. In all
instances of review, the local chief executive
concerned shall ensure that such executive orders
are within the powers granted by law and in
conformity with provincial, city, or municipal
ordinances.
(b) If the governor or the city or municipal mayor
fails to act on said executive orders within thirty
(30) days after their submission, the same shall be
deemed consistent with law and therefore valid.
Sec31: Submission of Municipal Questions to the
Provincial Legal Officer or Prosecutor. — In the
absence of a municipal legal officer, the municipal
government may secure the opinion of the
provincial legal officer, and in the absence of the
latter, that of the provincial prosecutor on any legal
question affecting the municipality.
Sec32: City and Municipal Supervision over Their
Respective Barangays. — The city or municipality,
through the city or municipal mayor concerned,
shall exercise general supervision over component
barangays to ensure that said barangays act within
the scope of their prescribed powers and functions.
Sec33: Cooperative Undertakings Among Local
Government Units. — Local government units
may, through appropriate ordinances, group
themselves, consolidate, or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them. In support of such undertakings,
the local government units involved may, upon
approval by the sanggunian concerned after a
public hearing conducted for the purpose,
contribute funds, real estate, equipment, and other
kinds of property and appoint or assign personnel
under such terms and conditions as may be agreed
upon by the participating local units through
Memoranda of Agreement.
Relations with Peoples’ and Non-governmental
Organizations
Sec34: Role of People's and Non-governmental
Organizations. — Local government units shall
promote the establishment and operation of
people's and non-governmental organizations to
become active partners in the pursuit of local
autonomy.
Sec35: Linkages with People's and Non-
governmental Organizations. — Local
government units may enter into joint ventures and
such other cooperative arrangements with people's
 and non-governmental organizations to engage in
the delivery of certain basic services, capability-
building and livelihood projects, and to develop
local enterprises designed to improve productivity
and income, diversity agriculture, spur rural
industrialization, promote ecological balance, and
enhance the economic and social well-being of the
people. cdt
Sec36: Assistance to People's and Non-
governmental Organizations. — A local
government unit may, through its local chief
executive and with the concurrence of the
sanggunian concerned, provide assistance,
financial or otherwise, to such people's and non-
governmental organizations for economic, socially-
oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
Local Pre-qualification, Bids and Awards
Committee
Sec37: Local Prequalification, Bids and Awards
Committee (Local PBAC). —
(a) There is hereby created a local prequalification,
bids and awards committee in every province, city,
and municipality, which shall be primarily
responsible for the conduct of prequalification of
contractors, bidding, evaluation of bids, and the
recommendation of awards concerning local
infrastructure projects. The governor or the city or
municipal mayor shall act as the chairman with the
following as members:
(1) The chairman of the appropriations
committee of the sanggunian concerned;
(2) A representative of the minority party in the
sanggunian concerned, if any, or if there be
none, one (1) chosen by said sanggunian
from among its members;
(3) The local treasurer;
(4) Two (2) representatives of non-governmental
organizations that are represented in the
local development council concerned, to be
chosen by the organizations themselves; and
(5) Any practicing certified public accountant
from the private sector, to be designated by
the local chapter of the Philippine Institute of
Certified Public Accountants, if any.
Representatives of the Commission on Audit shall
observe the proceedings of such committee and
shall certify that the rules and procedures for
prequalification, bids and awards have been
complied with.
(b) The agenda and other information relevant to
the meetings of such committee shall be
deliberated upon by the committee at least one (1)
week before the holding of such meetings.
(c) All meetings of the committee shall be held in
the provincial capitol or the city or municipal hall.
The minutes of such meetings of the committee
and any decision made therein shall be duly
recorded, posted at a prominent place in the
provincial capitol or the city or municipal hall, and
delivered by the most expedient means to elective
local officials concerned.
Sec38: Local Technical Committee. —
(a) There is hereby created a local technical
committee in every province, city and municipality
to provide technical assistance to the local
prequalification, bids and awards committees. It
shall be composed of the provincial, city or
municipal engineer, the local planning and
development coordinator, and such other officials
designated by the local prequalification, bids and
awards committee.
(b) The chairman of the local technical
committee shall be designated by the local
prequalification, bids and awards committee and
shall attend its meeting in order to present the
reports and recommendations of the local technical
committee.
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Dossie Easton
TITLE TWO: ELECTIVE
OFFICIALS
Qualifications and Elections
Sec39: Qualifications. —
(a) An elective local official must be a citizen of the
Philippines; a registered voter in the barangay,
municipality, city, or province or, in the case of a
member of the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan,
the district where he intends to be elected; a
resident therein for at least one (1) year
immediately preceding the day of the election; and
 able to read and write Filipino or any other local
language or dialect.
(b) Candidates for the position of governor, vice-
governor, or member of the sangguniang
panlalawigan, or mayor, vice-mayor or member of
the sangguniang panlungsod of highly urbanized
cities must be at least twenty-one (21) years of age
on election day.
(c) Candidates for the position of mayor or vice-
mayor of independent component cities,
component cities, or municipalities must be at least
twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the
sangguniang panlungsod or sangguniang bayan
must be at least eighteen (18) years of age on
election day.
(e) Candidates for the position of punong
barangay or member of the sangguniang barangay
must be at least eighteen (18) years of age on
election day.
(f) Candidates for the sangguniang kabataan
must be at least fifteen (15) years of age but not
more than twenty-one (21) years of age on election
day.
Sec40: Disqualifications. — The following persons
are disqualified from running for any elective local
position:
(a) Those sentenced by final judgment for an
offense involving moral turpitude or for an offense
punishable by one (1) year or more of
imprisonment, within two (2) years after serving
sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for
violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-
political cases here or abroad;
(f) Permanent residents in a foreign country or
those who have acquired the right to reside abroad
and continue to avail of the same right after the
effectivity of this Code; and
(g) The insane or feeble-minded.
Sec41: Manner of Election. —
(a) The governor, vice-governor, city mayor, city
vice-mayor, municipal mayor, municipal vice-mayor,
and punong barangay shall be elected at large in
their respective units by the qualified voters therein.
However, the sangguniang kabataan chairman for
each barangay shall be elected by the registered
voters of the katipunan ng kabataan, as provided in
this Code.
(b) The regular members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan shall be elected by district, as
may be provided for by law. Sangguniang barangay
members shall be elected at large. The presidents
of the leagues of sanggunian members of
component cities and municipalities shall serve as
ex officio members of the sangguniang
panlalawigan concerned. The presidents of the
"liga ng mga barangay and the pederasyon ng mga
sangguniang kabataan" elected by their respective
chapters, as provided in this Code, shall serve as
ex officio members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan. (Has been amended by
RA8553)
(c) In addition thereto, there shall be one (1)
sectoral representative from the women, one (1)
from the workers, and one (1) from any of the
following sectors: the urban poor, indigenous
cultural communities, disabled persons, or any
other sector as may be determined by the
sanggunian concerned within ninety (90) days prior
to the holding of the next local elections as may be
provided for by law. The COMELEC shall
promulgate the rules and regulations to effectively
provide for the election of such sectoral
representatives.
Sec42: Date of Election. — Unless otherwise
provided by law, the elections for local officials shall
be held every three (3) years on the second
Monday of May.
Sec43: Term of Office. —
(a) The term of office of all local elective officials
elected after the effectivity of this Code shall be
three (3) years, starting from noon of June 30, 1992
or such date as may be provided for by law, except
that of elective barangay officials: Provided, That all
local officials first elected during the local elections
immediately following the ratification of the 1987
Constitution shall serve until noon of June 30,
1992.
(b) No local elective official shall serve for more
than three (3) consecutive terms in the same
position. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official concerned was
elected.
(c) The term of office of barangay officials and
members of the sangguniang kabataan shall
be for three (3) years, which shall begin after
the regular election of barangay officials on
the second Monday of May 1994.
Members of the Sanggunian
RA7160 – Local Government Code
Sec41: Manner of Election. —
(a) The governor, vice-governor, city mayor, city
vice-mayor, municipal mayor, municipal vice-mayor,
and punong barangay shall be elected at large in
 their respective units by the qualified voters therein.
However, the sangguniang kabataan chairman for
each barangay shall be elected by the registered
voters of the katipunan ng kabataan, as provided in
this Code.
(b) The regular members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan shall be elected by district, as
may be provided for by law. Sangguniang barangay
members shall be elected at large. The presidents
of the leagues of sanggunian members of
component cities and municipalities shall serve as
ex officio members of the sangguniang
panlalawigan concerned. The presidents of the
"liga ng mga barangay and the pederasyon ng mga
sangguniang kabataan" elected by their respective
chapters, as provided in this Code, shall serve as
ex officio members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan. (Has been amended by
RA8553)
(c) In addition thereto, there shall be one (1)
sectoral representative from the women, one (1)
from the workers, and one (1) from any of the
following sectors: the urban poor, indigenous
cultural communities, disabled persons, or any
other sector as may be determined by the
sanggunian concerned within ninety (90) days prior
to the holding of the next local elections as may be
provided for by law. The COMELEC shall
promulgate the rules and regulations to effectively
provide for the election of such sectoral
representatives.
RA6636 (1987) - An Act Resetting The Local
Elections From November 9, 1987 To January 18,
1988, Amending For This Purpose Executive
Order Numbered Two Hundred And Seventy
(EO270)
Sec1: Section 1 of Executive Order No. 270 is
hereby amended to read as follows:
"Sec. 1. Election of local official. — There shall
be elections for provincial governors, provincial
vice-governor, city and municipal mayors, city and
municipal vice-mayors, and members of each
Sangguniang Panlalawigan, Sangguniang
Panlungsod, and Sangguniang Bayan, including all
members of the city or municipal boards or councils
in the Metropolitan Manila area to be held on
Monday, January 18, 1988. Certificates of
candidacy for the aforesaid local elective positions
shall be filed not later than sixty (60) days prior to
the said elections.
All local officials, whether elected, acting or officers-
in-charge, shall be deemed automatically resigned
from their positions effective upon the filing of their
certificates of candidacy for any local position
which shall not be later than forty-five (45) days
prior to the said elections. If the governor or the city
or municipal mayor or the officer-in-charge of that
office is a candidate, and unless the Secretary of
Local Government designates another person, the
following local officials shall act as officer-in-charge
of the position vacated in a concurrent capacity in
the order hereinbelow provided:
"a) Chief, Senior and Local Government Officers
for provinces, cities and municipalities,
respectively;
"b) Provincial/City/Municipal Administrator;
"c) Provincial/City/Municipal Health Officer.
"In case of vacancies in the Sangguniang
Panlalawigan, Sangguniang Panlungsod, or
Sangguniang Bayan on account of the candidacies
of their members, the Secretary of Local
Government shall designate acting members from
qualified voters in the province, city or municipality
to fill such vacancies."
Sec2: Metro Manila Area. — For purposes of the
Local Elections on January 18, 1988, the City of
Manila, Quezon City and the City of Caloocan shall
have six (6) councilors for each of their
representative districts who shall be residents
thereof to be elected by the qualified voters therein.
The City of Pasay and the Municipalities of Makati,
Parañaque, Pasig, Marikina, and Valenzuela, each
of which comprises a representative district, shall
have twelve (12) councilors each to be elected at
large by the qualified voters of the said city or
municipality. All the other municipalities within the
Metropolitan Manila area shall have ten (10)
councilors each, with the exception of the
Municipality of Pateros which shall have eight (8)
councilors, to be elected at large by their respective
qualified voters.
Sec3: Other Cities. — The provision of any law to
the contrary notwithstanding the City of Cebu, City
of Davao, and any other city with more than one
representative district shall have eight (8)
councilors for each district who shall be residents
thereof to be elected by the qualified voters therein,
provided that the cities of Cagayan de Oro,
Zamboanga, Bacolod, Iloilo and other cities
comprising a representative district shall have
twelve (12) councilors each and all other cities shall
have ten (10) councilors each to be elected at large
by the qualified voters of the said cities: Provided,
That in no case shall the present number of
councilors according to their charters be reduced.
Sec4: Provinces and Municipalities. — First and
second class provinces shall each have ten (10)
elective members; third and fourth class provinces,
eight; and fifth and sixth class provinces, six to be
elected at large by the qualified voters therein.
All other municipalities shall have the same number
of elective members as provided in existing laws.
November 6, 1987.
RA7166 – An Act Providing For Synchronized
National And Local Elections And For Electoral
Reforms, Authorizing Appropriations Therefor,
And For Other Purposes
Sec3: Election of Members of the Sangguniang
Panlalawigan, Sanggunian Panlungsod and
Sangguniang Bayan. — The elective members of
the Sangguniang Panlalawigan, Sangguniang
Panlungsod and Sangguniang Bayan shall be
elected as follows:
(a) For provinces with two (2) or more legislative
districts, the elective members of the Sangguniang
Panlalawigan shall be elected by legislative
districts. For this purpose, the number of seats
shall be apportioned equitably: Provided, That, if
equal division is not possible, the remaining
member or members shall be elected in the district
or districts with the greater number of population or,
if they be the same, with the greater number of
voters: Provided further, That, if a legislative district
includes a city that does not vote in the election of
provincial officials, the Commission on Elections,
hereinafter referred to as the Commission, shall
allocate the number of seats among the districts in
proportion to the population of the constituencies
voting for the Sangguniang Panlalawigan;
(b) For provinces with only one (1) legislative
district, the Commission shall divide them into two
(2) districts for purposes of electing the members of
the Sangguniang Panlalawigan, as nearly as
practicable according to the number of inhabitants,
each district comprising a compact, contiguous and
adjacent territory, and the number of seats of
elective members of their respective sanggunian
shall be equitably apportioned between the districts
in accordance with the immediately preceding
paragraph;
(c) The number and election of elective
members of the Sangguniang Panlungsod and
Sangguniang Bayan in the Metro Manila Area, City
of Cebu, City of Davao and any other city with two
(2) or more legislative districts shall continue to be
governed by the provisions of Sections 2 and 3 of
Republic Act No. 6636: Provided, That, the
Municipalities of Malabon, Navotas, San Juan,
Mandaluyong, Muntinlupa, Las Piñas and Taguig
shall have twelve (12) councilors, and Pateros, ten
(10): Provided, further, That, the Commission shall
divide each of the municipalities in Metro Manila
Area into two (2) districts by barangay for purposes
of representation in the Sangguniang Bayan as
nearly as practicable according to the number of
inhabitants, each comprising a compact,
contiguous and adjacent territory; and
(d) For purposes of the regular elections on May
11, 1992, elective members of the Sangguniang
Panlungsod and Sangguniang Bayan shall be
elected a large in accordance with existing laws.
However, beginning with the regular elections in
1995, they shall be elected by district.
The Commission shall promulgate rules and
regulations to effective provide for the election of
sectoral representatives in the implementation of
the Local Government Code.
Approved: November 26, 1991
RA7887 – An Act Instituting Electoral Reforms For
The Purpose Of Amending Section 3, Paragraphs
(C) And (D) Of RA7166
Sec1: Section 3, paragraphs (c) and (d) of Republic
Act No. 7166, is hereby amended to read as
follows:
"(c) The number and election of elective
members of the sangguniang panlungsod and
sangguniang bayan in the Metro Manila area, City
of Cebu, City of Davao and any other city with two
(2) or more legislative districts shall be elected by
districts and in accordance with the provisions of
Sections 2 and 3 of Republic Act No. 6636:
Provided, That, all cities with one (1) legislative
district and all municipalities in the Metro Manila
area shall have twelve (12) councilors each:
Provided, further, That, the Commission shall divide
all cities with one legislative district and each of the
municipalities in Metro Manila area into two (2)
districts by barangay for purposes of representation
in the sangguniang bayan as nearly as practicable
according to the number of inhabitants, each
district comprising a compact, contiguous and
adjacent territory; and
"(d) For purposes of the regular elections on May
11, 1992 and all general elections thereafter, the
regular elective members of the sangguniang
panlungsod and sangguniang bayan, shall be
elected at large in accordance with existing laws.
"The Commission shall promulgate rules and
regulations to effectively implement the provisions
of law which may hereafter be enacted providing
for the election of sectoral representatives."
Approve: February 20, 1995
RA8553 – An Act Amending Section 41(B) Of
RA7160, Otherwise Known As The Local
Government Code Of 1991
Sec1: Section 41(b) of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
 "(b) The regular members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan shall be elected by district as
follows:
"First and second-class provinces shall have ten
(10) regular members; third and fourth-class
provinces, eight (8); and fifth and sixth-class
provinces, six (6): Provided, That in provinces
having more than five (5) legislative districts, each
district shall have two (2) sangguniang
panlalawigan members, without prejudice to the
provisions of Section 2 of Republic Act No. 6637.
Sangguniang barangay members shall be elected
at large. The presidents of the leagues of
sanggunian members of component cities and
municipalities shall serve as ex officio members of
the sangguniang panlalawigan concerned. The
presidents of the liga ng mga barangay and the
pederasyon ng mga sangguniang kabataan elected
by their respective chapters, as provided in this
Code, shall serve as ex officio members of the
sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan."
Sec2: Upon the petition of the provincial board, the
election for any additional regular member to the
sangguniang panlalawigan as provided for under
this Act, shall be held not earlier than six (6)
months after the May 11, 1998 national and local
elections.
Approved: February 25, 1998
Herrera vs. COMELEC (1999)
FACTS:
 Sangguniang Panlalawigan of Guimaras passed
Resolution No. 68 requesting COMELEC to bring
about the division of the Province into two
provincial districts, in view of the addition of 2
new municipalities, San Lorenzo & Sibunag.
 Disagreement ensued on how the districts therein
should be divided for purpose of electing
members of the Sangguniang Panlalawigan:
according to number of inhabitants, or
according to number of registered voters
APPLICABLE LAWS:
§4 RA6636 : allotment of elective members to
provinces & municipalities must be made on the
basis of its classification as a province or
municipality. Thus, a 4th class province like Guimaras,
shall have 8 elective members.
§3(b) RA 7166: For provinces with only 1 legislative
district, the COMELEC shall divide them into 2
districts for purposes of electing the members of the
Sangguniang Panglalawigan. Apportionment shall be
done in the ff manner:
1) as nearly as practicable
2) accdng to the number of inhabitants
3) each district comprising a compact,
contiguous & adjacent territory
4) number of seats of elective members
equitably apportioned between the districts
Issue: On what basis shall apportionment of
districts shall be made?
Held: Under RA 7166 & COMELEC Res. No. 2313
Rule: the basis for division into districts is the
number of inhabitants of the province
( not the number of listed or registered voters as
theorized by the petitioners)
Petition dismissed.
Qualifications
RA9164 (2002) – An Act Providing For
Synchronized Barangay And Sangguniang
Kabataan Elections, Amending RA7160, As
Amended, Otherwise Known As The "Local
Government Code Of 1991", And For Other
Purposes
Sec6: Section 424 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"Sec424. Katipunan ng Kabataan. — The
katipunan ng kabataan shall be composed of
Filipino citizens actually residing in the barangay for
at least six (6) months, who are fifteen (15) but less
than eighteen (18) years of age on the day of the
election, and who are duly registered in the list of
the sangguniang kabataan or in the official
barangay list in the custody of the barangay
secretary." aCHcIE
Sec7: Section 428 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"Sec428. Qualifications. — An elective official of
the sangguniang kabataan must be a Filipino
citizen, a qualified voter of the katipunan ng
kabataan, a resident of the barangay for at least
one (1) year immediately prior to election, at least
fifteen (15) years but less than eighteen (18) years
of age on the day of the election, able to read and
write Filipino, English, or the local dialect, and must
not have been convicted of any crime involving
moral turpitude."
Salcedo II vs. COMELEC (1999)
Facts:
 Neptali Salcedo married Agnes Celiz
 without first marriage dissolved, Neptali
married private respondent Ermelita Cacao
 Petitioner Victorino Salcedo and respondent
Ermelita both ran for the position of Sara, Iloilo
 Victorino filed with the Comelec petition
seeking for the cancellation of Ermelita's
certificate of candidacy.
 Ground: Ermelita made a false
representation in her certificate of candidacy,
stating that her surname was Salcedo. She
had no right to do so as she was not legally
married to Neptali.
Issue: WON Ermelita’s use of such surname
constitutes a material misrepresentation under the
Omnibus Election Code so as to justify cancellation
of her certificate of candidacy.
Held: NO, it does NOT constitute material
misrepresentation
1. Test of Materiality: Jurisprudence provides
that the material misrepresentation contemplated
by section 78 of the Omnibus Election Code refer
to the qualifications of elective officials. It
could not have been the intention of the law to
deprive a person of a such a basic and
substantive political right to be voted for a public
office upon just any innocuous mistake.
 In CAB, aside from the allegation of wrong
surname, petitioner does not claim that
respondent lacks the requisite residency,
age, citizenship, or any other legal
qualification necessary to run for a local
elective office as provided for in the LGC.
2. Test of Deliberate Attempt: Aside from the
requirement of materiality, a false representation
under Section 78 must consist of a DELIBIRATE
ATTEMPT to mislead, misinform, or hide a fact
which would otherwise render a candidate
ineligible.
 IN CAB No showing that the inhabitants of
Sara were deceived by the use of such
surname by private respondent.
!!! Dan Gat's notes: Both tests should be used. For
example, a name may pass the first test (materiality),
it not being a material fact referring to
qualification. However, it may be patently deceiving
that it doesn't pass the second test. Hence, the
candidate must still be disqualified.
RA9225 (2003) – Citizenship Retention and RE-
acquisition Act of 2003
Sec2. Declaration of Policy - It is hereby declared
the policy of the State that all Philippine citizens of
another country shall be deemed not to have lost
their Philippine citizenship under the conditions of
this Act.
Sec3. Retention of Philippine Citizenship - Any
provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their
naturalization as citizens of a foreign country are
hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of
allegiance to the Republic:
"I _____________________, solemny swear
(or affrim) that I will support and defend the
Constitution of the Republic of the Philippines
and obey the laws and legal orders
promulgated by the duly constituted authorities
of the Philippines; and I hereby declare that I
recognize and accept the supreme authority of
the Philippines and will maintain true faith and
allegiance thereto; and that I imposed this
obligation upon myself voluntarily without
mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after
the effectivity of this Act, become citizens of a
foreign country shall retain their Philippine
citizenship upon taking the aforesaid oath.
Sec4. Derivative Citizenship - The unmarried child,
whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act
shall be deemed citizenship of the Philippines.
Sec5. Civil and Political Rights and Liabilities -
Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant
liabilities and responsibilities under existing laws of
the Philippines and the following conditions:
(1) Those intending to exercise their right of
surffrage must Meet the requirements under
Section 1, Article V of the Constitution, Republic Act
No. 9189, otherwise known as "The Overseas
Absentee Voting Act of 2003" and other existing
laws;
(2) Those seeking elective public in the Philippines
shall meet the qualification for holding such public
office as required by the Constitution and existing
laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn
renunciation of any and all foreign citizenship
before any public officer authorized to administer
an oath;
(3) Those appointed to any public office shall
subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted
authorities prior to their assumption of office:
Provided, That they renounce their oath of
allegiance to the country where they took that oath;
(4) Those intending to practice their profession in
the Philippines shall apply with the proper authority
 for a license or permit to engage in such practice;
and
(5) That right to vote or be elected or appointed to
any public office in the Philippines cannot be
exercised by, or extended to, those who:
(a) are candidates for or are occupying any
public office in the country of which they are
naturalized citizens; and/or
(b) are in active service as commissioned or
non-commissioned officers in the armed
forces of the country which they are
naturalized citizens.
Labo vs. COMELEC and Ortega (1992)
Facts
 Labo was married to an Australian wife. Based on
this marriage, Labo took an oath as citizen of
Australia. Later on however, this marriage was
nullified, as the wife still had a subsisting
marriage when she married Labo.
 Labo filed his certificate of candidacy for Mayor
of Baguio for the May 11, 1992 elections.
 Ortega, also running for the same position, filed
a disqualification proceeding against Labo
before the Comelec. Ground: false
representation that Labo was a "natural-born"
citizen.
Issue: WON Labo is eligible to run
Held: No.
1. Labo: he has reacquired his Filipino
citizenship by citing his application for
reacquisition of Philippine citizenship filed before
the Office of the Solicitor General pursuant to PD
725 and Letter of Instruction No. 270
SC: No
Rule: In the absence of any official action or approval
by the proper authorities a mere application for
repatriation does not, and cannot, amount to an
automatic reacquisition of the applicant's Philippine
citizenship.
In CAB: To date, however, and despite favorable
recommendation by the Solicitor General, the Special
Committee on Naturalization had not yet acted upon
said application for repatriation.
2. Ortega avers that the candidate receiving the
next highest number of votes should be declared
Mayor of Baguio City.
SC: No.
General Rule: The ineligibility of a candidate
receiving majority votes does not entitle the eligible
candidate receiving the next highest number of votes
to be declared elected. A minority or defeated
candidate cannot be deemed elected to the office.
Exception: if the electorate, fully aware in fact and in
law of a candidate's disqualification so as to bring
such awareness within the realm of notoriety, would
nonetheless cast their votes in favor of the ineligible
candidate.
Ratio: In such case, the electorate may be said to
have waived the validity and efficacy of their votes by
notoriously misapplying their franchise or throwing
away their votes, in which case, the eligible candidate
obtaining the next higher number of votes may be
deemed elected.
In the case at bar: It has not been shown, and none
was alleged, that petitioner Labo was notoriously
known as an ineligible candidate, much less the
electorate as having known of such fact.
Hence, as a consequence of petitioners'
ineligibility, a permanent vacancy in the contested
office has occurred. This should now be filled by the
vice-mayor, in accordance with Sec. 44 of the Local
Government Code
Concurring and Dissenting Opinion of Justice
Gutierrez:
In deciding cases involving citizenship, I believe
that the presumptions should be in favor of its
retention and against its loss.
Frivaldo vs. COMELEC (2000)
Facts:
 On March 20, 1995, Frivaldo filed his Certificate
of Candidacy for Governor
 Lee, another candidate, filed a petition w/ the
COMELEC praying that Frivaldo be disqualified
 Reason: of not yet being a citizen of the
Philippines
 Frivaldo garnered the highest number of votes in
the elections.
 Lee filed a petition praying for his proclamation
as the elected governor. At 8:30 pm of June 30,
1995, Lee was proclaimed governor.
 Frivaldo filed a new petition w/ COMELEC
seeking the annulment of the June 30
proclamation of Lee and his own proclamation.
 He alleged that on June 30, 1995, at
2:00pm, he took his oath of allegiance as a
citizen of the Phil after his petition for
repatriation under P.D. 725 w/c he filed with
the Special Committee on Naturalization in
September 1994 had been granted.
Issue1: FRIVALDO’S REPATRIATION
1st Question: Was the repatriation of Frivaldo valid
and legal?
Held: YES
Under Phil law, citizenship may be reacquired by
direct act of Congress, by naturalization or by
repatriation.

2nd Question: Did Frivaldo’s repatriation seasonably
cure his lack of citizenship as to qualify him to be
proclaimed and hold office as governor?
Held: YES, he possessed the citizenship reqt on the
day the law mandates his term of office to begin.
LAW:
LGC, Sec. 39: An elective local official must be:
a. citizen of the Philippines;
b. a registered voter in the barangay,
municipality, city, or province . . . where he
intends to be elected;
c. a resident therein for at least one 1 yr
immediately preceding the day of the election;
d. able to read and write Filipino or any other
local language or dialect.
1.
A. LIBERAL INTERPRETATION :
The law does not specify any particular date or time
when the candidate must possess citizenship, unlike
that for residence and age.
Now, an official begins to govern or to discharge his
functions only upon his proclamation and on the day
the law mandates his term of office to begin.
B. LITERAL CONSTRUCTION
Sec 39 speaks of "Qualifications" of "ELECTIVE
OFFICIALS", not of candidates. Literally, such
qualifications should thus be possessed when the
elective official begins to govern, i.e., at the time he is
proclaimed
2.
RE Lee’s argument that the citizenship qualification
should be possessed at the time the candidate
registered as a voter as under the law a "voter" must
be a citizen of the Philippines.
SC: NO.
 If the law intended the citizenship qualification to
be possessed prior to election consistent with the
requirement of being a registered voter, then it would
not have made citizenship a SEPARATE qualification.
The law abhors a redundancy. It therefore stands to
reason that the law intended CITIZENSHIP to be a
qualification distinct from being a VOTER, even if
being a voter presumes being a citizen first.
DISSENT: DAVIDE
!!! Dan Gat's notes: Frivaldo would have benefited
from RA 9225. Hence, we will never again have a
Frivaldo problem.
Torayno vs. COMELEC (2000)
Facts:
 On June 14, 1997, on his last term, the three-
time governor of Misamis Oriental, Vicente
Emano, executed a Voter Registration Record in
Cagayan de Oro City (CDO) which is located in
the same province. He claimed to have resided
in CDO for 20 yrs.
 Petitioners filed a petition for disqualification at
the COMELEC on the ground that he had failed
to meet the 1 yr residency requirement. However,
prior to the resolution of petition, Emano was
proclaimed by COMELEC as the duly elected
mayor.
Issue: WON Emano has duly established his
residence in CDO at least 1 yr prior to May 11
elections to qualify him to run for the mayorship
Held: Yes
1. The 1 yr residency reqt is aimed at preventing the
possibility of a stranger or newcomer
unacquainted with the conditions and needs of a
community from and not identified with the latter
from seeking an elective office to serve that
community and at excluding outsiders from taking
advantage of favorable circumstances existing in
that community for electoral gain.
IN CAB: The facts show that Emano was a resident
of CDO for a period of time sufficient to qualify him to
run for public office therein.
2. CDO, after all, is an integral part of the
province and is in fact located at its heart. It is
also the seat of prov’l gov’t. Thus, the provincial
officials who carry out their functions cannot
avoid living in CDO.
Also, the city’s residents, politics, commerce and
businesses are not isolated from that of the
province's, since the city is located at the very heart
of the province itself.
!!! Dan Gat's notes: only the RESIDENCE
requirement is not a continuing requirement. ALL
OTHER requirements are continuing requirements.
Papandayan vs. COMELEC (2002)
Facts:
 In the May, 2001 elections, 3 candidates ran for
mayor of Tubaran, Lanao del Sur – petitioner
Papandayan, Jr., respondent Balt (incumbent
mayor seeking reelection), and Hassan Bantuas.
 Balt sought the disqualification of Papandayan
alleging that he was not a resident of Brgy.
Tangcal in Tubaran, but a permanent resident of
Bayang, Lanao del Sur.
 Comelec agreed with Balt
Issue: W/N COMELEC erred in declaring
Papandayan as disqualified on ground that he is not
a resident of Tubaran.
Held: YES. Evidence is insufficient to sustain
COMELEC resolution.
1) Papandayan has duly proven that, although he
was formerly a resident of Bayang, he later
transferred residence to Tangcal in Tubaran as
shown by his actual and physical presence for
10years prior to May2001 elections.
2) Principle of animus revertendi has been used to
determine whether a candidate has an ”intention
to return” to the place where he seeks to be
elected. Corollary to this is a determination
whether there has been an “abandonment” of
his former residence which signifies an intention
to depart therefrom.
3) Romualdez vs. RTC, Tacloban – domicile and
residence as synonymous.
4) In order to acquire a new domicile by choice,
there must concur (1) residence or bodily
presence in the new locality, (2) intention to
remain there, and (3) intention to abandon old
domicile
Coquilla vs. COMELEC (2002)
Facts;
 Coquilla (Filipino) joined the US Navy. He was
subsequently naturalized as a US citizen.
 1998, he came to Phils and took out a residence
certificate, although he continued making several
trips to US (last took place on July6, 2000 upto
Aug5, 2000).
 He then applied for repatriation under RA8171,
was approved on Nov7, 2000.
 On Nov10, he took his oath as a Phil. Citizen
 Nov21, he applied for registration as voter of
Butnga, Oras
 Feb27, 2001, he filed his certificate of candidacy
stating that he had been a resident of Oras for
“2years”.
 Alvarez sought cancellation of certificate –
Ground: Coquilla made a material
misrepresentation in his certificate of candidacy
by stating that he had been a resident of Oras for
2years, when in truth, his residency was for only
about 6months since Nov10, 2000 when he took
his oath.
Issue: W/N Coquilla had been a resident of Oras at
least 1year before the elections, as he represented in
his cert. of cand.
Held: NO.
1. Status of being an alien and an non-resident can
be waived:
A) either separately (when one acquires status of a
resident alien before aquiring Philippine
citizenship – through an immigrant visa and an
immigrant certificate of residence to waive
status as non-resident), OR
B) at the same time when one acquires Philippine
citizenship – through naturalization under
CA473 or by an act of Congress.
In CAB,
a. his repeated entrance in the country
since 1998 was only on the basis of a visa-
free balikbayan visitor whose stay as such
was valid for one year only.
b. Coquilla appeared to have waived
his status as an alien and as a non-resident
only on Nov10, 2000 upon taking his oath
2. Frivaldo vs. COMELEC case not applicable
where residency was not an issue in the case
but compliance with the citizenship requirement.
3. Coquilla: His registration as voter of Butnga,
Oras in January 2001 is conclusive of his
residency as a candidate because Sec17 of
Omnibus Election Code requires that a voter
must have resided in the Philippines for at least
1yr
SC: NO.
Nuval vs. Guray has held that registration as a voter
does not bar the filing of a subsequent case
questioning candidate’s lack of residency.
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Disqualification
RA8295 (1997) – An Act Providing For The
Proclamation Of A Lone Candidate For Any
Elective Office In A Special Election, And For
Other Purposes
Sec4: Disqualification. — In addition to the
disqualifications mentioned in Sections 12 and 68
of the Omnibus Election Code and Section 40 of
Republic Act No. 7160, otherwise known as the
 Local Government Code, whenever the evidence of
guilt is strong, the following persons are disqualified
to run in a special election called to fill the vacancy
in an elective office, to wit:
a) Any elective official who has resigned from
his office by accepting an appointive office or for
whatever reason which he previously occupied but
has caused to become vacant due to his
resignation; and
b) Any person who, directly or indirectly,
coerces, bribes, threatens, harasses, intimidates or
actually causes, inflicts or produces any violence,
injury, punishment, torture, damage, loss or
disadvantage to any person or persons aspiring to
become a candidate or that of the immediate
member of his family, his honor or property that is
meant to eliminate all other potential candidate.
Sec5: Prohibited Acts, Election Offenses and
Penalties. — Any act of coercion, bribery, threat,
harassment, intimidation, terrorism, or actually
causing, inflicting or producing violence, injury,
punishment, torture, damage, loss or disadvantage
to discourage any other person or persons from
filing a certificate of candidacy in order to eliminate
all other potential candidate from running in a
special election shall constitute as an election
offense. Violations of this provision shall be
prosecuted and penalized in accordance with the
provision of Section 264 of the Omnibus Election
Code.
!!! Dan Gat's notes: why will there be a special
election called to fill the vacancy when there is
such a thing as principle of succession?
RA9165 (2002) – An Act Instituting The
Comprehensive Dangerous Drugs Act Of 2002,
Repealing RA6425, Otherwise Known As The
Dangerous Drugs Act Of 1972, As Amended,
Providing Funds Therefor, And For Other
Purposes
Sec36: Authorized Drug Testing. — Authorized
drug testing shall be done by any government
forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH
to safeguard the quality of test results. The DOH
shall take steps in setting the price of the drug test
with DOH accredited drug testing centers to further
reduce the cost of such drug test. The drug testing
shall employ, among others, two (2) testing
methods, the screening test which will determine
the positive result as well as the type of the drug
used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued
by accredited drug testing centers shall be valid for
a one-year period from the date of issue which may
be used for other purposes. The following shall be
subjected to undergo drug testing:
xxx
(g) All candidates for public office whether
appointed or elected both in the national or local
government shall undergo a mandatory drug test.
In addition to the above stated penalties in this
Section, those found to be positive for dangerous
drugs use shall be subject to the provisions of
Section 15 of this Act.
!!!Dan Gat's notes on RA 9165:
 If candidate does not undergo drug test, it would
be a ground for disqualification, since drug test
is mandatory
 BUT if candidate found positive of drugs, this is
NOT a ground for disqualification. The
candidates will just be subject to the penalties
in RA 9165
De La Torre vs. COMELEC (1996)
Issue: WON Fencing involves moral turpitude
Held: YES
 Court consistently adopts Black's Law Dictionary
definition of "moral turpitude"
". . . an act of baseness, vileness, or depravity in
the private duties which a man owes his fellow
men, or to society in general, contrary to the
accepted and customary rule of right and duty
between man and woman or conduct contrary to
justice, honesty, modesty, or good morals."
 A crime involves moral turpitude is ultimately a
question of fact and frequently depends on all the
circumstances surrounding the violation of the
statute.
 Moral turpitude is deducible from the third
element of the crime. Actual knowledge [ or
merely "should have known" the origin of the
property received] by the "fence" of the fact that
property received is stolen displays the same
degree of malicious deprivation of one's rightful
property as that which animated the robbery or
theft which, by their very nature, are crimes of
moral turpitude.
Issue2: WON PROBATION AFFECTS SEC 40(a)
H2: NO
 The legal effect of probation is only to suspend
the execution of the sentence.
!!! Dan Gat's Notes:
Q: Is moral turpitude also qualified by within 2 years
after service of offense in Section 40 (a) of LGC?
A:Yes it is. So moral turpitude is not a perpetual
disqualification.

Magno vs. COMELEC and Ortega (2002)
Issue: WON Direct Bribery involves moral
turpitude
Held: YES
 Moral turpitude can be inferred from the third
element of direct bribery. The fact that the
offender agrees to accept a promise or gift and
deliberately commits an unjust act or refrains
from performing an official duty in exchange for
some favors, denotes a malicious intent on the
part of the offender to renege on the duties which
he owes his fellowmen and society in general.
Malinao vs. Reyes (1996)
Facts:
 Malinao filed an administrative case against Red
for abuse of authority and denial of due process.
 In an Aug 12 session, Members of the
Sanggunian, by a vote of 5 to 3, found Red guilty,
vote signed only by presiding chairman
 September 5: Sanggunian, voting 7 to 2,
acquitted Red of the charges against him. This
vote was embodied in a Decision which was
signed by all the members.
 Malinao: First Sanggu Decision had already
become final and executory for failure of Red to
appeal.
Issue: WON the second Decision IS VALID.
Held:
Yes, second decision of ACQUITAL is valid.
In any case, this issue is already Moot and Academic
CASE IS NOW MOOT AND ACADEMIC as a result of
the expiration of Red’s term during which the act
complained of was allegedly committed, and further
proceedings are barred by his reelection. [Sec 66(b)
LGC]
Reyes vs. COMELEC (1996)
Facts:
 An admin case was filed against Mayor Reyes
 Sangguniang Panlalawigan found Reyes guilty
and ordered his removal from office.
 For the next elections, Reyes filed a certificate of
candidacy with the COMELEC but de Castro
sought his disqualification based on Sec 40 (b)
LGC10
 Due to the absence of any contrary order from
COMELEC Reyes was voted into office in the
subsequent election.
10
Sec 40. Disqualification- The ff. persons are disqualified from running from any
elective local position: xxx
(b) Those removed from office as a result of an administrative case.
 COMELEC then issued a resolution holding that
Reyes is disqualified from running for office and
his COC is thereby cancelled.
 Municipal Board of Canvassers, unaware of the
COMELEC Resolution, proclaimed Reyes as the
duly-elected mayor. (Garcia is second-placer)
Issue1: WON the reelection of Reyes rendered the
admin charges against him moot and academic.
Held: NO
Section 40 (b) of the LGC operates.
Issue2: WON Garcia should be proclaimed mayor.
Held: NO
To simplistically assume that the 2 nd placer would
have received the other voted would be to substitute
the court’s judgment for the mind of the voter.
Votes cast for Reyes are presumed to have been
cast in the belief that he was qualified and for that
reason cannot be treated as stray, void or
meaningless.
Lingating vs. COMELEC (2002)
Facts:
 Sulong ran for the 2001 election mayoralty
race
 Petitioner Lingating filed a petition for the
disqualification of Cesar B. Sulong, pursuant to
Sec. 40 (b) of the LGC
 Ground: Sulong was administratively charged
during his first term as mayor in 1991 with
various offenses, and that in 1992, the
Sangguniang Panlalawigan of Zamboanga del
Sur found him guilty of the charges and ordered
his removal from office.
 Sulong: this decision has not yet become
final and executory:
o he filed a motion for reconsideration
 Lingating (complainant) had not yet complied
therewith and his MR had consequently remained
pending.
Issue: WON Sulong should be disqualified from
becoming mayor of Lapuyan
Held: NO
 the Reyes v COMELEC decision cannot be
applied to this case because it appears that the
1992 decision of the SP has not until now
become final.(as correctly averred by Sulong)
 While RA 7160 on disciplinary actions is
silent on the filing of a MR, the same cannot be
interpreted as a prohibition against the filing of a
MR.
!!!Dan Gat's notes:
Section 40 (b) LGC is a PERPETUAL
disqualification. BUT, the cause of removal may be
petty-- nagnakaw ng ball pen, repeated absences,
etc.
On the other hand, Section 40 (a) on moral
turpitude is NOT a perpetual disqualification!
Apparent ratio:
 Sec 40 (b)  goes into the competency of
carrying out functions.
 Sec 40 (a)  you can be a competent, albeit
immoral, leader 
Grego vs. COMELEC (1997)
Facts:
 Basco was removed from his position as
Deputy Sheriff by the SC upon a finding of
serious misconduct in an administrative
complaint lodged by a certain Nena Tordesillas.
(New LGC NOT yet in effect then)
 Subsequently, Basco ran as a candidate for
councilor and won (New LGC already in effect)
 After his term, Basco sought reelection twice
and won on both reelections
 Petition for disqualification was filed against
Basco, using section 40 (b) of the LGC… but
dismissed.
Issue: WON the petition for disqualification was
correctly dismissed
Held: YES
1. WON Sec. 40 (b) of the LGC applies
retroactively to those removed from office before
it took effect on Jan. 1, 1992 as contended by
Grego– NO
2. WON Basco’s election to office as city
councilor in the 1988, 1992 and 1995 elections
wipe away and condone the administrative
penalty against him, thus restoring his eligibility
for public office – YES
 There was nothing to condone in the first
place. Basco was NOT subject to any
disqualification at all under Sec. 40 (b) of the
LGC, which applies only to those removed from
office on or after Jan. 1, 1992. In view of the
irrelevance of the issue posed by petitioner, there
is no more reason to dwell on the matter.
Mercado vs. Manzano (1999)
Facts:
 Mamaril filed a petition for disqualification against
Edu Manzano on the ground that the latter was
not a citizen of the Philippines but of the United
States. This is based on Section 40(d) of the
LGC which disqualifies persons with dual
citizenship from running for a local position.
Issue: How do we interpret "Dual Citizenship: as a
ground for Disqualification in Section 40 (d)?
Held: term in the law must be understood as referring
to DUAL ALLEGIANCE.
DUAL CITIZENSHIP: arises when, as a result of the
concurrent application of the different laws of 2 or
more states, a person is simultaneously considered a
national by the said states
DUAL ALLEGIANCE: a person simultaneously owes,
by some positive act, loyalty to 2 or more states
- result of the individual’s volition
- considered as inimical to the national interest
and shall be dealt with by law (Consti)
- implies double allegiance under a double
sovereignty which would be repugnant to the
sovereignty which pervades the Consti and to
citizenship itself
Issue2: WON Manzano possesses dual citizenship
and is disqualified from being a candidate for vice
mayor of Makati City
Held: Admittedly, by operation of law, Manzano
possessed dual citizenship since he was:
- born in the US which follows the doctrine of
jus sanguinis but of Filipino parents (jus soli
under Philippine law)
However, Court held that Manzano had validly
elected Philippine citizenship and effectively
repudiated his American citizenship:
- by filing a certificate of candidacy, he elected
Philippine citizenship and in effect renounced his
American citizenship
o for every certificate of candidacy
contains an oath of allegiance to the
Philippine government
- mere filing is enough considering that their
condition is the unavoidable consequence of
conflicting laws of different states
!!! Dan Gat's Notes:
We should be very unhappy with this Manzano case.
First, is Section 40 (d) vague? Very clear
naman…DUAL CITIZENSHIP
Second, assuming the law is vague, is the
interpretation of the SC still correct? NO:
 SC cited ConCoM proceedings, not the
deliberations fot the LGC
 Section 40 ( C) is the one referring to dual
allegiance (and f is for green card holders.)
This SC decision made Section 40 (d) inexistent --
this disqualification will never exist because once a
candidate files for candidacy he is deemed to have
renounced his foreign citizenship.
!!! Dan Gat's Notes:
Common MISTAKE of students: citing Frivaldo for
dual citizenship problems. NO! Use Manzano case.
Manzano is a Filipino. Frivaldo and Labo were
stateless.
Valles vs. COMELEC (2000)
Facts:
 Rosalind Lopez was born in 1934 in Western
Australia. Her father was a Filipino citizen, while
her mother was an Australian. In 1949, at the age
of 15, she left Australia and came to settle in the
Philippines where she married a Filipino citizen.
 Since then, she has continuously participated in the
electoral process not only as a voter but as a
candidate. She ran for and was elected Governor
of Davao Oriental in the 1992, 1995 and 1998
elections.
 In all three elections, her respective opponents filed
petitions for her disqualification, contesting her
Filipino citizenship.
Issue: Did Lopez renounce her Filipino
citizenship in 1988 when she applied for an Alien
Certificate of Registration and Immigrant
Certificate of Resident, and was issued an
Australian passport?
Held: No
 SC reiterated the principle that a renunciation to
effectively result in the loss of citizenship, it must
be express.
Issue: Assuming that Lopez had dual citizenship,
was she disqualified to run for governor?
Held: No
 SC reiterated Mercado v. Manzano ruling : it was
ruled that for candidates with dual citizenship, it is
enough that they elect Philippine citizenship upon
the filing of their certificate of candidacy, to
terminate their status as persons with dual
citizenship. The filing of the certificate of
candidacy sufficed to renounce foreign
citizenship, effectively removing any
disqualification as a dual citizen.
 Recognizing situations in which a Filipino citizen
may, without performing any act, and as an
involuntary consequence of conflicting laws of
different countries, be also a citizen of another
state, the SC held that dual citizenship as a
disqualification must refer to citizens with dual
allegiance. “Dual citizenship” which is a ground
for disqualification in LGCode must be
understood as referring to citizens with “dual
allegiance”. Consequently, persons with mere
dual citizenship do not fall under the
disqualification in the LGC.
 It is significant to note that Lopez executed in
1992 a Declaration of Renunciation of
Australian citizenship, as a result of which her
Australian passport was cancelled.
Rodriguez vs. COMELEC (1996)
Issue1: WON intent to evade is a necessary element
of the definition of a “fugitive from justice” – Yes
A “fugitive from justice” includes not only those who,
after conviction, flee to avoid punishment but likewise
those who, after being charged, flee to avoid
prosecution.”
- The definition indicates that the intent to
evade is the compelling factor that animates
one’s flight from a particular jurisdiction.
- Obviously there can only be intent to evade
when there is knowledge by the fleeing subject of
an already instituted indictment or of a
promulgated judgment of conviction.
IN CAB  Rodriguez’ arrival in the Philippines (July
95) preceded the filing of the felony complaint in Los
Angeles (Nov 95). When he left the US, there was as
yet no complaint & arrest warrant – much less
conviction – that he could run away from.
1) The circumstantial fact that the charges
against Rodriguez were filed 17days after his
departure can’t overturn the presumption of good
faith in his favor
2) It is immaterial to determine the exact time
when Rodriguez was made aware of the charges
against him, having established that he was not
aware of such charges when he left the US 
His failure to submit himself to the jurisdiction of
the US authorities after he learned of the charges
against him does not make him a “fugitive from
justice”. Going back to the US in the middle of his
term would only violate the very functions of his
office and jeopardize public interest.
VITUG DISSENTS:
MyPleasure Guide: Erotic Massage (Part 2):
Massage Oils
Massage oils and lotions do a variety of useful things:
they add zest to a dull night, lend a sensual
dimension to a boring old back rub, and reduce
friction, keeping your body silky, slippery and slick.
To use, pour a small amount in the palm of your
hand and rub your hands together before gently
applying to your lover's body. Never pour the oil
directly on your lover's body -- it will feel cold and
unpleasant. Rub the lotion or oil into your lover's
body, reapplying as necessary. Feel free to rub oil
into your lover's back, arms, legs, buttocks, chest and
neck, but keep it away from genitals unless the bottle
specifically says the lotion is safe for internal use. Election Offenses
Even if it is safe, test a small amount on the skin first, Sec261: Prohibited Acts. — The following shall be
ensuring you and your lover won't have an allergic guilty of an election offense: XXX
or "burning" reaction to it. Massage oils and lotions (Please see law for a VERY long list of election
are not safe to use with latex unless the bottle offenses)
specifically says otherwise.
(continued…)
Nolasco vs. COMELEC (1997)

Facts:
 May 8, 1995:Election of mayor of Meycauayan,
Bulacan was held. Blanco won over Alarilla
 May 9, 1995: Alarilla filed with the Comelec a
Other Grounds for Disqualification petition to disqualify Blanco, alleging that a
search has been conducted on Blanco's house
which yielded unlicensed firearms and evidence
BP881 – Omnibus Election Code
of systematized massive vote-buying.
 After submission of position papers, Comelec
Sec68: Disqualifications. — Any candidate who, in
resolved to disqualify Blanco
an action or protest in which he is a party is
declared by final decision of a competent court
Issues posed by Blanco:
guilty of, or found by the Commission of having
1. Blanco: was denied due process when Comelec
(a) given money or other material consideration to
suspended his proclamation pending
influence, induce or corrupt the voters or public
determination of his disqualification
officials performing electoral functions;
SC: No
(b) committed acts of terrorism to enhance his
1. Section 6 of R.A. No. 6646 and sections 4 and 5
candidacy;
of the Rule 25 of the Comelec Rules of
(c) spent in his election campaign an amount in
Procedure merely require that evidence of guilt
excess of that allowed by this Code;
should be strong to justify the COMELEC in
(d) solicited, received or made any contribution
suspending a winning candidate's proclamation.
prohibited under Sections 89, 95, 96, 97 and 104;
It ought to be emphasized that the suspension
or
order is provisional in nature and can be lifted
(e) violated any of Sections 80, 83, 85, 86 and 261,
when the evidence so warrants.
paragraphs d, e, k, v, and cc, subparagraph 6, shall
2. Blanco was given all opportunity to prove that
be disqualified from continuing as a candidate, or if
the evidence on his disqualification was not
he has been elected, from holding the office. Any
strong : he was given chance to file Motion to Lift
person who is a permanent resident of or an
Order, Answer, and position paper.
immigrant to a foreign country shall not be qualified
to run for any elective office under this Code,
2. Blanco: Comelec departed from procedure laid
unless said person has waived his status as
down by Comelec Resolution 2050 wherein a
permanent resident or immigrant of a foreign
complaint should be referred for preliminary
country in accordance with the residence
investigation to the Law Department
requirement provided for in the election laws. (Sec.
SC: Untenable.
25, 1971 EC)
COMELEC cannot always be straitjacketed by this
procedural rule.
Sec74: Contents of certificate of candidacy.
Comelec's Reason for this Resolution:
XXX
Resolution 2050 was passed to take care of
the proliferation of disqualification cases at that time.
Sec78: Petition to deny due course to or cancel a
It deemed it wise to delegate its authority to its Law
certificate of candidacy. — A verified petition
Department as partial solution to the problem.
seeking to deny due course or to cancel a
However: The May 8, 1995 elections, did not result
certificate of candidacy may be filed by the person
in a surfeit of disqualification cases which the
exclusively on the ground that any material
COMELEC cannot handle.
representation contained therein as required under
Section 74 hereof is false. The petition may be filed
3. Blanco: Comelec erred in using Summary
at any time not later than twenty-five days from the
Proceedings to resolve the disqualification case
time of the filing of the certificate of candidacy and
SC: Ok lang!
shall be decided, after due notice and hearing, not
later than fifteen days before the election.
 The COMELEC action is safely anchored on
section 4 of its Rules of Procedure which
expressly provides that petitions for
disqualification "shall be heard summarily after
due notice."
 Vote-buying has its criminal and electoral
aspects. Its criminal aspect to determine the guilt
or innocence of the accused cannot be the
subject of summary hearing.
 However, its electoral aspect to ascertain
whether the offender should be disqualified from
office can be determined in an administrative
proceeding that is summary in character.
Concurring and Dissenting Opinion: Bellosillo
MyPleasure Guide: Erotic Massage (Part 3):
Warming Oils
Warming oils work about the same way massage oils
work: pour a small puddle in one hand, rub both
hands together to distribute, then apply in a thin
layer to the desired area. Gently rub into the skin,
applying more as necessary. As you continue to
massage, the warming oil will begin to heat up,
causing your partner to feel a pleasantly warm
sensation. Try blowing on the oil-doused skin, too,
for that fabulous icy and hot feel!
While not the best option for full-body massages,
warming oils are great for genital massage, or for
massaging small, concentrated areas, such as breasts,
buttocks, thighs and arms. Some warming oils can't
be used with latex products -- make sure to read the
label before using. Warming oils aren't appropriate
for internal use -- don't use them for vaginal or anal
penetration. However, you can apply them to the
surface of your genitals. Be warned: some of the
warmth-inducing elements may irritate skin; do a
skin patch test before using during sex or your
genitals may end up hotter than you intended.
(continued…)
Common Problems in Local Government
Elections
Ramas vs. COMELEC (1998)
Facts:
 Petitioners were proclaimed as the duly elected
municipal officials
 Respondents, the losing candidates filed election
protests with the RTC of Pagadian.
 RTC rendered decision declaring all respondents
as winners
 Respondents filed a Motion for Immediate
Execution of Decision Pending Appeal.
 RTC granted. Grounds for granting:
a) public interest
b) near expiration of term of office
c) pendency of the protest for one year
Issue: WON RTC and the COMELEC acted with
grave abuse of discretion in granting execution of
RTC decision pending appeal.
Held: No grave abuse of discretion
I.
1. Is execution of judgment pending appeal still
provided for by law? Yes.
a) for elective municipal and barangay officials,
application of Section 2 of Rule 39 of the RoC
are permissible pursuant to Rule 143 of the
RoC, which is now Section 4, Rule 1 of
the 1997 Rules of Civil Procedure.
b) for regional, provincial and city officials, the
COMELEC Rules of Procedure provide for the
suppletory application for the Rules of Court in
the absence of any applicable provision
2. Now, what are the recognized reasons for
execution of judgement pending appeal?
The following constitute good reasons, and
a combination of two or more will suffice to grant
execution pending appeal:
a. public interest involved or the will of the
electorate
b. shortness of the remaining portion of the term
of the contested office
c. the length of time that the election contest has
been pending
<*filing of a bond is not a good reason, but it may
be required by the court to answer for payment of
damages which the aggrieved party may suffer by
reason of the execution pending appeal.>
In the case at bar, the reasons cited by the RTC
are good reasons for the issuance of the
execution of judgement pending appeal.
!!! Dan Gat's Notes: He has a problem with the
"good reasons" for granting Motion for Execution
Pending Appeal (MEPA). Indeed, there is a need for
concurrence of two reasons, but the reasons are
easy!
 "Public Interest": already existent in any case!
So, does this mean one who files a MEPA will always
win?
No. Look at Fermo case. BUT Fermo lost because
he was stupid: only cited one ground and didn't know
what the term is.
Fermo vs. COMELEC (2000)
Issue: WON the Motion for execution Pending
Appeal should be granted
Held: No.
COMELEC held correctly that: Shortness of term
alone and by itself cannot justify premature
execution. It must be manifest in the decision sought
to be executed that the defeat of the protestee and
the victory of the protestant has been established.
In addition, RA 8524, which took effect in 1998, has
extended the term of office of the barangay officials to
5 yrs (expire in 2002). This negates or removes the
factual basis for the finding of the MTC that the term
of the contested office had past almost midway of the
whole term.
Miranda vs. Abaya (1999)
Facts:
 Jose “Pempe” (the pimp, hehe) Miranda,
incumbent mayor, filed his certificate of
candidacy (COC) for Mayor of Santiago City for
1998 elections.
 BUT: Pempe was DISQUALIFIED as he can
not run for the 4th time.
 Joel Miranda filed COC for the mayoralty post
supposedly as a substitute for his father Pempe
 Joel won over Abaya.
Abaya thus filed petition to declare null and void
the substitution
 Comelec ANNULLED the substitution, election
and proclamation of Joel
Issue1: WON Pempe aside from being disqualified,
his COC had been denied due course and cancelled
Held: Yes, it was cancelled and denied due course.
Issue2: WON there was valid substitution
Held: No. There was no valid substitution
A disqualified candidate may only be
substituted if he had a valid COC in the first
place because if he did not have a valid
COC, he is and was not a candidate at all.
If a person was not a candidate, he cannot
be substituted under Sec. 77.
1. Under Sec. 77 of Omnibus Election Code 11,
substitution is only allowed in death, disqualification
or withdrawal. This does not include those cases
where the COC of the person to be substituted had
been denied due course.
11
Sec. 77. Candidates in case of death, disqualification or withdrawal . – If after
the last day for the filing of certificates of candidacy, an official candidate of a
registered or accredited political party dies, withdraws or is disqualified for any
cause, only a person belonging to, and certified by the same political party may
file a certificate of candidacy to replace the candidate who died, withdrew or was
disqualified. The substitute candidate nominated by the political party concerned
may file his certificate of candidacy for the office affected in accordance with the
preceding sections not later than mid-day of the election. If the death, withdrawal
or disqualification should occur between the day before the election and mid-day
of election day, said certificate may be filed with any board of election inspectors
in the political subdivision where he is a candidate, or in the case of candidates to
be voted for by the entire electorate of the country, with the Commission.
IN CAB, since Pempe’s COC had been denied and
cancelled, Joel could not have validly substituted him.
2. Under the provision of Sec 77, not just any person
but only “an official candidate of a registered or
accredited political party” may be substituted.
Any person who attempts to run for an elective office
but does not file a COC (just like what Pempe is
considered to be IN CAB) is not a candidate at all.
IN CAB, since Pempe’s COC had been denied and
cancelled, he was NOT an “official candidate” under
Sec. 77 and therefore, Joel could not have validly
substituted him.
DISSENT: Romero
DISSENT: Panganiban
!!! Dan Gat's Notes:
A practical application of the Miranda case is:
if you do not want your opponent to be substituted,
ask for the cancellation of his COC, not mere
disqualification.
Sir notes though… the reason why you file
for cancellation is because your opponent is
disqualified? BUT the SC distinguishes
disqualification from cancellation, so wala na tayong
magagawa dun.
Recabo vs. COMELEC (1999)
Facts:
 Candelaria Recabo who filed her COC as Vice-
mayor of Mainit, Surigao but later withdrew it.
 The COC of Candelaria has a formal defect:
signed by only one representative of her alleged
party
 Reyes filed his COC as official candidate of
Lakas as vice-mayor of Mainit, Surigao.
 Kaiser Recabo Jr. also filed his COC, claiming to
be the official candidate of Lakas also as vice-
mayor of Mainit as a substitute candidate for the
office of Candelaria Recabo
 Recabo won the elections, but…
 COMELEC cancelled Recabo’s certificate of
candidacy
Issue: W/N Recabo is correct in arguing that his
election cannot be annulled based on formal defects
in his Certificate of Candidacy because the electorate
has voted clearly in his favor. “Popular will as clearly
expressed in votes cast and counted should prevail.”
Held: NO, the doctrine that a mere technicality
cannot be used to frustrate the people’s will finds no
application in CAB considering that the results of
the election have not been duly established.
 “Certified List of Candidates with their Votes
Obtained” and Undated “Certified List of Winning
Candidates” submitted by Recabo do not
 sufficiently establish the real results of the
election.
 only acceptable evidence of election results:
election returns pursuant to BP881.
Issue: WON Recabo could still be allowed to run
Held: No
 Assuming that all 3 were fielded-in by same
political party, at time Recabo Jr filed his
certificate, there was no more void to fill in as
Reyes had already filed his certificate as official
candidate of Lakas. No more vacancy to be
substituted for.
 Disunity and discord among members of
a political party should not be allowed to
create a mockery of the electoral process,
which envisions one candidate from a
political party for each position.
Rulloda vs. COMELEC (2003)
Facts:
 Romeo Rulloda and Remegio Placido were
contending candidates for Brgy. Chairperson
 Romeo passed away so his widow Petronila
Rulloda (petitioner) wrote a letter to COMELEC to
seek permission to run as candidate in lieu of her
dead husband.
 Widow Rulloda won
 However, COMELEC issued Resolution 4801
and Resolution 5217 insofar as they prohibiting
her from running as substitute candidate. Placido
proclaimed winner.
Issue: W/N Rulloda’s COC should be given due
course
Held: YES.
1. Placido’s argument that there can be no
substitution because there is no political party in
brgy. elections (which is non-partisan) from which
to designate the substitute holds no water.
Contrary to respondent’s claim, the absence of a
specific provision governing substitution of
candidates in barangay elections can not be
inferred as a prohibition against said substitution.
 Indeed, there is more reason to allow the
substitution of candidates where no political
parties are involved than when political
considerations or party affiliations reign, a fact
that must have been subsumed by law.
2. Placido’s contention that the votes in
petitioner’s favor can not be counted because
she did not file any certificate of candidacy so he
was the only candidate for Barangay Chairman is
untenable.
Comelec Resolution: letter-request is allowed,
treated as a certificate of candidacy.
MyPleasure Guide: Erotic Massage (Part 4):
Balms, Dusts and Body Play
These potions and lotions are the most innovative
and interesting of the topical sexual enhancers.
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Term of Office
Sec43: Term of Office. —
(a) The term of office of all local elective officials
elected after the effectivity of this Code shall be
three (3) years, starting from noon of June 30, 1992
or such date as may be provided for by law, except
that of elective barangay officials: Provided, That all
local officials first elected during the local elections
immediately following the ratification of the 1987
Constitution shall serve until noon of June 30,
1992.
(b) No local elective official shall serve for more
than three (3) consecutive terms in the same
position. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official concerned was
elected.
(c) The term of office of barangay officials and
members of the sangguniang kabataan shall be for
three (3) years, which shall begin after the regular
election of barangay officials on the second
Monday of May 1994.
1987 Constitution – Article X
Sec8: The term of office of elective local officials,
except barangay officials, which shall be
determined by law, shall be three years and no
such official shall serve for more than three
consecutive terms. Voluntary renunciation of the
 office for any length of time shall not be considered
as an interruption in the continuity of his service for
the full term for which he was elected.
RA6679 (1988) - An Act To Amend Republic Act
No. 6653 To Postpone The Barangay Elections To
March 28, 1989, Prescribing Additional Rules
Governing The Conduct Of Barangay Elections
And For Other Purposes
Sec1: The elections of barangay officials set on the
second Monday of November 1988 by Republic Act
No. 6653 are hereby postponed and reset to March
28, 1989. They shall serve a term which shall begin
on the first day of May 1989 and ending on the
thirty-first day of May 1994.
There shall be held a regular election of barangay
officials on the second Monday of May 1994 and on
the same day every five (5) years thereafter. Their
term shall be for five (5) years which shall begin on
the first day of June following the election and until
their successors shall have been elected and
qualified: Provided, That no barangay official shall
serve for more than three (3) successive terms.
acd
The barangay elections shall be nonpartisan and
shall be conducted in an expeditious and
inexpensive manner.
Sec3: The construction or maintenance of provincial,
city, municipal and barangay-funded roads and
bridges shall be prohibited for a period of ten (10)
days immediately preceding the date of election,
the provisions of Section 261, paragraphs (v) and
(w), of the Omnibus Election Code to the contrary
notwithstanding.
Sec5: There shall be a sangguniang barangay in
every duly constituted barangay which shall be the
legislative body and shall be composed of seven
(7) kagawads to be elected by the registered voters
of the barangay. The candidate who obtains the
highest number of votes shall be the punong
barangay and in the event of a tie, there shall be a
drawing of lots under the supervision of the
Commission on Elections. The chairman of the
kabataang barangay who shall hereafter be elected
in accordance with law shall be an ex officio
member of the sangguniang barangay. In the event
of any vacancy in the office of the punong
barangay, whether temporary or permanent, or in
case of disqualification or refusal to assume office,
an order of succession among the six (6) members
of the sangguniang barangay based upon the
number of votes received from the highest to the
lowest shall be followed to fill up the vacancy. In
default of any duly elected member of the
sangguniang barangay, the vacancy may be filled
up by the city or municipal mayor concerned.
Approved: November 4, 1988
RA8524 (1998) – An Act Changing The Term Of
Office Of Barangay Officials And Members Of The
Sangguniang Kabataan From Three (3) Years To
Five (5) Years, Amending For The Purpose
Section 43 Of RA7160, Otherwise Known As The
Local Government Code Of 1991, And For Other
Purposes
Sec1: Section 43 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"SEC. 43. Term of Office. — (a) The term of office
of all elective officials elected after the effectivity of
this Code shall be three (3) years, starting from
noon of June 30, 1992 or such date as may be
provided for by law, except that of elective
barangay officials and members of the
sangguniang kabataan: Provided, That all local
officials first elected during the local elections
immediately following the ratification of the 1987
Constitution shall serve until noon of June 30,
1992.
"(b) No local elective official shall serve for more
than three (3) consecutive terms in the same
position. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official concerned was
elected.
"(c) The term of barangay officials and members
of the sangguniang kabataan shall be for five (5)
years, which shall begin after the regular election of
barangay officials on the second Monday of May
1997: Provided, That the sangguniang kabataan
members who were elected in the May 1996
elections shall serve until the next regular election
of barangay officials."
Sec2: The provisions of this Act shall apply to the
incumbent barangay officials and members of the
sangguniang kabataan.
Approved: February 14, 1998
RA9006 (2001) – An Act To Enhance The Holding
Of Free, Orderly, Honest, Peaceful And Credible
Elections Through Fair Election Practices
Sec14: Repealing Clause. — Sections 67 and 85 of
the Omnibus Election Code (BP881) and Sections
10 and 11 of RA6646 are hereby repealed. As a
consequence, the first proviso in the third
paragraph of Section 11 of RA8436 is rendered
ineffective. All laws, presidential decrees, executive
 orders, rules and regulations, or any part thereof
inconsistent with the provisions of this Act are
hereby repealed or modified or amended
accordingly.
RA9164 (2002) – An Act Providing For
Synchronized Barangay And Sangguniang
Kabataan Elections, Amending Ra7160, As
Amended, Otherwise Known As The "Local
Government Code Of 1991", And For Other
Purposes
Sec2: Term of Office. — The term of office of all
barangay and sangguniang kabataan officials after
the effectivity of this Act shall be three (3) years.
No barangay elective official shall serve for more
than three (3) consecutive terms in the same
position: Provided, however, that the term of office
shall be reckoned from the 1994 barangay
elections. Voluntary renunciation of office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official was elected.
Borja vs. COMELEC (1998)
Facts:
 Capco was elected Pateros vice-mayor of
Pateros on 1988 for a term ending June 1992.
On September 2, 1989, he became mayor, upon
the death of the incumbent.
 Capco ran for and won as mayor in the 1992 and
1995 elections.
 Capco filed a certificate of candidacy for mayor of
Pateros for the 1998 elections. Borja who was
also a candidate for mayor, sought Capco's
disqualification on the theory that the latter would
have already served as mayor for three
consecutive terms (counting 1989-1992 term)
Issue: WON Capco’s service as mayor from
September 2, 1989 to June 30, 1992 is considered as
service for one full term.
Held: NO
(a) To prevent the establishment of political
dynasties is not the only policy embodied in the
constitutional provision in question. The other
policy is that of enhancing the freedom of choice
of the people. To consider only the stay in office
regardless of how the official concerned came to
that office would be to disregard one of the
purposes of Article X, §8 of the Constitution.
(b) The first sentence speaks of "the term of office of
elective local officials" and bars "such official[s]"
from serving for more than three consecutive
terms. The second sentence, in explaining when
an elective local official may be deemed to have
served his full term of office, states that
"voluntary renunciation of the office for any length
of time shall not be considered as an interruption
in the continuity of his service for the full term for
which he was elected." The term served must
therefore be one "for which [the official
concerned] was elected." The purpose of this
provision is to prevent a circumvention of the
limitation on the number of terms an elective local
official may serve. Conversely, if he is not serving
a term for which he was elected because he is
simply continuing the service of the official he
succeeds, such official cannot be considered to
have fully served the term notwithstanding his
voluntary renunciation of office prior to its
expiration.
Lonzanida vs. COMELEC (1999)
Facts:
 Lonzanida served two consecutive terms as
Mayor prior to the 1995 elections. In the May
1995 elections Lonzanida ran for and won as
mayor.
 His proclamation in 1995 was however contested
by his then opponent Alvez who filed an election
protest
 COMELEC declared Alvez the duly elected
mayor of San Antonio, Zambales.
 Alvez assumed office for the remainder of
Lonzanida's term.
 In 1998 elections Lonzanida again ran for mayor
of San Antonio. His opponent Muli filed a petition
to disqualify Lonzanida from running on the
ground that he had served three consecutive
terms in the same post.
Issue: WON Lonzanida's assumption of office from
May 1995 to March 1998 may be considered as
service of one full term for the purpose of applying
the three-term limit for elective local government
officials
Held: NO
 2 conditions for the application of the
disqualification must concur:
1) that the official concerned has been elected
for three consecutive terms in the same local
government post and
2) that he has fully served three consecutive
terms.
 IN CAB: The two requisites are absent.
1. Not elected for three terms: Petitioner cannot be
considered as having been duly elected to the
post and did not fully serve the 1995-1998
mayoral term by reason of involuntary
relinquishment of office. After a re-appreciation
and revision of the contested ballots the
COMELEC itself declared by final judgment that
petitioner Lonzanida lost in the May 1995
 mayoral elections and his previous proclamation
as winner was declared null and void. His
assumption of office as mayor cannot be
deemed to have been by reason of a valid
election but by reason of a void proclamation.
A proclamation subsequently declared void is no
proclamation at all.
2. Did not fully served the May 1995 to 1998 term :
because he was ordered to vacate his post
before the expiration of the term.
 Voluntary v. Involuntary Renunciation: Voluntary
renunciation of a term does not cancel the
renounced term in the computation of the three
term limit; conversely, involuntary severance from
office for any length of time short of the full term
provided by law amounts to an interruption of
continuity of service. The petitioner vacated his
post not by voluntary renunciation but in
compliance with the legal process of writ of
execution issued by the COMELEC to that
effect. Such involuntary severance from office
is an interruption of continuity of service.
!!! Dan Gat's Notes:
SC has made a distinction between:
a. voluntary renunciation  term deemed fully
served
b. involuntary renunciation  term not deemed fully
served
Sir asks…what if the official, on his third term of
office, was suspended for one day  involuntary
renunciation? So he can run again in the next
election?
Adormeo vs. COMELEC (2002)
Facts:
 Talaga, served as mayor:
a. May 1992 – served the full term
b. 1995 – served a full term
c. 1998- lost to Tagaro
d. 2000 recall election – served the unexpired
portion of Tagarao
 Talaga and Adormeo filed their COCs for the
2001 elections
 Adormeo filed a petition to cancel the COC of
and disqualify Talaga on the ground that it had
served as a city mayor for 3 consecutive terms
which is in violation of Sec 8 Art X of the Consti.
Issue: WON Talaga is qualified to run as Mayor of
Lucena.
Held: YES
Talaga has not yet served for 3 consecutive terms.
The term limit for elective local officials must be taken
to refer to the right to be elected as well as the right
to serve in the same elective position. It is not
enough that an individual has served 3 consecutive
terms in an elective local office, he must also have
been elected to the same position for the same
number of times before the disqualification can apply.
For the disqualification to apply, 2 conditions must
concur:
1. that the official has been elected for 3
consecutive terms in the same local govt.
post
2. that he has fully served the 3 consecutive
terms.
For nearly 2 years, Talaga was a private citizen. The
continuity of his mayorship was disrupted by his
defeat in the 1998 elections.
Fr. Bernas’ comment (if one is elected representative
to serve the unexpired term of another, that
unexpired, no matter how short, will be considered 1
term xxx) is pertinent only to members of the House
of Rep.
Socrates vs. COMELEC (2002)
Facts:
 July 2, 2002- Puerto Princessa barangay officials
convened into a Preparatory Recall Assembly to
initiate the recall of Mayor Socrates. Resolution
No. 01-02 was passed.
 Socrates questioned Resolution but Comelec
upheld it.
 Hagedorn filed his CoC for mayor in said recall
election.
 Respondents filed a petition to disqualify him and
to cancel his CoC on the ground that such would
then be his fourth consecutive term having been
elected for 3 consecutive terms
Issue: WON Hagedorn is qualified to run for mayor
Held: YES
3-term limit rule for elective local officials is found in
Sec 8 Art X of the Consti and on Sec. 43(b) of the
LGC. These constitutional and statutory provisions
have 2 parts:
1. provides that an elective local official cannot serve
for more than 3 consecutive terms. The clear intent
is that only consecutive terms count in determining
the 3-term rule limit.
2. voluntary renunciation of the office for any length
of time does not interrupt the continuity of service.
The clear intent is that involuntary severance from
office for any length of time interrupts continuity of
service and prevents the service before and after the
interruption from being joined together from a
continuous service or consecutive terms.
The prohibited election refers to the next regular
election of the same office following the end of the
3rd consecutive term.

Any subsequent election is no longer covered by the
prohibition for 2 reasons:
1. A subsequent election like a recall election is no
longer an immediate reelection after 3 consecutive
terms
2. The intervening period constitutes an involuntary
interruption in the continuity of service.
Deliberation of the ConCom shows that what is
prohibited is an immediate reelection for a 4th term
immediately after the end of the 3rd consecituve
term.
Hagedorn's candidacy in the recall election does not
fall under the said prohibition. He was elected for 3
consecutive terms in the 1992, 1995, and 1998
elections and served in full his 3 consecutive terms
as mayor of Puerto Princesa. Under the Consti and
the LGC he can no longer run for the 2001 elections
because of which it was Socrates who ran and won
the said position. Hagedorn then became a private
citizen for nearly 15 months. Said period is clearly an
interruption in the continuity of HAgedorn's service as
mayor not because of voluntary renunciation but
because of a legal prohibition.
Constitution does not require that the interruption be
a full term of 3 years. The clear intent is that
interruption for any length of time is sufficient to break
an elective local official's continuity of service.
Hagedorn's recall term does not retroact to include
the tenure in office of Socrates. He does not serve
the full term of the predecessor but only the expired
term.
!!! Dan Gat's Notes:
Ah! So an LGU elective official can stay in power
forever! Serve three terms; then be sure your
successor gets recalled; then be sure to win in the
recall election; then you have a fresh three terms
again after serving the recall term.
Mendoza vs. COMELEC (2001)
(sorry kung mahaba ito. Many important arguments -
geof)
Facts:
 Leonardo B. Roman held the post of
governor of Bataan province for several
terms:
Years Manner of Assumption
served
1986-1988 Appointed OIC Governor of Bataan
province by former Pres. Aquino and
served up to 1988
1988-1992 Elected gov. and served up to 1992
1994-1995 Elected gov. during the recall election
in 1993, assumed office on June 28,
1994 and served up to 1995
1995-1998 Elected gov. and served up to 1998
1998-2001 Elected gov. and served up to 2001
2001-2004 Elected gov. and presently the
incumbent gov.
 Petitioners filed with the COMELEC a petition
for quo warranto, alleging that Roman has served
as governor of Bataan for 3 consecutive terms
counted from his assumption of office by virtue of
the 1993 recall election. As such, he is
disqualified/ ineligible to seek a 4 th term for the
same position in 2001.
 After due deliberation, the SC voted 8-7 to
dismiss the petition.
Vitug, J: (joined by Ynares-Santiago, J.)
WON Roman’s incumbency to the post of Governor
following the recall elections be included in
determining the 3-consecutive term limit - NO
 In order that the 3-consecutive term limit can
apply, 2 conditions must concur:
o That the elective local official
concerned has been elected for 3
consecutive terms to the same local
government position, and
o That he has served 3 consecutive full
terms.
 A winner who dislodges in a recall election an
incumbent elective local official merely serves the
balance of the latter’s term of office; it is not a full
3-year term.
 < It also goes without saying that an
incumbent elective local official against whom a
recall election is initiated and who nevertheless
wins in a recall election must be viewed as being
a continuing term of office and not as a break in
reckoning his 3 consecutive terms.>
 If involuntary severance from the service
which results in the incumbent’s being unable to
finish his term of office because of his ouster
through valid recall proceedings negates “one
term” for purposes of applying the 3-term limit, it
stands to reason that the balance of the term
assumed by the newly elected local official in a
recall election should not also be held to be one
term in reckoning the 3-term limit. In both
situations, neither the elective local official who is
unable to finish his term nor the elected local
official who only assumes the balance of the term
of the ousted official following the recall election
could be considered to have served a full 3-year
term set by the Constitution.
Mendoza, J: (joined by Quisumbing, J.):
WON Roman’s last election violates the 3-term limit
in the Consti. Considering that at that time he had
served for only 7 years – NO
 To summarize, in applying the 3-term limit,
the term during which succession takes place or
a recall election is held should not be counted,
either with the 3 consecutive terms preceding, or
with the 3 consecutive terms succeeding, such
term. It should not be counted, not because of
any interruption in the continuity of the service
but because such term is for less than 3 years.
Hence, the unexpired portion of a term, whether
filled by succession or by election in a recall,
cannot be considered 1 full term. In the CAB,
since Roman’s first election in 1993 was in
consequence of a recall and not a regular
election and he had not fully served 3
consecutive terms when he was elected in 2001,
his last election is valid. The cases of Borja and
Arcos are on all fours with the CAB.
 Succession and recall are alike. They are
both modes of succession for the purpose of
automatically filling permanent vacancies in
elective local offices to prevent a hiatus in office.
The local official who succeeds to the office or is
elected in a recall simply finishes the term of his
predecessor.
Panganiban, J.: (joined by Puno, J.) Dismisses
Petition
An Apparent Distinction That Does Not Make a Real
Difference
 To argue and differentiate – that in one case
there was succession to office and in the other a
recall election – would be to quibble over an
apparent distinction that does not make a real
difference.
 Petitioners opine that in establishing term
limits, the Consti. intended to prevent a local
official from holding the same office for a period
longer than 3 consecutive terms or a total of 9
years. However, whether the initial accession to
office was by virtue of succession/ operation of
law or by virtue of a recall election, the same evil
(monopoly of political power) might still arise at
some point down the road.
 One unusual mode of entry into public office
would be simplistically favored over another if
one official is allowed to serve more than 3 terms,
on the ground that the excess was by virtue of a
legal succession to a vacant office; and to
disallow another from so serving, simply because
the excess was by reason of a recall election.
Simplistically, assumption of office by
operation of law would be favored over that
by recall election.
 Such line of reasoning puts a higher premium
on an accidental or opportunistic succession to
office (for ex., through the death of the
incumbent) over a collective and earnest
expression of the people’s sovereign will (as
through a recall election).
 The SC’s pronouncement in Socrates is of no
avail either. The analysis therein cannot be
regarded as controlling insofar as the instant
case is concerned. In that case, the main issue
was whether a recall election that took place after
the 4th consecutive election had taken place was
to be deemed an “immediate reelection” to a 4 th
term. The SC answered “No,” there was “no
immediate reelection after 3 consecutive terms.”
 The issues in Socrates did not include the
question whether a recall term should be
considered 1 term for purposes of reckoning term
limits. Therefore, the SC’s ratiocination that a
recall term is 1 term for purposes of counting the
3-term limit may be regarded merely as an obiter
dictum.
Sandoval-Gutierrez, J.:
(joined by Davide, C.J, Austria-Martinez, Corona, and
Callejo, Sr.)
WON a governor, elected in a recall election and who
has held office for the unexpired term of his
predecessor, is considered to have served a full term
for the purpose of applying the 3-term limit under the
Consti – YES
 Said constitutional and statutory provisions
on term limits make no distinction as to the
nature of the election – whether regular, special
or recall elections. Where the law does not
distinguish, the courts should make no
distinction. These provisions do not confine the
3-term rule to regular elections only. They
include any election (such as recall election) for
the same position.
 To exclude the service of such official who
won the recall election would certainly permit a
circumvention of the purpose of the 3-term rule
 The SC, just a month ago, declared in
Socrates that although an official elected in a
recall election serves the unexpired term of the
recalled official, this unexpired term is in itself 1
term for purposes of counting the 3-term limit. It
went further in saying that a local official who
serves a recall term should know that such term
is in itself 1 term although less than 3 years. This
is the inherent limitation he takes by running and
winning in the recall election. It now boggles my
mind why the majority has made a complete turn-
around and totally disregarded this significant
pronouncement which could have given life to the
constitutional mandate.
Carpio, J.: (joined by Carpio-Morales, J.)
WON a recall term is considered as 1 term for
purposes of counting the 3-term limit of elective local
officials – YES
 The instant case is not a situation where the
official succeeded by operation of law to the
office and served the unexpired term of his
predecessor as in Borja. Here, Roman was
elected to serve the unexpired term of his
predecessor. To say that the recall term is a
stray term, belonging to no elected official in
counting the 3-term limit, is to ignore reality. A
recall term arises from a special election for a
fixed term of office – the unexpired term of the
recalled official. The official elected in a recall
election has the same functions and powers
as an official elected to the same office in a
regular election. The recall term is a legal and
political fact that cannot just be dismissed as
a stray term.
 In Adormeo and Socrates, it was ruled that
the recall term is not consecutive to the previous
terms of one who wins the recall election against
the recalled official. The term of office of the
incumbent or recalled official serves to break the
continuity of service of the comebacking official
who wins a recall election. But a recall term of an
official who is re-elected in the next 2 regular
elections, like that of Roman, is not interrupted by
any term of another official. Thus, such recall
term should be counted in computing the 3-term
limit.
 To consider a recall term as a stray term will
encourage a person disqualified because of the
3-term limit to agitate for the recall of his
immediate successor.
Azcuna, J.: (joined by Bellosillo, J.)
 In the present case, Roman’s election as
governor in the recall election should not be
counted as 1 full term. For the disqualification to
attach, 3 consecutive terms must be served in
full. This is the exception to the rule, so it must be
strictly complied with. Service for less than the
full term, except only in case of voluntary
renunciation, should not be counted to determine
the existence of the disqualification.
Voted to DISMISS pet: Voted to GRANT pet.:
Vitug Sandoval-Gutierrez
Ynares-Santiago Davide
Mendoza Austria-Martinez
Quisumbing Corona
Panganiban Callejo, Sr.
Puno Carpio
Azcuna Carpio-Morales
Bellosillo
David vs. COMELEC (1997)
Section 43(c) of R.A. 7160 reads: The term of office
of barangay officials and members of the
sangguniang kabataan shall be for 3 years, which
shall begin after the regular election of barangay
officials on the second Monday of May 1994.
Issue: WON the law which governs the term of office
of bgy. officials is RA 7160 (and not 6679)
Held: YES, RA 7160
 In light of the historical background, the intent
and design of the legislature to limit the term of
barangay officials to only 3 years as provided
under the LGC emerges.
Issue: WON the 3-year term is repugnant to the
Constitution
Held: NO
(Liga ng mga Barangay posits that by excepting
barangay officials whose "term shall be determined
by law" from the general provision fixing the term of
"elective local officials" at 3 years, the Constitution
thereby impliedly prohibits Congress from legislating
a 3-year term for such officers.)
 The Constitution did not expressly prohibit
Congress from fixing any term of office for
barangay officials. It merely left the determination
of such term to the lawmaking body, without any
specific limitation or prohibition, thereby leaving
to the lawmakers full discretion to fix such term in
accordance with the exigencies of public service.
Monroy vs. CA (1967)
Facts:
 Roberto Monroy was the incumbent mayor of
Navotas, Rizal when he filed his certificate of
candidacy as representative of the 1 st district of
Rizal.
 3 days later, he filed a petition with the Comelec
withdrawing said certificate of candidacy. The
Comelec approved the withdrawal.
 However, then Vice mayor Felipe del Rosario
took his oath of office as municipal mayor on the
theory that:
- Monroy had forfeited his office upon his filing
of the certificate of candidacy in question.
Issue: WON withdrawal of COC restored petitioner to
his former position
Held: NO
1. The Law: Section 27 of the Revised Election Code:
Any elective provincial, municipal or city
official running for an office. Other than the one
which he is actually holding, shall be considered
resigned from his office from the moment of the filing
of his COC.
2. Forfeiture is therefore automatic and permanently
effective upon the filing of the COC for another office.
- consider only the MOMENT and ACT of filing
3. JBL Reyes in Castro vs. Gatuslao:
 The wording of the law plainly indicates that
only the date of the filing xxx should be taken into
account. The law does not make the forfeiture
dependent upon future contingencies. Unforeseen
and unforeseeable, since the vacating is expressly
made as of the moment of the filing of the COC.
Aguinaldo vs. COMELEC (1999)
 Petitioners Aguinaldo et al were incumbent
provincial or municipal officials in Cagayan. They
seek to prevent the Comelec from enforcing during
the 1998 elections Section 67 of the Omnibus
Election Code (BP 881).
 Section 67 of the Omnibus Election Code
provides:
Sec. 67. Any elective official, whether national
or local, running for any office other than the one
which he is holding in a permanent capacity,
except for President and Vice President, shall be
considered ipso facto resigned from his office
upon the filing of his certificate of candidacy
Issue: WON Section 67 is unconstitutional for
violating the equal protection clause
Held: No
 In Dimaporo v Mitra, the Supreme Court ruled that
1. Section 67 seeks to ensure that elective
public officials serve out their entire term of office
by discouraging them from running for another
public office and thereby cutting short their tenure
by making it clear that should they fail in their
candidacy, they cannot go back to their former
position.
2. Section 67 was crafted with the intention of
giving flesh to the constitutional mandate that
public service is a public trust. This means that all
elective officials should honor the mandate they
have gotten from the people. They should not be
allowed to deviate from this mandate by running
for another position during his term of office,
unless he relinquishes or abandons his office.
If a Batasan member, governor or mayor who
was mandated to serve for a fixed number of
years is allowed to run for an office other than the
one he was elected to serve, then that clearly
shows that he does not have the intention to
service the mandate of the people which was
placed upon him and therefore he should be
considered as ipso facto resigned. (from the
records of the deliberations of the Batasang
Pambansa)
3. Section 67 does not unduly cut short the term
of office of local officials. The situation that results
with the application of Section 67 is covered by
the term “voluntary renunciation.” The filing of a
certificate of candidacy for another office
constitutes an overt, concrete act of voluntary
renunciation of the elective office presently being
held by the concerned official.
Hunting the Elusive G-Spot by Tamar Love
Virtually everyone has heard stories about a magic
spot inside a woman that, if properly stimulated, will
send her to paroxysms of sexual ecstasy. Known as
the G-Spot, this area has been the subject of several
books and countless magazine articles. But does it
really exist? If so, how do you find it?
The simple answer is yes, the G-Spot does exist, but
but there's nothing mysterious about it. It's simply an
area of increased sensitivity that many women like to
have stimulated. Named after Ernst Grafenberg, a
German medical doctor who wrote about "an erotic
zone located on the anterior wall of the vagina along
the course of the urethra that would swell during
sexual stimulation," the G-Spot was popularized
during the Women's Movement in The G Spot, a best-
selling book by Alice K. Ladas, Beverly Whipple and
John D. Perry. (continued…)
Vacancies and Succession
Sec44: Permanent Vacancies in the Offices of the
Governor, Vice-Governor, Mayor, and Vice-
Mayor. — If a permanent vacancy occurs in the
office of the governor or mayor, the vice-governor
or vice-mayor concerned shall become the
governor or mayor. If a permanent vacancy occurs
in the offices of the governor, vice-governor, mayor,
or vice-mayor, the highest ranking sanggunian
member or, in case of his permanent inability, the
second highest ranking sanggunian member, shall
become the governor, vice-governor, mayor or vice-
mayor, as the case may be. Subsequent vacancies
in the said office shall be filled automatically by the
other sanggunian members according to their
ranking as defined herein.
(b) If a permanent vacancy occurs in the office of
the punong barangay, the highest ranking
sanggunian barangay member or, in case of his
permanent inability, the second highest ranking
sanggunian member, shall become the punong
barangay.
(c) A tie between or among the highest ranking
sanggunian members shall be resolved by the
drawing of lots.
(d) The successors as defined herein shall serve
only the unexpired terms of their predecessors.
For purposes of this Chapter, a permanent vacancy
arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to
qualify, dies, is removed from office, voluntarily
resigns, or is otherwise permanently incapacitated
to discharge the functions of his office.
For purposes of succession as provided in the
Chapter, ranking in the sanggunian shall be
determined on the basis of the proportion of votes
obtained by each winning candidate to the total
 number of registered voters in each district in the
immediately preceding local election.
Sec45: Permanent Vacancies in the Sanggunian.
— (b) Said temporary incapacity shall terminate
(a) Permanent vacancies in the sanggunian where
automatic succession provided above do not apply
shall be filled by appointment in the following
manner:
(1) The President, through the Executive
Secretary, in the case of the sangguniang
panlalawigan and the sangguniang
panlungsod of highly urbanized cities and
independent component cities;
(2) The governor, in the case of the sangguniang
panlungsod of component cities and the
sangguniang bayan;
(3) The city or municipal mayor, in the case of
sangguniang barangay, upon
recommendation of the sangguniang
barangay concerned.
(b) Except for the sangguniang barangay, only
the nominee of the political party under which the
sanggunian member concerned had been elected
and whose elevation to the position next higher in
rank created the last vacancy in the sanggunian
shall be appointed in the manner hereinabove
provided. The appointee shall come from the same
political party as that of the sanggunian member
who caused the vacancy and shall serve the
unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a
certificate of membership of the appointee from the
highest official of the political party concerned are
conditions sine qua non, and any appointment
without such nomination and certification shall be
null and void ab initio and shall be a ground for
administrative action against the official responsible
therefore.
(c) In case or permanent vacancy is caused by a
sanggunian member who does not belong to any
political party, the local chief executive shall, upon
recommendation of the sanggunian concerned,
appoint a qualified person to fill the vacancy.
(d) In case of vacancy in the representation of
the youth and the barangay in the sanggunian, said
vacancy shall be filled automatically by the official
next in rank of the organization concerned.
Sec46: Temporary Vacancy in the Office of the
Local Chief Executive. —
(a) When the governor, city or municipal mayor, or
punong barangay is temporarily incapacitated to
perform his duties for physical or legal reasons
such as, but not limited to, leave of absence, travel
abroad, and suspension from office, the vice-
governor, city or municipal vice-mayor, or the
highest ranking sangguniang barangay member
shall automatically exercise the powers and
perform the duties and functions of the local chief
executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be
exercised if the period of temporary incapacity
exceeds thirty (30) working days.
upon submission to the appropriate sanggunian of
a written declaration by the local chief executive
concerned that he has reported back to office. In
cases where the temporary incapacity is due to
legal causes, the local chief executive concerned
shall also submit necessary documents showing
that said legal causes no longer exist.
(c) When the incumbent local chief executive is
traveling within the country but outside his territorial
jurisdiction for a period not exceeding three (3)
consecutive days, he may designate in writing the
officer-in-charge of the said office. Such
authorization shall specify the powers and functions
that the local official concerned shall exercise in the
absence of the local chief executive except the
power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief
executive concerned fails or refuses to issue such
authorization, the vice-governor, the city or
municipal vice-mayor, or the highest ranking
sangguniang barangay member, as the case may
be, shall have the right to assume the powers,
duties, and functions of the said office on the fourth
(4th) day of absence of the said local chief
executive, subject to the limitations provided in
subsection (c) hereof.
(e) Except as provided above, the local chief
executive shall in no case authorize any local
official to assume the powers, duties, and functions
of the office, other than the vice-governor, the city
or municipal vice-mayor, or the highest ranking
sangguniang barangay member, as the case may
be.
Sec47: Approval of Leaves of Absence. —
(a) Leaves of absence of local elective officials
shall be approved as follows:
(1) Leaves of absence of the governor and the
mayor of a highly urbanized city or an
independent component city shall be
approved by the President or his duly
authorized representative;
(2) Leaves of absence of vice-governor or a city
or municipal vice-mayor shall be approved by
the local chief executive concerned:
Provided, That the leaves of absence of the
members of the sanggunian and its
employees shall be approved by the vice-
governor or city or municipal vice-mayor
concerned;
(3) Leaves of absence of the component city or
municipal mayor shall be approved by the
governor; and
(4) Leaves of absence of a punong barangay
shall be approved by the city or municipal
 mayor: Provided, That leaves of absence of
sangguniang barangay members shall be
approved by the punong barangay.
(b) Whenever the application for leave of
absence hereinabove specified is not acted upon
within five (5) working days after receipt thereof,
the application for leave of absence shall be
deemed approved.
Menzon vs. Petilla (1991)
Facts:
 No Governor was proclaimed for the province of
Leyte due to a pending election case before the
COMELEC.
 Sec of Local Govt Santos designated Vice-Gov
Petilla as Acting Gov of Leyte, and Sangguniang
Panlalawigan Member Menzon as Acting Vice-
Gov.
 The Sangguniang Panlalawigan issued
Resolution 505, resolving NOT to recognize the
designation of Menzon as Acting Vice-Gov.
Issue1: WON there was a vacancy in the office of
Vice-Gov
Held: YES
There is a vacancy when there is no person lawfully
authorized to assume and exercise at present the
duties of the office.
HERE  The office of Vice-Gov was left vacant when
the duly elected Vice-Gov, Petilla was appointed as
Acting Gov. In the eyes of the law, the office to which
he was elected was left barren of a legally qualified
person to exercise the duties of the office of Vice-
Gov.
Issue2: WON the Sec. of Interior had the authority to
designate Menzon as Acting Vice-Gov
Held: YES
1 Under the circumstances of this case:
a. Silence of the LGC as to the mode of
succession in the event of a temporary
vacancy in the office of Vice-Gov; and
b. Necessity for the appointment of Vice-Gov
demanded by the exigencies of public
service - to prevent a delay in the delivery of
basic services and the disruption in the
proper management of the affairs of Leyte
during the time when no Gov had yet been
proclaimed
…the President, through her alter ego, the Sec of
Local Govt, may remedy the situation [by declaring
the temporary appointment of Menzon as Acting
Vice-Gov].
2 CA 588 & the Revised Admin Code of 1987,
authorizing the Prex to make temporary
appointments in case of vacancies in appointive
positions, may be similarly applied in the present
case.
- in the absence of any contrary provision in
the LGC
- in the best interest of public service
Gamboa vs. Aguirre (1999)
Facts:
 Negros Occidental Governor Coscolluela
designated petitioner Gamboa as acting
governor for the duration of the governor's official
trip abroad
 Subsequently, when the SP held its regular
session, respondents (members of the
Sangguniang Panlalawigan) questioned the
authority of Gamboa to preside therein in view of
his designation as Acting Governor
Issue: WON an incumbent Vice-Governor, while
concurrently the Acting Governor, continue to
preside over the sessions of the Sangguniang
Panlalawigan
Held:
NO. There results a temporary vacancy in the
office of the Vice-Governor whenever the latter acts
as Governor by virtue of a temporary vacancy.
1. unlike under the old LGC where the Governor
is not only the provincial chief executive but
also the presiding officer of the local legislative
body, the new LGC deprived the Governor of the
power to preside over the SP
 this is clear from the provision of the LGC that the
"local legislative power shall be vested in the
SP" (Sec 48) which is comprised of:
1.) Vice Governor, as presiding officer
2.) Regular elective SP members
3.) Three elective sectoral representatives
4.) ex-officio members, nameley:
a.) president of the provincial chapter of the
liga ng mga barangay
b.) president of the panlalawigang
pederasyon ng mga sangguniang
kabataan
c.) president of the provincial federation of
sanggunian members of municipalities
and component cities
 Governor is not in the list! when the law
enumerates, the law necessarily excludes.
Consequently, the union of legislative-executive
powers in the Governor has been disbanded
2. It has been held that if a Mayor who is out of
country is considered effectively absent, the
 Vice-Mayor should discharge the duties of the
mayor. This should equally apply in the CAB.
 Although it is difficult to lay down a definite rule
as to what constitutes "absence", this term
should be reasonably construed to mean
"effective" absence  one that renders the
officer concerned powerless for the time being
to discharge the powers and prerogatives of his
office
 Being the Acting Gov, the Vice Gov cannot
continue to simultaneously exercise the duties
of the latter office, since the nature of the duties
of the provincial Governor call for a full time
occupant to discharge them.
3. Remedy: Article 49 (b) of LGC: election of a
temporary presiding officer.
Docena vs. Sangguniang Panlalawigan of Eastern
Samar (1991)
Facts
 Luis Capito, elected and serving as member of
the Sangguniang Panlalawigan (SP) died in office
 Petitioner Agustin Docena was appointed to
succeed Capito
 This appontment was issued by Department of
Local Government Secretary Santos on
November 19, 1990
 November 27: For unknown reasons,
respondent Socrates Alar was also appointed by
Secretary Santos to the position already
occupied by Docena
 December 18: the SP passed Resolution No. 75
recognizing Alar rather than Docena as legitimate
successor of the late Capito
 December 19: Secretary Santos sent a letter to
Alar, informing the latter of the prior appointment
of Docena and recalling Alar's appointment
Issue: WON Docena should be the appointed
member to the Sangguniang Panlalawigan
Held: Yes
The pertinent legal provision is Section 50, LGC:
SEC. 50. Permanent Vacancies in Local
Sanggunians. Except for the sangguniang barangay,
the appointee shall come from the political party of
the sanggunian member who caused the vacancy,
and shall serve the unexpired term of the vacant
office.
1. From the tenor of the appointment extended to
Docena on November 19, 1990, there is no question
that it was intended to be permanent. Petitioner's
appointment had already become complete and
enforceable at the time it was supposed to have been
"superseded" by the appointment in favor of Alar.
 Docena had already acquired security of tenure
in the position and could be removed therefrom
only for any of the causes, and conformably to
the procedure, prescribed by the Local
Government Code. These requirements could not
be circumvented by the simple process of
recalling his appointment.
2. The respondents are ambivalent about the power
of the Secretary of Local Government to recall his
appointments.
 They described the December 19 recall of Alar
as "whimsical, capricious and wishy-washy" for
lack of a previous hearing (although they had no
similar complaints about the recall of Docena's
appointment although also made without
hearing).
!!! Dan Gat's Notes:
Docena still good law?
Victoria vs. COMELEC (1994)
Issue: How should the ranking of SP members be
computed for the purpose of succession?
Petitioner’r argument: ranking of the SP members
should not only be based on the number of votes
obtained in relation to the total number of registered
voters, but also on the number of voters in the district
who actually voted therein (which will result in
petitioner Victoria ranking 1st)
Held:
Sec 44 of LGCode last par provides:
. . . . "For purposes of succession as provided in this
Chapter, ranking in the sanggunian shall be
determined on the basis of the proportion of votes
obtained by each winning candidates to the total
number of registered voters in each district in the
immediately preceding local election."
The law is clear that the ranking in the SP shall be
determined on the basis of the proportion of the votes
obtained by each winning candidate to the total
number of registered voters of each district.
It does not mention anything about factoring the
numbers of voters who actually voted.
Fariñas vs. Barba (1996)
Issue1: In case of a permanent vacancy in the
Sangguniang Bayan caused by the cessation from
office of a member who does not belong to any
political party, who can appoint the replacement and
in accordance with what procedure?
Held: Governor upon the recommendation of SB
concerned
Since the vacancy in this case was created by a SB
member who did not belong to any political party, the
specific provision involved is par. (c) of Sec. 45 to wit:
In case the permanent vacancy is caused by a
sanggunian member who does not belong to any
political party, the local chief executive shall,
upon recommendation of the sanggunian
concerned, appoint a qualified person to fill the
vacancy.
To be sure the President of the Philippines can not be
referred to as "local chief executive" in Sec. 45(c). It
is apparent that the phrase is a misnomer and that
the choice of this phrase was simply dictated by the
need to avoid, for stylistic reasons, interminably
repeating the officials on whom the power to appoint
is conferred. Perhaps "authorities concerned" would
have been a more accurate generic phrase to use.
The phrase "sanggunian concerned" in Sec. 45(c)
should more properly be understood as referring to
the Sanggunian in which the vacancy is created. This
is in keeping with the policy implicit in Sec. 45(a)(3).
CONSTRUCTION OF SEC. 45:
Where the Permanent Vacancy is Caused by a
Sanggunian Member belonging to a Political Party
Sangguniang Panlalawigan and Sanguniang
Panlungsod of highly urbanized cities and
independent component cities — The President,
through the Executive Secretary, upon the
nomination and certification of the political party to
which the member who caused the vacancy
belonged, as provided in Sec. 45(b).
Sangguniang Panlungsod of component cities and
Sangguniang Bayan — The Governor upon the
nomination and certification of the political party to
which the member who caused the vacancy
belonged, as provided in Sec. 45(b).
Where the Vacancy is Caused by a Sanggunian
Member Not Belonging to a Political Party
Sangguniang Panlalawigan and Sangguniang
Panlungsod of highly urbanized and independent
component cites — The President, through the
Executive Secretary, upon recommendation- of the
Sangguniang Panlalawigan or Sangguniang
Panlungsod as the case may be.
Sangguniang Panlungsod of component cities and
Sangguniang Bayan — The Governor upon
recommendation of the Sangguniang Panlungsod or
Sangguniang Bayan as the case may be.
Where the Vacancy is Caused by a Member of the
Sangguniang Barangay — City or Municipal Mayor
upon recommendation of the Sangguniang Barangay
There is only one rule governing appointments to the
Sangguniang Barangay. Any vacancy therein caused
by the cessation from office of a member must be
made by the mayor upon the recommendation of that
Sanggunian. The reason is that members of the
Sangguniang Barangay are not allowed to have party
affiliations.
Issue2: Is the appointing authority limited to the
appointment of those "recommended" to him?
Held: YES
The appointing authority is not bound to appoint
anyone recommended to him by the Sanggunian
concerned. The power of appointment is a
discretionary power. On the other hand, neither is the
appointing power vested with so large a discretion
that he can disregard the recommendation of the
Sanggunian concerned. Since the recommendation
takes the place of nomination by political party, the
recommendation must likewise be considered a
condition sine qua non for the validity of the
appointment, by analogy to the provision of Sec.
45(b).
IN CAB, since neither Nacino nor Palafox was
appointed in the manner indicated in the SB of San
Nicolas. For while Nacino was appointed by Gov, he
was not recommended by the SB of San Nicolas. On
the other hand, Palafox was recommended by the
mayor and not the provincial governor who appointed
him.
Navarro vs. CA (2001)
Facts:
May11, 1997 local elections in Mapandan,
Pangasinan, following officials were elected to
office…
Calimlim – Mayor – Lakas NUCD-KAMPI
Aquino – Vice-Mayor – Lakas…
As members of Sangguniang Bayan ranked
accordingly…
1. Tamayo – REFORMA-LM
2. Soriano – REFORMA…
3. Biagtan – REFORMA
4. Lalas – REFORMA
5. Eden, Jr. – REFORMA
6. Lalangan – Lakas…
7. Pascual – REFORMA
8. Lalas – Lakas…
 Mayor Calimlim died.
 Vice-Mayor Aquino succeeded as Mayor by
operation of law (Sec44, LGC) filling up the
 vacancy created. Accordingly, Tamayo, the
highest ranking member of the Sangguniang
Bayan (the one who garnered the highest
number of votes) was elevated to the position of
Vice-Mayor, pursuant to same law.
 Since a vacancy occurred in Sang. Bayan by
elevation of Tamayo to Vice-Mayor office,
Governor Agbayani appointed Navarro
(belonging to and recommended by REFORMA
party, party of Tamayo) as Member.
 Private respondents (from Lakas) filed civil case
to nullify appointment of Navarro before RTC.
Issue1: Who created the last vacancy?
Held: Elevation of Tamayo to Office of Vice Mayor.
Under Sec44, a permanent vacancy arises when an
elective official:
(1) fills a higher vacant office
(2) refuses to assume office
(3) fails to qualify
(4) dies
(5) is removed from office
(6) voluntarily resigns
(7) otherwise permanently incapacitated to
discharge the functions of his office
Crucial to the interpretation of Sec45(b) providing that
“xxx only the nominee of the political party under
which the Sanggunian member concerned has been
elected and whose elevation to the position next
higher in rank created the last vacancy in the
Sanggunian shall be appointed in the manner
hereinabove provided. The appointee shall come
from the political party as that of the Sanggunian
member who caused the vacancy xxx.”
Reason behind the right given to a political party to
nominate a replacement where a permanent vacancy
occurs in the Sanggunian  to maintain the party
representation as willed by the people in the
election.
In CAB,
 with the elevation of Tamayo (from REFORMA) to
position of ViceMayor, a vacancy occurred in the
Sanggunian that should be filled up with
someone who should belong to same political
party.
 Otherwise, REFORMA’s representation in
Sanggunian would be diminished.
 To argue that vacancy created was that formerly
held by Lalas (from Lakas) as concluded by CA,
would result in the increase of that party’s
representation at the expense of REFORMA.
This is contrary to the letter and spirit of the law
and thus violative of a fundamental rule in
statutory construction  to ascertain and give
effect to the intent and purpose of the law.
 The “last vacancy” in the Sanggunian refers to
that created by the elevation of the member
formerly occupying the next higher in rank which
in turn also had become vacant by any of the
causes already enumerated.
 The term is thus used in Sec45(b) to differentiate
it from the other vacancy previously created.
 The term by no means refers to the vacancy in
No.8 position which occurred with the election of
Lalas to 7th position. Such construction will result
in absurdity.
Miranda vs. Carreon (2003)
Facts:
 ViceMayor Navarro, while serving as Acting
Mayor of Santiago City because of Mayor
Miranda’s suspension, appointed respondents to
positions in the city gov’t. – with permanent
status and based on the evaluation made by the
City Personnel Selection and Promotion Brd
(PSPB), approved by CSC.
 When Mayor Miranda reassumed his post on
March5, 1998, he considered the composition of
PSPB irregular since majority party was not
properly represented.
 3months after (June10), Miranda issued an order
terminating Respondents' services effective
June15 because they performed poorly during
the probationary period.
Issue: W/N respondents’ services were illegally
terminated.
Held: YES. Respondents already under Civil Service,
so the Civil Service Law applies.
I. Observance of Condition of Probationary
Period
To be able to gauge whether a subordinate is
inefficient or incompetent requires enough time on
the part of his immediate superior within which to
observe his performance.
Civil Service Law provides specific grounds for
dismissing a government officer of employee from
service, among which are inefficiency and
incompetence in performance of official duties.
Dismissal was on the ground of poor performance.
Poor performance falls within the concept of
inefficiency and incompetence in the performance of
official duties which are grounds from dismissing a
government official or employee from service. This
concept requires passage of sufficient time
(probationary period of 6 months) for it to be
determined.
CAB: However, the condition was not observed –
where it is improbable that Mayor Miranda could
finally determine their performance for only the 1 st 3
months of probationary period.
II. Due Process
Omnibus Guidelines on Appointments and Other
Personnel Actions (CSC Memo Circular) provides
that an official or employee may be dropped from
rolls based on poor performance in a rating after due
notice – that he be informed in writing of the
status of his performance not later than the 4 th
month of that period with sufficient warning that
failure to improve his performance within the
remaining period of semester shall warrant
separation from service… with sufficient
information to enable employee to prepare an
explanation.
CAB: Respondents were denied due process.
1. They vehemently asserted that they were
never notified in writing regarding the status of
their performance, nor warned that they will be
dismissed for failure to improve which Joel did
not refute.
2. Records show that they received only the
termination order.
Local Legislation - LGC
Sec48: Local Legislative Power. — Local legislative
power shall be exercised by the sangguniang
panlalawigan for the province; the sangguniang
panlungsod for the city; the sangguniang bayan for
the municipality; and the sangguniang barangay for
the barangay. cdtai
Sec49: Presiding Officer. —
(a) The vice-governor shall be the presiding officer
of the sangguniang panlalawigan; the city vice-
mayor, of the sangguniang panlungsod; the
municipal vice-mayor, of the sangguniang bayan;
and the punong barangay, of the sangguniang
barangay. The presiding officer shall vote only to
break a tie.
(b) In the event of the inability of the regular
presiding officer to preside at a sanggunian
session, the members present and constituting a
quorum shall elect from among themselves a
temporary presiding officer. He shall certify within
ten (10) days from the passage of ordinances
enacted and resolutions adopted by the
sanggunian in the session over which he
temporarily presided.
Sec50: Internal Rules of Procedure. —
(a) On the first regular session following the
election of its members and within ninety (90) days
thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure.
(b) The rules of procedure shall provided for the
following:
(1) The organization of the sanggunian and the
election of its officers as well as the creation
of standing committees which shall include,
but shall not be limited to, the committees on
appropriations, women and family, human
rights, youth and sports development,
environmental protection, and cooperatives;
the general jurisdiction of each committee;
and the election of the chairman and
members of each committee;
(2) The order and calendar of business for each
session;
(3) The legislative process;
(4) The parliamentary procedures which include
the conduct of members during sessions;
(5) The discipline of members for disorderly
behavior and absences without justifiable
cause for four (4) consecutive sessions, for
which they may be censured, reprimanded,
or excluded from the session, suspended for
not more than sixty (60) days, or expelled:
Provided, That the penalty of suspension or
expulsion shall require the concurrence of at
least two-thirds (2/3) vote of all the
sanggunian members: Provided, further, That
a member convicted by final judgment to
imprisonment of at least one (1) year for any
crime involving moral turpitude shall be
automatically expelled from the sanggunian;
and
(6) Such other rules as the sanggunian may
adopt.
Sec51: Full Disclosure of Financial and Business
Interests of Sanggunian Members. —
(a) Every sanggunian member shall, upon
assumption to office, make a full disclosure of his
business and financial interests, or professional
relationship or any relation by affinity or
consanguinity within the fourth civil degree, which
he may have with any person, firm, or entity
affected by any ordinance or resolution under
consideration by the sanggunian of which he is a
member, which relationship may result in conflict of
interest. Such relationship shall include:
(1) Ownership of stock or capital, or investment,
in the entity or firm to which the ordinance or
resolution may apply; and
 (2) Contracts or agreements with any person or
entity which the ordinance or resolution
under consideration may affect.
In the absence of a specific constitutional or
statutory provision applicable to this situation,
"conflict of interest" refers in general to one where it
may be reasonably deduced that a member of a
sanggunian may not act in the public interest due to
some private, pecuniary, or other personal
considerations that may tend to affect his judgment
to the prejudice of the service or the public.
(b) The disclosure required under this Act shall
be made in writing and submitted to the secretary
of the sanggunian or the secretary of the committee
of which he is a member. The disclosure shall, in all
cases, form part of the record of the proceedings
and shall be made in the following manner:
(1) Disclosure shall be made before the member
participates in the deliberations on the
ordinance or resolution under consideration:
Provided, That, if the member did not
participate during the deliberations, the
disclosure shall be made before voting on the
ordinance or resolution on second and third
readings; and
(2) Disclosure shall be made when a member
takes a position or makes a privilege speech
on a matter that may affect the business
interest, financial connection, or professional
relationship described herein.
Sec52: Sessions. —
(a) On the first day of the session immediately
following the election of its members, the
sanggunian shall, by resolution, fix the day, time,
and place of its regular sessions. The minimum
numbers of regular sessions shall be once a week
for the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan, and twice a
month for the sangguniang barangay.
(b) When public interest so demands, special
sessions may be called by the local chief executive
or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the
public unless a closed-door session is ordered by
an affirmative vote of a majority of the members
present, there being a quorum, in the public interest
or for reasons of security, decency, or morality. No
two (2) sessions, regular or special, may be held in
a single day.
(d) In the case of special sessions of the
sanggunian, a written notice to the members shall
be served personally at the member's usual place
of residence at least twenty-four (24) hours before
the special session is held.
Unless otherwise concurred in by two-thirds (2/3)
vote of the sanggunian members present, there
being a quorum, no other matters may be
considered at a special session except those stated
in the notice.
(e) Each sanggunian shall keep a journal and
record of its proceedings which may be published
upon resolution of the sanggunian concerned.
Sec53: Quorum. —
(a) A majority of all the members of the sanggunian
who have been elected and qualified shall
constitute a quorum to transact official business.
Should a question of quorum be raised during a
session, the presiding officer shall immediately
proceed to call the roll of the members and
thereafter announce the results.
(b) Where there is no quorum, the presiding
officer may declare a recess until such time as a
quorum is constituted, or a majority of the members
present may adjourn from day to day and may
compel the immediate attendance of any member
absent without justifiable cause by designating a
member of the sanggunian to be assisted by a
member or members of the police force assigned in
the territorial jurisdiction of the local government
unit concerned, to arrest the absent member and
present him at the session.
(c) If there is still no quorum despite the
enforcement of the immediately preceding
subsection, no business shall be transacted. The
presiding officer, upon proper motion duly approved
by the members present, shall then declare the
session adjourned for lack of quorum.
Sec54: Approval of Ordinances. —
(a) Every ordinance enacted by the sangguniang
panlalawigan, sangguniang panlungsod, or
sangguniang bayan shall be presented to the
provincial governor or city or municipal mayor, as
the case may be. If the local chief executive
concerned approves the same, he shall affix his
signature on each and every page thereof;
otherwise, he shall veto it and return the same with
his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian
concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its
members, thereby making the ordinance or
resolution effective for all legal intents and
purposes.
(b) The veto shall be communicated by the local
chief executive concerned to the sanggunian within
fifteen (15) days in the case of a province, and ten
(10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed
approved as if he had signed it.
(c) Ordinances enacted by the sangguniang
barangay shall, upon approval by the majority of all
its members, be signed by the punong barangay.
Sec55: Veto Power of the Local Chief Executive.
—
 (a) The local chief executive may veto any
ordinance of the sanggunian panlalawigan,
sangguniang panlungsod, or sanggunian bayan on
the ground that it is ultra vires or prejudicial to the
public welfare, stating his reasons therefor in
writing.
(b) The local chief executive, except the punong
barangay, shall have the power to veto any
particular item or items of an appropriations
ordinance, an ordinance or resolution adopting a
local development plan and public investment
program, or an ordinance directing the payment of
money or creating liability. In such a case, the veto
shall not affect the item or items which are not
objected to. The vetoed item or items shall not take
effect unless the sanggunian overrides the veto in
the manner herein provided; otherwise, the item or
items in the appropriations ordinance of the
previous year corresponding to those vetoed, if
any, shall be deemed reenacted.
(c) The local chief executive may veto an
ordinance or resolution only once. The sanggunian
may override the veto of the local chief executive
concerned by two-thirds (2/3) vote of all its
members, thereby making the ordinance effective
even without the approval of the local chief
executive concerned.
Sec56: Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang
Panlalawigan. —
(a) Within three (3) days after approval, the
secretary to the sanggunian panlungsod or
sangguniang bayan shall forward to the
sangguniang panlalawigan for review, copies of
approved ordinances and the resolutions approving
the local development plans and public investment
programs formulated by the local development
councils.
(b) Within thirty (30) days after the receipt of
copies of such ordinances and resolutions, the
sangguniang panlalawigan shall examine the
documents or transmit them to the provincial
attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial
attorney or provincial prosecutor shall, within a
period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan
in writing of his comments or recommendations,
which may be considered by the sangguniang
panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that
such an ordinance or resolution is beyond the
power conferred upon the sangguniang panlungsod
or sangguniang bayan concerned, it shall declare
such ordinance or resolution invalid in whole or in
part. The sangguniang panlalawigan shall enter its
action in the minutes and shall advise the
corresponding city or municipal authorities of the
action it has taken.
(d) If no action has been taken by the
sangguniang panlalawigan within thirty (30) days
after submission of such an ordinance or
resolution, the same shall be presumed consistent
with law and therefore valid.
Sec57: Review of Barangay Ordinances by the
Sangguniang Panlungsod or Sangguniang
Bayan. —
(a) Within ten (10) days after its enactment, the
sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang
panlungsod or sangguniang bayan concerned for
review as to whether the ordinance is consistent
with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or
sangguniang bayan, as the case may be, fails to
take action on barangay ordinances within thirty
(30) days from receipt thereof, the same shall be
deemed approved.
(c) If the sangguniang panlungsod or
sangguniang bayan, as the case may be, finds the
barangay ordinances inconsistent with law or city or
municipal ordinances, the sanggunian concerned
shall, within thirty (30) days from receipt thereof,
return the same with its comments and
recommendations to the sangguniang barangay
concerned for adjustment, amendment, or
modification; in which case, the effectivity of the
barangay ordinance is suspended until such time
as the revision called for is effected.
Sec58: Enforcement of Disapproved Ordinances
or Resolutions. — Any attempt to enforce any
ordinance or any resolution approving the local
development plan and public investment program,
after the disapproval thereof, shall be sufficient
ground for the suspension or dismissal of the
official or employee concerned.
Sec59: Effectivity of Ordinances or Resolutions.
—
(a) Unless otherwise stated in the ordinance or the
resolution approving the local development plan
and public investment program, the same shall take
effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance
of the provincial capitol or city, municipal, or
barangay hall, as the case may be, and in at least
two (2) other conspicuous places in the local
government unit concerned.
(b) The secretary to the sanggunian concerned
shall cause the posting of an ordinance or
resolution in the bulletin board at the entrance of
the provincial capitol and the city, municipal, or
barangay hall in at least two (2) conspicuous
places in the local government unit concerned not
later than five (5) days after approval thereof.

The text of the ordinance or resolution shall be
disseminated and posted in Filipino or English and
in the language understood by the majority of the
people in the local government unit concerned, and
the secretary to the sanggunian shall record such
fact in a book kept for the purpose, stating the
dates of approval and posting.
(c) The gist of all ordinances with penal
sanctions shall be published in a newspaper of
general circulation within the province where the
local legislative body concerned belongs. In the
absence of any newspaper of general circulation
within the province, posting of such ordinances
shall be made in all municipalities and cities of the
province where the sanggunian of origin is situated.
(d) In the case of highly urbanized and
independent component cities, the main features of
the ordinance or resolution duly enacted or adopted
shall, in addition to being posted, be published
once in a local newspaper of general circulation
within the city: Provided, That in the absence
thereof the ordinance or resolution shall be
published in any newspaper of general circulation.
Sec188: Publication of Tax Ordinances and
Revenue Measures. — Within ten (10) days after
their approval, certified true copies of all provincial,
city, and municipal tax ordinances or revenue
measures shall be published in full for three (3)
consecutive days in a newspaper of local
circulation: Provided, however, That in provinces,
cities and municipalities where there are no
newspapers of local circulation, the same may be
posted in at least two (2) conspicuous and publicly
accessible places.
Sec511: Posting and Publication of Ordinances
with Penal Sanctions. —
(a) Ordinances with penal sanctions shall be
posted at prominent places in the provincial capitol,
city, municipal or barangay hall, as the case may
be, for a minimum period of three (3) consecutive
weeks. Such ordinances shall also be published in
a newspaper of general circulation, where
available, within the territorial jurisdiction of the
local government unit concerned, except in the
case of barangay ordinances. Unless otherwise
provided therein, said ordinances shall take effect
on the day following its publication, or at the end of
the period of posting, whichever occurs later.
(b) Any public officer or employee who violates
an ordinance may be meted administrative
disciplinary action, without prejudice to the filing of
the appropriate civil or criminal action.
(c) The secretary to the sanggunian concerned
shall transmit official copies of such ordinances to
the chief executive officer of the Office Gazette
within seven (7) days following the approval of the
said ordinance for publication purposes. The
Official Gazette may publish ordinances with penal
sanctions for archival and reference purposes.
Implementing Rules
See Implementing Rules
RULE XVII: Local Legislative Bodies and Local
Legislation
Article 92 - Article 114
Ortiz vs. Posadas (1931)
Facts:
 13 out of 16, including president of the municipal
council of Tabaco Albay, were present and voted
for Ordinance No. 25 concerning cockpits in this
manner:
7 in favor
6 voted against
3 absent.
 One judge of first instance of the province held
that it was valid, while another judge of first
instance of the province held an ordinance
enacted under similar circumstances invalid.
Issue: WON Ordinance is valid
Held: NO, invalid
 Section 2224 of the Administrative Code is clear.
It needs only application, not interpretation. The
ayes and noes are taken upon (1) the passage of
all ordinances, (2) all propositions to create any
liability against the municipality, and (3) any other
proposition, upon the request of any member.
The same idea is carried into the succeeding
sentence. For the passage of (1) any ordinance
or (2) any proposition creating indebtedness, the
affirmative vote of a majority of all the members
of the municipal council shall be necessary. Other
measures prevail upon the majority vote of the
members present. "Creating indebtedness" refers
to "proposition" and not to "ordinance." The
contention that only ordinances creating
indebtedness require the approval of a majority of
all the members of the municipal council, is
devoid of merit.
 The basic idea of the legislative body to make
impossible the approval of ordinances or of
propositions creating indebtedness by minority
votes of municipal councils, at meetings hastily
called is wise. Legislative intention should be
effectuated.
 Section 2224 of the Administrative Code,
requiring in mandatory language the affirmative
vote of a majority of all the members of the
municipal council for the passage of any
 ordinance, whether or not an ordinance creating
indebtedness, an ordinance passed by less than
that majority is invalid.
Casino vs. CA (1991)
 Petitioner was a licensee of a cockpit under
Sections 2285 to 2286 of the Revised
Administrative Code.
 Sangguniang Panlungsod (SP) of Gingoog City
issued Resolution No. 49 in 1984 classifying
certain areas of the city as residential zones,
including the cockpit. The classification led to the
cancellation of petitioner's license to operate the
cockpit.
 Resolution No. 378, in 1985 the area was
reclassified as within the recreational zone,
allegedly amending Resolution No. 49.
9 SP members participated
4 voting
4 voted against
1abstained.
The vice-mayor, as presiding officer, broke the
deadlock by voting for the amendment.
 By virtue of said Resolution No. 378, the
succeeding city mayor issued to petitioner the
permit to operate a cockpit in 1986 which was
renewed by another permit issued in 1987.
Issue: WON the mayor's permits issued in 1986 and
1987 are null and void because Resolution 378 did
not amend Section 6.44 of Resolution 49, the three-
fourths (3/4) votes not having been obtained in
passing said Resolution 378.
Held: YES, void
 Although the charter of the City of Gingoog and
the Local Government Code require only a
majority for the enactment of an ordinance,
Resolution No. 49 cannot be validly amended by
the resolution in question without complying with
the categorical requirement of a three-fourths
vote incorporated in the very same ordinance
sought to be amended. The pertinent provisions
in the aforesaid city charter and the Local
Government Code obviously are of general
application and embrace a wider scope or subject
matter. In the enactment of ordinances in
general, the application of the aforementioned
laws cannot be disputed. Undeniably, however,
Section 6.44 of said ordinance regarding
amendments thereto is a specific and particular
provision for said ordinance and explicitly
provides for a different number of votes.
 Rule: Where there is in the same statute a
particular enactment and also a general one
which in its most comprehensive sense would
include what is embraced in the former, the
particular enactment must be operative, and the
general statement must be taken to affect only
such cases within its language as are not within
the provisions of the particular enactment.
!!!Dan Gat's Notes:
Ortiz and Casino decisions are bad precedents.
Sanggunian may no require a higher OR LOWER (1
vote!?) voting requirement?
Malonzo vs. Zamora (1999)
Issue: WON Ord. 0254 was enacted in violation of
Secs. 50 & 52 of the LGC
PETITIONERS: Ordinance 0254 was passed in
accordance with Sec. 50 &52 of the LGC 12. Matter of
adoption or updating the house rules was taken up
and the council arrived at the decision to create an
ad hoc committee to study the rules. Even if it failed
to comply with said sections, it would only mean that
the old rules will continue to be in force
RESPONDENTS: Sanggunian violated Sec 50 & 52
LGC as it conducted 3 readings on Ordinance 0254
on the 1st day of its session without 1 st organizing
itself and adopting its rules of procedure
Held: NO
It cannot be inferred that the Code mandates that no
other business may be transacted on the 1 st regular
session except to take up the matter of adopting or
updating rules.
There is nothing in the language of the provision
which restricts the matters to be taken up during the
1st regular session.
Adoption or updating of house rules would
necessarily entail work beyond the day of the 1 st
regular session but this cannot mean that the local
council could not act till then.
There was sufficient compliance with the Code when
the Sanggunian adopted a set of house rules with the
request to create an ad hoc committee to study the
existing house rules.
KAPUNAN dissenting
De Los Reyes vs. Sandiganbayan (1997)
Facts:
 Mayor De los Reyes and 2 SB members were
charged with falsification of a public document,
Resolution 57-S-92.
 Resolution alleged to be anomalous for it was not
approved by the SB. The minutes of their
12
which requires that on the 1st regular session following
the election of its members and within 90 days
thereafter, the Sanggunian shall adopt or update its
existing rules of procedure.
 proceedings made no reference to its supposed Sec. of Justice correctly dismissed it for being
approval. time-barred.
 Petitioner De Los Reyes: deliberations and  The timeframe fixed by law for parties to avail
passage of resolution are legislative in nature. of their legal remedies before competent courts is
As the local chief exec. he has neither the official not a “mere technicality” that can be easily
custody of nor the duty to prepare the resolution. brushed aside. The periods stated in Sec. 187 of
He therefore could not have taken advantage of the LGC are mandatory.
his official position in committing the crime.
!!! Dan Gat's Notes:
Issue: WON the final step in the approval of an
ordinance or resolution, where the local chief exec Section 187 LGC is indeed mandatory. But if you
affixes his signature, is purely ministerial. want to question the CONSTITUTIONALITY of the
Held: NO tax ordinance, you can bypass appeal to the
The grant of the veto power confers authority beyond Secretary and Section 187 and go directly to the
the simple mechanical act of signing an O/R as a courts.
requisite to its enforceability. Such power accords
the local chief exec the discretion to sustain the O/R
at the 1st instance or to return it to the sanggunian
with his objections.
Hagonoy Market Vendor Assn. vs. Municipality of
Hagonoy, Bulacan (2002)
Marahomsalic vs. Lim (2000)
Facts:
 1 Oct. 1996: The Sangguniang Bayan (SB) of Facts:
Hagonoy, Bulacan, enacted an ordinance,  Then Mayor Alfredo Lim launched a
Kautusan Blg. 28, which increased the stall campaign against so-called “known” and
rentals of the market vendors in Hagonoy. It also “confirmed” drug pushers in Manila in an effort to
provided that it shall take effect upon approval. curb the drug problem in Manila.
Ordiance was also duly posted.  He ordered the Western Police District
 In the last week of Nov., 1997, the Command authorities to spray-paint the houses
petitioner’s members were given copies of the of “confirmed” drug pushers in the city with
approved ordinance and were informed that it will written words and remarks
be enforced in Jan., 1998.
 Dec. 8, 1997: The association filed an appeal Issue: WON Manila City Ordinance No. 7926 is
with the Sec. of Justice, assailing the unconstitutional
constitutionality of the ordinance Held:YES
 The DOJ Sec. dismissed the appeal on the  According to the Art. 7 of the Civil Code, acts,
ground that it was filed out of time, i.e. beyond 30 orders and regulations of administrative or
days from the effectivity of the ordinance on 1 executive agencies must be in harmony with the
Oct. 1996 as prescribed under the LGC. valid existing laws and primarily with the
 Appeal to CA, CA dismissed. Constitution.
 Test of a valid ordinance:
Issue: WON the petition should be dismissed o It must not contravene the
Held: YES Constitution or any statute;
 The appeal of the petitioner with the Sec. of o It must not be unfair or oppressive;
Justice is already time-barred. o It must not be partial or
 Sec. 187 (Procedure for Approval and discriminatory;
Effectivity of Tax Ordinances and Revenue o It must not prohibit but may regulate
Measures; Mandatory Public Hearings) of the trade;
LGC requires that an appeal of a tax ordinance or o It must be general and consistent
revenue measure should be made to the Sec. of
with public policy; and
Justice within 30 days from effectivity of the
o It must not be unreasonable.
ordinance and even during its pendency, the
effectivity of the assailed ordinance shall not be
suspended.
 In the CAB, Municipal Ordinance No. 28 took Moday vs. CA (1995)
effect in Oct. 1996. Petitioner filed its appeal only
in Dec. 1987, more than a year after the Facts:
effectivity of the ordiance in 1996. Clearly, the
 1989: SB of the Municipality of Bunawan passed
resolution 43-89:
- authorized the mayor to initiate the petition for
expropriation of a 1 hectare land along the
national highway
- owned by Percival Moday
- for the site of Bunawan Farmers Center and
Other Government Sports Facilities
 Said resolution was approved by Mayor Bustillo
but subsequently disapproved by the
Sangguniang Panlalawigan:
- expropriation is unnecessary considering that
there are still available lots in Bunawan for the
establishment o the government center
 The Municipality then filed a petition for eminent
domain and its motion to take or enter upon the
possession of subject matter was subsequently
granted by the RTC.
Issue: WON a municipality may expropriate private
property by virtue of a municipal resolution which was
disapproved by the Sangguniang Panlalawigan
Held: YES
1. The Municpality of Bunawan’s power to exercise
the right of eminent domain is expressly provided for
in BP 337 (LGC) in force at the time expropriation
proceedings were initiated:
Sec. 9. Eminent Domain- A local government unit
may, through its head and acting pursuant to a
resolution of its sanggunian, exercise the right of
eminent domain and institute condemnation
proceedings for public use or purpose.
2. Section 153 of BP 337 grants the SP the power to
declare a municipal resolution invalid on the sole
ground that:
- it is beyond the power of the SB or Mayor to
issue
- Velazco vs.Blas: If a provincial board passes
these limits, it usurps the legislative functions of
the municipal council or president
THUS, the SP was:
- without authority to disapprove the resolution for
the Municipality of Buanwan clearly has the
power to exercise the right of eminent domain
and its SB the capacity to promulgate said
resolution
3. Resolution 43-89 is valid and binding and could be
used as lawful authority to petition for the
condemnation of petitioners’ property
Voodoo Fire in Haiti (Part 3):
A violent fit of trembling shook the woman. It was as
if a demon lover had taken possession of her and
were exploring her limbs to their very extremities.
Someone handed her a black cock which she raised
high above her head. The scene was diabolical. There
stood the naked negress, her sweat-streaked body
glistening in the ruddy firelight, and at arm’s length
she held a terrified black cock, the very symbol of
Satan, squawking and flapping its wings, while the
feathers flew in all directions. An awful sickness
gripped me. I felt as if I were looking into the very
depths of evil. The thunder of the drums grew to an
avalanche of deafening reverberations.
Slowly the body of the Mamaloi relaxed from its
rigid posture. She began to turn; faster—faster—
faster. Like a madman she spun round on her toes.
She swung the cock now only by its legs and as it
flew through the air in dizzy circles it spread its
wings wide in the last convulsions of death. As
though carried through the air by the beating pinions
the negress whirled forwards in frantic ecstasy. The
drums rose to their shattering finale, the woman
stopped motionless, and then – a miracle – the dying
cock twisted its neck convulsively and crowed –
crowed loud and raucous into the surrounding night.
It was the final touch of horror. (265-271)
Hunting the Elusive G-Spot (Part2)
The G-Spot is embryonically analogous to the male
prostate. In plain English, certain embryonic cells
develop one way if the child is female and another
way if the baby turns out to be male. In boys, the
prostate gland is responsible for the production of
fluid that makes up semen. In girls, the area that
would have been the prostate becomes the G-Spot.
The reason that some medical authorities have said
that it doesn't exist is because the G-Spot engorges
only with stimulation, making it very hard to locate
in autopsy studies, the primary source for new
anatomical research.
The G Spot cannot possibly live up to all the hype it
has received; it is simply one more pleasant place to
stimulate in some women. While all women have a
G-Spot, not all women notice anything different
when it is stimulated--and some women actually
dislike the sensation. So don't be discouraged if you
can't find your own G-Spot, or that of a partner. And
don't be alarmed if you don't like the sensation.
Remember, every body is different!
(continued…)

Judicial Intervention
Rule 63, Section 4, 1997 Rules of Civil Procedure
SECTION 4. Local government ordinances. — In
any action involving the validity of a local
ordinance, the corresponding prosecutor or
attorney of the local governmental unit involved
shall be similarly notified and entitled to be heard. If
such ordinance is alleged to be unconstitutional,
the Solicitor General shall be notified and entitled to
be heard. (4a, R64)
Perez vs. Dela Cruz (1969)
Facts:
Vice Mayor Perez (Naga City), who was presiding a
private conference with 7 city councilors in the matter
of selecting the secretary of the municipal board and
the chairman of various standing committees of the
board, expressed her intention to vote on these
matters – to create a tie vote and thereafter to
exercise her power as presiding officer to break the
deadlock.
Four concilors sought to prevent the Vice Mayor by
filing with CFI of Camarines Sur.
Held:
1. The Vice Mayor of Naga City as presiding
officer of the Municipal Board cannot be a
member of the same board:
In the absence of any statutory authority constituting
the vice-mayor as a member of the municipal board,
in addition to being the presiding officer thereof, it
cannot be read into the law something that is not
there. Differences in law beget differences in legal
effects.
The mere fact that the vice-mayor was made the
“presiding officer” of the board did not ipso jure make
him a member thereof; and even if he “is an integral
part of the Municipal board” such fact does not
necessarily confer on him” either the status of a
regular member of its municipal board or the powers
and attributes of a municipal councilor.
CAB: There is nothing in the Charter of Naga City
which provides that the vice-mayor of said city is a
member of the municipal board. He was not even
designated as “Acting Mayor” in case of temporary
incapacity of the Mayor.
2. Vice-Mayor is allowed to vote only in case of
a tie. He is not allowed to vote twice (to create a
tie and break the deadlock).
CAB: Since there are 7 councilors, a tie is not
possible. Vice Mayor’s vote in case of a tie is no
longer necessary.
3. Courts with jurisdiction over the case to
prohibit Vice Mayor from exercising to vote twice
Doctrine in Vera vs. Avelino that prohibition refers
only to proceedings of any tribunal, corporation,
board or person not exercising legislative functions is
based on the principle of separation of powers and
checks and balances which is not applicable to local
governments. The case is irrelevant to the issue in
CAB in addition to the actuality that executives at the
local or municipal level are vested with both
legislative and sometimes judicial functions, in
addition to their purely executive duties.
By explicit statutory command, courts are given
authority to determine the validity of municipal
proceedings. And in CAB, the petitioner, in insisting to
exercise the right to vote twice in the municipal
board, acted without jurisdiction and power to do so,
and may be validly prevented and restrained by a writ
of prohibition.
In reply to petitioner’s assertion that the acts sought
to be restrained are mere “probable individual
actuations” beyond the reach of a prohibitory writ,
suffice it to state that prohibition is essentially a
preventive remedy and is not intended to provide for
remedy for acts already accomplished.
Petitioner’s threat of voting twice was not an empty or
meaningless gesture for record shows that she voted
twice for the approval of the alleged amendment to
the rules of procedure.
Homeowner’s Association of the Phils., Inc. vs.
Municipal Board of City of Manila (1968)
Facts:
Homeowner’s Association brought action for
declaratory relief to nullify Manila Municipal
Ordinance4841 declaring that a state of emergency
existed in the matter of housing accommodations in
Manila, in view of prevailing scarcity of land and
buildings for residential purposes there.
Sec1 and 2 declared that lessors and sublessor of
land and buildings primarily devoted to residential
purposes cannot increase their rentals beyond
certain conditions.
Held:
1. Assuming that the City had such powers and
assuming the existence of the emergency,
ordinance is illegal and unconstitutional (Note:
Court did not decide if the city has power to
declare a state of emergency and if such
emergency existed)
The police power of municipal corporations is subject
to constitutional limitations. Individual rights may be
adversely affected by the exercise of police power
only to the extent that may be fairly required by the
legitimate demands of public interest or public
welfare.
When the demands of public interest are brought
about by a state of emergency, the interference upon
individual rights must be co-terminus with the
existence of the state of emergency. The statute
passed to meet a given emergency, should limit the
period of its effectivity.
Otherwise, that which was intended to meet a
temporary emergency may become a permanent law
 When the cause for the grant of power was
temporary, so should the grant be, for the effect
cannot remain in existence upon the removal of its
cause.
2. Lower court proceedings are NOT INVALID
on the ground that the Solicitor General had not
been heard on the issue of the constitutionality of
the ordinance.
The issue was not raised in the CFI.
In any event, this requirement is merely directory and
does not affect the jurisdiction of the trial court nor
the validity of the proceedings therein.
Disciplinary Actions
RA 9165 (2002) – Comprehensive Dangerous
Drugs Act Of 2002
Sec27. Criminal Liability of a Public Officer or
Employee for Misappropriation, Misapplication
or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals,
Instruments/ Paraphernalia and/or Laboratory
Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
Committed. — The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be
imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in
this Act.
Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed
in this Act, shall be removed from office and
perpetually disqualified from holding any elective or
appointive positions in the government, its
divisions, subdivisions, and intermediaries,
including government-owned or -controlled
corporations.
Sec28. Criminal Liability of Government Officials
and Employees. — The maximum penalties of the
unlawful acts provided for in this Act shall be
imposed, in addition to absolute perpetual
disqualification from any public office, if those found
guilty of such unlawful acts are government officials
and employees.
Local Government Code
Sec58. Enforcement of Disapproved Ordinances
or Resolutions. — Any attempt to enforce any
ordinance or any resolution approving the local
development plan and public investment program,
after the disapproval thereof, shall be sufficient
ground for the suspension or dismissal of the
official or employee concerned.
Sec60. Grounds for Disciplinary Actions. — An
elective local official may be disciplined,
suspended, or removed from office on any of the
following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty;
(d) Commission of any offense involving moral
turpitude or an offense punishable by at least
prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15)
consecutive working days, except in the case of
members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan, and
sangguniang barangay;
(g) Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country; and
(h) Such other grounds as may be provided in
this Code and other laws.
An elective local official may be removed from
office on the grounds enumerated above by order
of the proper court.
Sec61. Form and Filing of Administrative
Complaints. — A verified complaint against any
erring local elective official shall be prepared as
follows:
 (a) A complaint against any elective official of a
province, a highly urbanized city, an independent
component city or component city shall be filed
before the Office of the President;
(b) A complaint against any elective official of a
municipality shall be filed before the sangguniang
panlalawigan whose decision may be appealed to
the Office of the President; and
(c) A complaint against any elective barangay
official shall be filed before the sangguniang
panlungsod or sangguniang bayan concerned
whose decision shall be final and executory.
Sec62. Notice of hearing. —
(a) Within seven (7) days after the administrative
complaint is filed, the Office of the President or the
sanggunian concerned, as the case may be, shall
require the respondent to submit his verified
answer within fifteen (15) days from receipt thereof,
and commence the investigation of the case within
ten (10) days after receipt of such answer of the
respondent.
(b) When the respondent is an elective official of
a province or highly urbanized city, such hearing
and investigation shall be conducted in the place
where he renders or holds office. For all other local
elective officials, the venue shall be the place
where the sanggunian concerned is located.
(c) However, no investigation shall be held within
ninety (90) days immediately prior to any local
election, and no preventive suspension shall be
imposed within the said period. If preventive
suspension has been imposed prior to the 90-day
period immediately preceding local election, it shall
be deemed automatically lifted upon the start of
aforesaid period.
Sec63. Preventive Suspension. —
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an
elective official of a province, a highly
urbanized or an independent component city;
(2) By the governor, if the respondent is an
elective official of a component city or
municipality; or
(3) By the mayor, if the respondent is an elective
official of the barangay.
(b) Preventive suspension may be imposed at
any time after the issues are joined, when the
evidence of guilt is strong, and given the gravity of
the offense, there is great probability that the
continuance in office of the respondent could
influence the witnesses or pose a threat to the
safety and integrity of the records and other
evidence: Provided, That, any single preventive
suspension of local elective officials shall not
extend beyond sixty (60) days: Provided, further,
That in the event that several administrative cases
are filed against an elective official, he cannot be
preventively suspended for more than ninety (90)
days within a single year on the same ground or
grounds existing and known at the time of the first
suspension.
(c) Upon expiration of the preventive
suspension, the suspended elective official shall be
deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which
shall be terminated within one hundred twenty
(120) days from the time he was formally notified of
the case against him. However, if the delay in the
proceedings of the case is due to his fault, neglect,
or request, other than the appeal duly filed, the
duration of such delay shall not be counted in
computing the time of termination of the case.
(d) Any abuse of the exercise of the power of
preventive suspension shall be penalized as abuse
of authority.
Sec64. Salary of Respondent Pending
Suspension. — The respondent official
preventively suspended from office shall receive no
salary or compensation during such suspension;
but upon subsequent exoneration and
reinstatement, he shall be paid full salary or
compensation including such emoluments accruing
during such suspension.
Sec65. Rights of Respondent. — The respondent
shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront
and cross-examine the witnesses against him, and
to require the attendance of witnesses and the
production of documentary process of subpoena or
subpoena duces tecum.
Sec66. Form and Notice of Decision. —
(a) The investigation of the case shall be
terminated within ninety (90) days from the start
thereof. Within thirty (30) days after the end of the
investigation, the Office of the President or the
sanggunian concerned shall render a decision in
writing stating clearly and distinctly the facts and
the reasons for such decision. Copies of said
decision shall immediately be furnished the
respondent and all interested parties.
(b) The penalty of suspension shall not exceed
the unexpired term of the respondent or a period of
six (6) months for every administrative offense, nor
shall said penalty be a bar to the candidacy of the
respondent so suspended as long as he meets the
qualifications required for the office.
(c) The penalty of removal from office as a result
of an administrative investigation shall be
considered a bar to the candidacy of the
respondent for any elective position.
Sec67. Administrative Appeals. — Decisions in
administrative cases may, within thirty (30) days
from receipt thereof, be appealed to the following:
 (a) The sangguniang panlalawigan, in the case
of decisions of the sangguniang panlungsod of
component cities and the sangguniang bayan; and
(b) The Office of the President, in the case of
decisions of the sangguniang panlalawigan and the
sangguniang panlungsod of highly urbanized cities
and independent component cities.
Decisions of the Office of the President shall be
final and executory.
Sec68. Execution Pending Appeal. — An appeal
shall not prevent a decision from becoming final or
executory. The respondent shall be considered as
having been placed under preventive suspension
during the pendency of an appeal in the event he
wins such appeal. In the event the appeal results in
an exoneration, he shall be paid his salary and
such other emoluments during the pendency of the
appeal.
Rules and Procedures on the Investigation of
Administrative Disciplinary Cases Against
Elective Local Officials (AO23 as amended by
AO159, and AO66)
Pursuant to Sec60-66 of 1991 LGC, in relation to
Rule XIX, Art124-130 of the IRR
RULE 1: PRELIMINARY PROVISIONS
Sec1. Coverage. — These rules and procedures
shall apply to administrative disciplinary cases filed
against: (a) the governors, and members of the
sangguniang panlalawigan; (b) the mayors, vice
mayors, and members of the sangguniang
panlungsod of highly urbanized cities, independent
component cities, and component cities; and (c) the
mayors, vice mayors, and members of the
sangguniang panlungsod or bayan of cities or
municipalities in Metropolitan Manila.
Sec2. Disciplinary Authority. — The President, who
may act through the Executive Secretary, shall be
the Disciplining Authority for all administrative
complaints against elective local officials covered
therein. (As amended by AO66)
Sec3. Investigating Authority. — The Secretary of
the Interior and Local Government is hereby
designated as the Investigating Authority. As such,
he is authorized to investigate complaints filed
against elective officials covered herein and act
appropriately thereon as hereinafter provided. He
may, thereafter, constitute an Investigating
Committee in the Department of Interior and Local
Government for the conduct of investigation.
The preceding paragraph notwithstanding, the
Disciplining Authority may, in the interest of the
service, constitute a Special Investigating
Committee in lieu of the Secretary of the Interior
and Local Government. Nothing herein provided,
however, shall prevent the President from
assuming jurisdiction at any stage of the
proceedings over cases to be preliminarily
investigated by the Department of Interior and
Local Government. In such event, the same shall
immediately be forwarded to the Special
Investigating Committee after it may have been
constituted by the Disciplining Authority. (As
amended by AO66)
RULE 2: GROUNDS FOR ADMINISTRATIVE
DISCIPLINARY ACTION
Sec1. Grounds. — An elective local official may be
disciplined, suspended, or removed from office on
any of the following grounds:
a) Disloyalty to the Republic of the Philippines;
b) Culpable violation of the Constitution;
c) Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty;
d) Commission of any offense involving moral
turpitude or any offense punishable by at least
prision mayor, which is from six (6) years and one
(1) day to twelve (12) years imprisonment;
e) Abuse of authority;
f) Unauthorized absence for fifteen (15)
consecutive working days in case of local chief
executives and four (4) consecutive sessions in the
case of members of the sangguniang;
g) Application for, or acquisition of, foreign
citizenship or residence of the status of an
immigrant of another country; and
h) Such other grounds as may be provided by
the Local Government Code of 1991; Republic Act
No. 6713; Republic Act No. 3019; Administrative
Code of 1987; Revised Penal Code; and all other
applicable general and special laws.
RULE 3: COMPLAINT
Sec1. How initiated. — An administrative case may
be initiated by any private individual or any
government officer or employee by filing a sworn
written complaint against any elective local official
enumerated under Sec. 1, Rule I hereof. It may
also be initiated motu proprio by the Office of the
President or any government agency duly
authorized by law to ensure that local government
units (LGUs) act within their prescribed powers and
functions.
Sec2. Form of complaint. — The complaint,
accompanied by affidavits of witness or evidences
in support of the charge, shall be addressed to the
President. It shall be drawn in clear, simple, and
concise language and in methodical manner as to
apprise the respondent of the nature of the charge
against him and to enable him to prepare his
defense. The party filing the complaint shall be
called the complainant, while the official against
 whom the complaint is filed shall be called the
respondent.
Sec3. Where filed. — The complaint shall be filed
with the Records Office, Office of the President,
Malacañang, Manila. However, for cases against
elective officials of LGUs concerned outside
Metropolitan Manila, the complaint may be filed
through the concerned Regional Director of the
DILG, who shall transmit the same to the Secretary
of the Interior and Local Government, within forty-
eight (48) hours from receipt thereof. In this regard,
the Regional Director concerned shall authenticate
all the pertinent documents presented to him.
Upon receipt of the said documents, the Secretary
of the Interior and Local Government shall transmit
the same to the Office of the President, within forty-
eight (48) hours from receipt of the same.
A copy of the complaint shall be furnished to each
of the following:
a) the Office of the Governor in the case of
component cities;
b) the Metropolitan Manila Authority in the case
of cities and municipalities in Metropolitan Manila;
and
c) the DILG in all cases.
Sec4. Filing fee. — (repealed by AO66)
RULE 4: ANSWER
Sec1. Notice. — Within seven (7) days after the
complaint is filed, the Investigating Authority or the
Disciplining Authority as the case may be shall
issue an order requiring the respondent to submit
his verified answer within fifteen (15) days from
receipt thereof. (As amended by AO66)
Sec2. Form of answer. — The answer,
accompanied by affidavits of witnesses or
evidences in support of the defense, shall be
addressed to the President and shall be drawn in
clear, simple, and concise language and in
methodical manner as to traverse the charge.
Sec3. Where filed. — The answer shall be submitted
to the Secretary of the Interior and Local
Government or the Office of the President as the
case may be. However, for cases against elective
officials of LGUs concerned outside Metropolitan
Manila, the answer may be submitted through the
concerned Regional Director of the DILG, who shall
transmit the same to the Secretary of the Interior
and Local Government, within forty-eight (48) hours
from receipt thereof. In this regard, the Regional
Director concerned shall authenticate all the
pertinent documents presented to him.
A copy of the answer shall be furnished to each of
the following:
a) The complainant;
b) The Office of the Governor in the case of
component cities; and
c) The Metropolitan Manila Development
Authority in the case of cities and municipalities in
Metro Manila. (As amended by AO66)
Sec4. Failure to answer. — Unreasonable failure of
respondent to file his verified answer within fifteen
(15) days from receipt of the complaint against him
shall be considered as waiver of his right to present
evidence in his behalf.
RULE 5: PRELIMINARY INVESTIGATION
Sec1. Commencement. — Within twenty (20) days
from receipt of the answer, the Investigating
Authority shall commence the investigation of the
case. (As amended by AO66)
Sec2. Failure to commence preliminary
investigation. — Unreasonable failure to
commence the preliminary investigation within the
prescribed period by the person or persons
assigned to investigate shall be a ground for
administrative disciplinary action.
Sec3. Evaluation. — After the filing of the answer,
the Investigating Authority shall, within fifteen (15)
days from receipt thereof, determine the existence
of a probable cause.
Should probable cause exists, the Investigating
Authority shall set the case for preliminary
conference and formal administrative proceedings
shall thereafter be conducted. If warranted, the
investigating Authority may recommend to the
Disciplining Authority the imposition of a preventive
suspension on the respondent/s.
Sec4. Dismissal motu propio. — If the Investigating
Authority determines that there is no prima facie
case to warrant the institution of formal
administrative proceedings, it shall, within the same
period prescribed under the preceding Section,
submit its recommendation to the Disciplining
Authority for the motu proprio dismissal of the case,
together with the recommended decision,
resolution, and order.
Sec5. Preliminary conference. — If the
Investigating Authority determines that there is
prima facie case to warrant the institution of formal
administrative proceedings, it shall, within the same
period prescribed under the preceding section,
summon the parties to a preliminary conference to
consider the following:
a) Whether the parties desire a formal
investigation or are willing to submit the case for
resolution on the basis of the evidence on record;
and
b) If the parties desire a formal investigation, to
consider the simplification of issues, the possibility
of obtaining stipulation or admission of facts and of
documents, specifically affidavits and depositions,
 to avoid unnecessary proof, the limitation of
number of witnesses, and such other matters as
may aid the prompt disposition of the case.
The Investigating Authority shall encourage the
parties and their counsels to enter, at any stage of
the proceedings, into amicable settlement,
compromise and arbitration, the terms and
conditions of which shall be subject to the approval
of the Disciplining Authority.
After the preliminary conference, the Investigating
Authority shall issue and Order reciting the matters
taken up thereon, including the facts stipulated and
the evidences marked, if any. Such order shall limit
the issues for hearing to those not disposed of by
agreement or admission of the parties, and shall
schedule the formal investigation within ten (10)
days from its issuance, unless a later date is
mutually agreed in writing by the parties concerned.
Sec6. Venue of hearing. — When the respondent is
an elective official of a province or highly urbanized
city, the preliminary investigation as contemplated
in this Rule shall be conducted in the place where
he renders or holds office. For all other local
elective officials, the venue shall be the place
where the sanggunian concerned is located.
Sec7. 90-day ban. — No preliminary investigation
shall be conducted within ninety (90) days
immediately prior to any local election. (As
amended by AO159)
RULE 6: PREVENTIVE SUSPENSION
Sec1. Power to suspend. — Preventive suspension
may be imposed by the Disciplining Authority in
cases where the respondent is an elective official of
the following LGUs:
a) provinces;
b) highly urbanized cities;
c) independent component cities; and
d) cities and municipalities in Metropolitan
Manila.
The governor shall, upon the direct order of the
Disciplining Authority, preventively suspend an
elective official of a component city, who is under
formal administrative investigation by the Office of
the President.
Sec2. 90-day ban. — No preventive suspension
shall be imposed within ninety (90) days
immediately prior to any local election. If the
preventive suspension has been imposed prior to
the 90-day period immediately preceding a local
election, it shall be deemed automatically lifted
upon the start of aforesaid period.
Sec3. Grounds. — Preventive suspension may be
imposed at any time after the issues are joined,
that is, after respondent has answered the
complaint, when the evidence of guilt is strong and,
given the gravity of the offense, there is a great
probability that the continuance in office of the
respondent could influence the witnesses or pose a
threat to the safety and integrity of the records and
other evidence.
Sec4. Duration. — Any single preventive suspension
of local elective officials shall not extend beyond
sixty (60) days; provided that, in the event that
several administrative cases are filed against an
elective official, he cannot be preventively
suspended for more than ninety (90) days within a
single year on the same ground or grounds existing
and known at the time of the first suspension.
Sec5. Automatic reinstatement. — Upon expiration
of the preventive suspension, the suspended
elective official shall be deemed reinstated in office
without prejudice to the continuation of the
proceedings against him, which shall be terminated
within one hundred twenty (120) days from the time
he was formally notified of the case against him.
However, if the delay in the proceeding of the case
is due to his fault, or request, other than the appeal
duly filed, the duration of such delay shall not be
counted in computing the time of termination of the
case.
Sec6. Salary of respondent pending suspension.
— The respondent, who is preventively suspended
from office, shall receive no salary or compensation
during such suspension; but, upon subsequent
exoneration and reinstatement, he shall be paid his
full salary or compensation, including such
emoluments accruing during such suspension.
RULE 7: FORMAL INVESTIGATION
Sec1. Procedural due process. — The respondent
shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront
and cross-examine the witnesses against him, and
to require the attendance of witnesses and the
production of documents through the compulsory
process of subpoena or subpoena duces tecum.
Sec2. Who conducts the hearing. — The formal
administrative investigation shall be conducted by
the Investigating Authority.
Sec3. Failure to commence formal investigation.
— Unreasonable failure to commence the formal
investigation within the prescribed period in the
preliminary conference order by the person or
persons assigned to investigate shall be aground
for administrative disciplinary action.
Sec4. Power to take testimony or receive
evidence. — The Investigating Authority is hereby
authorized to take testimony or receive evidence
relevant to the administrative proceedings, which
 authority shall include the power to administer
oaths, summon witnesses, and require the
production of documents by subpoena duces
tecum pursuant to Book 1, Chapter 9, Section 37 of
the Administrative Code of 1987.
Anyone who, without lawful excuse, fails to appear
upon summons issued under authority of the
preceding paragraph or who, appearing before the
Investigating Authority exercising the power therein
defined, refuses to make oath, give testimony or
produce documents for inspection, when lawfully
required, shall be subject to discipline as in case of
contempt of court and, upon application by the
Investigating Authority, shall be dealt with by the
judge of the proper regional trial court in the
manner provided for under Book VII, Chapter 3,
Section 13, in relation to Chapter 1, Section 2 (1),
of the Administrative Code of 1987.
Sec5. Notice of hearing. — The parties and their
witnesses shall be notified by subpoena of the
scheduled hearing at least five (5) days before the
date thereof, stating the date, time and place of the
hearing.
Sec6. Venue of hearing. — When the respondent is
an elective official of a province or highly urbanized
city, the formal investigation as contemplated in this
Rule shall be conducted in the place where he
renders or holds office. For all other local elective
officials, the venue shall be the place where the
sanggunian concerned is located.
Sec7. Request for subpoena. — If a party desires
the attendance of a witness or the production of
documents, he should make formally request for
the issuance of the necessary subpoena or
subpoena duces tecum at least three (3) days
before the scheduled hearing.
Sec8. Postponement. — Postponement of
investigation shall be discouraged and shall be
allowed only in meritorious cases, like illness of the
parties or counsels and other similar case. No
postponement for a period longer than seven (7)
days shall be allowed, and in no case shall the total
number of postponements for one party be more
than twenty (20) days.
Sec9. Stenographic record of proceedings. — The
testimony of each witness and the manifestation of
the parties and counsels during an investigation
shall be taken in shorthand or stenotype. A
transcript of the proceedings made by the official
stenographer or stenotypist and duly certified by
him shall be prima facie a correct statement of such
proceedings.
Sec10. Order of hearing. — Unless otherwise
directed by the Investigating Authority, the order of
a hearing shall be as follows:
a) The complaint shall produce the evidence on
his part;
b) The respondent shall then offer evidence in
support of his defense; and
c) The parties may then respectively offer
rebutting evidence, unless the Investigating
Authority, for good reasons and in the furtherance
of justice, permits them to offer evidence upon their
original case.
Sec11. Order of Examination. — The order in which
a witness may be examined shall be as follows:
a) Direct examination by the proponent;
b) Cross examination by the opponent;
c) Re-direct examination by the proponent; and
d) Re-cross examination by the opponent.
Sec12. Termination of formal investigation. — The
formal investigation of the case shall be terminated
by the Investigating Authority within ninety (90)
days from the start thereof. Unreasonable failure to
complete the formal investigation after the said
period by the person or persons assigned to
investigate shall be a ground for disciplinary action.
Sec13. Memoranda. — The Investigating Authority
may allow the parties to submit their respective
memoranda, together with their respective draft
resolutions and orders for consideration of the
Investigating Authority, within fifteen (15) days after
the termination of the formal investigation.
Sec. 14. 90-day ban. — No formal
investigation shall be conducted within ninety (90)
days immediately prior to any local election. (As
added by AO159)
RULE 8: EVIDENCE
Sec1. Rules of evidence. — In administrative
disciplinary proceedings —
a) The Investigating Authority may admit and
give probative value to evidence commonly
accepted by reasonably prudent men in the
conduct of their affairs;
b) Documentary evidence may be received in
the form of copies or excepts, if the original is not
readily available. Upon request, the parties shall be
given opportunity to compare the copy with the
original. If the original is in the official custody of a
public officer, a certified copy thereof may be
accepted; and
c) The Investigating Authority may take notice
of judicially cognizable facts and of generally
technical or scientific facts within it specialized
knowledge. The parties shall be notified and
afforded an opportunity to contest the facts so
noticed.

Sec2. Marking. — All documentary evidence or
exhibits shall be properly marked by letter (A, B, C,
etc.), if presented by the complainants, and by
numbers (1, 2, 3, etc.), if presented by the
respondent. They shall be attached to the records
or, if voluminous, kept in a separate folder marked
"Folder of Exhibits", which shall also be attached to
the records.
RULE 9: REPORT OF INVESTIGATING
AUTHORITY AND TRANSMISSION OF RECORDS
Sec1. Transmission of Records to Disciplining
Authority. — The Investigating Authority shall
forward to the Disciplining Authority its findings and
recommendations, together with the following:
a) the draft decision, resolution and order;
b) the complete records with each page
consecutively numbered and initialed by the
custodian of the records;
c) a summary of proceedings thereon from the
filing of the complaint to the transmittal of the
records in chronological order indicating the action
taken on the incidents involved; and
d) a list of all pleadings, motions,
manifestations, annexes, exhibits, and other papers
or documents filed by the contending parties, as
well as the corresponding orders or resolutions.
Such documents shall be forwarded to the
Disciplining Authority within twenty (20) days —
a) from receipt of the last pleading and
evidence, if any, in case the respondent does not
elect a formal investigation;
b) after the expiration of the period within which
to submit the same; or after the termination of the
formal investigation; or
c) after the parties have submitted their
respective Memoranda if so allowed.
The transcript of the proceedings shall be paged
consecutively and in chronological order, sewed on
the left-hand side, and properly indexed, showing
the page on which the testimony of each witness
begins.
Sec2. Records classification. — Records in
administrative disciplinary cases are classified as
confidential in nature and any information as to the
charges, accusation, or facts adduced may not be
released, and such records may not be available,
except to the proper authorities and, upon request,
to the parties-in-interest or their authorized
representatives on the "need-to-know" basis
pursuant to Memorandum Circular No. 78 dated
August 14, 1964, as amended by Memorandum
Circular No. 196 dated July 19, 1968, prescribing
rules governing security of classified matter in
government offices.
RULE 10: DECISION
Sec1. Rendition of decision. — Within thirty (30)
days after receipt of the report of the Investigating
Authority and the transmittal of records, the
Disciplining Authority shall render a decision in
writing stating clearly and distinctly the facts and
reasons for such decision. Copies of said decision
shall immediately be furnished the respondent and
all interested parties.
Sec2. Finality of decision. — The decision of the
Disciplining Authority shall immediately be final and
executory upon receipt of a copy thereof by the
complainant or the respondent, as the case may
be. (As amended by AO159)
Sec3. Motion for reconsideration. — A motion for
reconsideration shall not stay the execution of a
decision. In the event that a decision is
reconsidered as to result in an exoneration, the
respondent shall be paid his salary and such other
emoluments accruing during the period of his
suspension of removal. (As amended by AO159)
RULE 11: PENALTIES
Sec1. Suspension or removal. — A respondent
found guilty of any of the offenses enumerated in
Rule 2 hereof may be meted the penalty of
suspension or removal depending on the evidence
presented and the aggravating or mitigating
circumstances that may be considered by the
Disciplining Authority.
Sec2. Suspension. — The penalty of suspension
shall not exceed the unexpired term of the
respondent, or a period of six (6) months for every
administrative offense, nor shall said penalty be a
bar to the candidacy of the respondent so
suspended as long as he meets the qualifications
required for the office.
When the respondent has been meted two (2) or
more penalties of suspension for two (2) or more
administrative offenses, such penalties shall be
served successively. (As amended by AO159)
Sec3. Removal. — An elective local official may be
removed from office on the grounds enumerated in
Rule 2 hereof by order of the proper court or the
Disciplining Authority whichever first acquires
jurisdiction to the exclusion of the other.
The penalty or removal from office as a result of an
administrative investigation shall be considered a
bar to the candidacy of the respondent for any
elective position.
RULE 12: EXECUTIVE CLEMENCY
Sec1. Removal of administrative penalties or
disabilities. — In meritorious cases, the President
may, after his decision has become final and
executory, commute or remove administrative
penalties and disabilities imposed upon elective
 local officials in administrative disciplinary cases,
subject to such terms and conditions as he may
imposed in the interest of the service.
RULE 13: MISCELLANEOUS PROVISIONS
Sec1. Effects and application of relevant laws. —
xxx In all matters not provided in this Administrative
Order, the Rules of Court and the 1987
Administrative Code shall apply in a suppletory
character.
Espiritu vs. Melgar (1992)
Facts:
Three similar complaints were filed with the DILG,
Office of the Provincial Governor, and Office of the
President, accusing Mayor Melgar of physically
assaulting and arresting him without any reason.
Sangguniang Panlalawigan, after evaluation, passed
a resolution recommending the Provincial Governor
to preventively suspend him pending the
administrative case so Mayor Melgar was suspended
by Governor Espiritu.
Melgar filed petition with RTC which enjoined the
Governor from implementing the order of suspension.
Held: RTC has no jurisdiction to enjoin the governor
from preventively suspending the mayor.
Clearly, under Sec63 of the (old) LGC, the provincial
governor of Oriental Mindoro is authorized by law to
preventively suspend the municipal mayor of Naujan
at anytime after the issues had been joined and any
of the following grounds were shown to exist:
1. When there is reasonable ground to believe
that the respondent has committed the act or acts
complained of;
2. When the evidence of culpability is strong;
3. When the gravity of the offense so warrants;
or
4. When the continuance in office of the
respondent could influence the witnesses or pose
a threat to the safety and integrity of the records
and other evidence.
Ratio of preventive suspension: so that the
respondent may not hamper the normal course of the
investigation through the use of his influence and
authority over possible witnesses (Lacson vs. Roque,
92 Phil. 456).
Also, Melgar failed to exhaust administrative
remedies: Since respondent mayor believed that his
preventive suspension was unjustified and politically
motivated, he should have sought relief first from the
Secretary of Interior and Local Government, not from
the courts.
However, once the 60-day preventive suspension has
been served, the official is deemed reinstated in
office without prejudice to the continuation of the
administrative investigation of the charges against
him.
Joson vs. Executive Secretary (1998)
Facts:
It was alleged in the complaint of the vice governor
and members of the Sangguniang Panlalawigan that
Governor Joson, with some armed men, barged into
the session hall of the SP, angrily kicking the chairs
and tables and threatening the members present –
alleged done to harass the SP into approving a
pending legislative measure obtaining a P150 million
from the PNB.
DILG found Joson guilty and ordered 6 months
suspension on the ground that the affidavits of
respondent complainants were more natural,
reasonable and probable than those of Joson's.
Held: Governor Joson was not validly suspended.
Verification requirement in the complaint and the joint
affidavit is only a formal and not a jurisdictional
requisite which is required only to insure good faith in
making the allegations. The court may order
correction of the pleading if unverified or act upon the
unverified pleading if attendant circumstances are
such that dispenses the requirement. CAB:
Verification requirement was waived when the
president himself acted on the complaint.
The power to discipline an elective official is lodged in
the President (AO 23, Sec2) which includes the
power to investigate. AO23 (Sec3) however
delegates the power to investigate to the DILG.
Also, such power of the DILG to investigate
administrative complaints is based on the alter-ego
principle and the doctrine of qualified political agency.
Non-compliance with AO23 in that the Office of the
President should have first required Joson to file his
answer then refer the complaint and answer to the
Investigative Authority (DILG) for further proceedings
is not a fatal defect, being merely procedural.
The answer is required only for the President to make
a preliminary assessment of the case, and he found
the complaint in CAB already sufficient in form and
substance.
HOWEVER, the 6month suspension is not valid
because of the denial of Joson’s Motion to Conduct
Formal Investigation which denied him procedural
due process.
Sec5 of AO23 provides that at the preliminary
conference, the Investigating Authority shall summon
the parties to consider whether they desire a formal
investigation. DILG has no discretion to determine
whether a formal investigation would be conducted.
There is nothing in the LGC, its IRR, nor in AO23 that
provide that administrative cases can be decided on
the basis of position papers. Respective memoranda
may be required ONLY AFTER the formal
investigation and hearing has been held.
Berces vs. Guingona (1995)
Facts:
After the filing of 2 administrative cases against
Mayor Corral of Tiwi, Sangguniang Panlalawigan
ordered:
In the first case – suspension for 2months, and
payment to Berces
In the second case – suspension for 3months and
reimbursement
Upon appeal of the decisions by Corral, Office of the
President stayed the execution of the decisions
based on LGC and AO18.
Berces sought reconsideration.
Held: The Office of the President has authority to
stay the execution of decisions made by
Sangguniang Panlalawigan.
The LGC in its repealing clause Sec530(f) has not
expressly repealed Sec6 of AO18 because it failed to
identify or designate the laws or executive orders that
are intended to be repealed.
In the absence of an express repeal, a subsequent
law cannot be construed as repealing a prior law
unless an irreconcilable inconsistency and
repugnancy exists in the terms of the new and old
laws.
CAB: Sec 68 of LGCode and Sec. 6 AO No. 18 are
not irreconcilably inconsistent and repugnant and the
two laws must in fact be read together.
The 1st sentence of Sec 68 merely provides that an
"appeal shall not prevent a decision from becoming
final or executory." As worded, there is room to
construe said provision as giving discretion to the
reviewing officials to stay the execution of the
appealed decision.
The execution of decisions pending appeal is
procedural and in the absence of a clear legislative
intent to remove from the reviewing officials the
authority to order a stay of execution, such authority
can be provided in the rules and regulations
governing the appeals of elective officials in
administrative cases.
The term "shall" in Sec68, LGC may be read either
as mandatory or directory depending upon a
consideration of the entire provision in which it is
found, its object and the consequences that would
follow from construing it one way or the other.
CAB: There is no basis to justify the construction of
the word as mandatory. Office of the President found
that the execution of the decision of the Sangguniang
Panlalawigan suspending Mayor Corral from office
might be prejudicial to the public interest. Thus, in
order not to disrupt the rendition of service by the
mayor to the public, a stay of the execution of the
decision is in order.
Ganzon vs. CA (1991)
Facts:
DLG Secretary issued against Mayor Ganzon 3
separate orders of 60-day preventive suspensions
dated Aug11 1988, Oct11 1988, and May3 1990. A
fourth order was issued on July3, 1991.
On August 5, 1991, SC issued order that the first 3
suspensions are affirmed provided that Ganzon may
not be made to serve future suspensions on account
of any of the remaining admin charges against him.
Ganzon filed a petition for mandamus with
"manifestation and compliance," alleging that he had
already fully served the suspension orders issued
against him, in compliance with the August 5 SC
Order, and that he should be allowed to re-assume
his office starting September 4 1991.
Held: Simultaneous service of the 3 rd and 4th orders
of suspension can be allowed
Under the bizarre circumstances of CAB, It would
work in favor of Ganzon, an elective official, and it
presumably will favor the local constituency and
certainly lessen if not offset the harsh effects of
whatever motive may be behind the intriguing action
of DLG Sec in issuing the successive suspension
orders especially when he could have pursued a
consolidated effort.
SC takes judicial notice of recently-approved LGC
which provides, under Sec63 as to imposition of
preventive suspensions, that
Sec63 (b). . . that, any single preventive
suspension of local elective official shall not
extend beyond sixty (60) days: Provided, further
that in the event that several administrative cases
are filed against an elective official, he cannot be
preventively suspended for more than ninety (90)
days within a single year on the same ground or
grounds existing and known at the time of the first
suspension."
Aguinaldo vs. Santos (1992)
Facts:
Governor Aguinaldo of Cagayan province was found
guilty by DLG Sec for disloyalty to the Republic and
culpable violation of the Constitution and was ordered
removed from office.
Pending Aguinaldo’s petition in SC, he filed his
certificate of candidacy for position of Governor for
the 1992 elections.
COMELEC disqualified Aguinaldo.
SC annulled COMELEC Resolution disqualifying
Aguinaldo on the ground that DLG Sec. decision has
not yet attained finality and is still pending review with
SC.
Aguinaldo won in the 1992 elections as Governor.
Held:
1. Aguinaldo’s re-election to Governor position
has rendered the administrative case pending
before SC moot and academic.
RULE: A public official can not be removed for
administrative misconduct committed during a prior
term, since his re-election to office operates as a
condonation of the officer's previous misconduct to
the extent of cutting off the right to remove him
therefor. It is assumed that the electorate did this with
knowledge of his life and character.
However, such rule finds no application to criminal
cases pending against petitioner for acts he may
have committed during the failed coup.
2. The 1987 Constitution has not repealed the
power of DLG Sec to suspend or remove local
government officials as alter ego of the President.
The Sec’s power to remove is anchored on the
Constitution and a statutory grant from the
legislature:
- Constitutional basis: in Articles VII (17) and X
(4) – which vest in the President the power of
control over all executive departments, bureaus
and offices and the power of general supervision
over local governments, and by the doctrine that
the acts of the department head are
presumptively the acts of the President unless
expressly rejected by him
- The statutory grant in BP337 has
constitutional roots - having been enacted by the
Batas Pambansa pursuant to Art XI, Sec2 of
1973 Constitution which states that the National
Assembly shall... provide for the qualifications,
election and removal... of local government
officials
- a similar provision is found in Art X, Sec3 of
1987 Constitution that the Congress shall...
provide for the qualifications, election,
appointment, and removal... and all other matters
relating to the organization and
operation of the local units.
Inasmuch as the power and authority of the
legislature to enact a local government code, which
provides for the manner of removal of local
government officials, is found in the 1973 and 1987
Constitutions, then it cannot be said that BP337 was
repealed by the effectivity of the present Consitution.
Moreover, the Court had stated in the case Bagabuyo
vs. Davide that BP337 remained in force despite the
effectivity of the present Constitution, until such time
as the proposed 1991 LGC is approved. The power
of DLG Sec to remove local elective government
officials is found in Sec60 and 61 of BP337.
People vs. Toledano (2000)
Facts:
Ombudsman dismissed administrative cases against
Bunao (member of Sangguniang Bayan), but
recommended the prosecution of Bunao under
Sec41, par(1) in relation to Sec221 of 1983 LGC
(Officials not to engage in Business Transactions or
Possess Pecuniary Interest).
An information was filed against Bunao before the
RTC.
Bunao moved to dismiss the information on the
ground that the charge had already become moot
and academic and that any criminal liability he may
have incurred has been extinguished (Administrative
charges had been dismissed; Bunao was re-elected).
Held: It was not proper for judge to issue order of
dismissal on the ground of extinction of criminal
liability. There is Grave Abuse of Discretion
amounting to lack of jurisdiction.
It is a fundamental principle of administrative law that
administrative cases are independent from criminal
actions for the same act or omission.
The reliance made by respondent judge on the re-
election of private respondent as Kagawad in the
May 1992 election so as to warrant the dismissal of
the information filed against him, citing Aguinaldo vs.
Santos is misplaced. The ruling in said case which
forbids the removal from office of a public official for
administrative misconduct committed during a prior
term, finds no application to criminal cases, pending
against said public officer.
1991 LGC which repealed 1983 LGC: (1) reenacted
in its Sec89 the legal provision of Sec41 of BP337
under which private respondent Bunao was charged
and (2) penalizes the same act previously penalized
under the repealed law, such that the act committed
before the reenactment continuous to be a crime.
Hence, prosecution will proceed under the provisions
of Section 89 in relation to Section 514 of R.A.7160.
Garcia vs. Mojica (1999)
Facts:
Garcia, as Cebu City mayor, signed a contract with
F.E.Zuellig for supply of asphalt to the city. Contract
covers the period 1998-2001 which was to
commence on September1998 when the first delivery
should have been made by Zuellig.
March1999, news reports came out regarding alleged
anomalous purchase of asphalt by Cebu City,
through the contract signed by Garcia – which
prompted Office of Ombudsman (Visayas) to conduct
an inquiry.
Preventive suspension order was issued by the
Office of the Ombudsman.
Garcia assails validity of the order.
RE: Ombudsman's authority to conduct
administrative investigations:
- mandated by the Constitution under Art XI,
Sec13(1)
- RA6770 (Ombudsman Law) grants the
statutory power to conduct administrative
investigations
- Sec19 - to act on administrative complaints
- Sec21 - which names the officials subject to
Ombudsman's disciplinary authority, among
which are elective officials of the government
CAB: Garcia is an elective official accused of grave
misconduct and dishonesty – it is clear from the law
that the Office of the Ombudsman may conduct an
administrative investigation into the acts complained
of.
RE: Ombudsman's authority to preventively
suspend an official subject to its administrative
investigation:
- Sec24, RA6770 provides for it –
The Ombudsman or his Deputy may preventively
suspend any officer or employee under his
authority pending an investigation, if in his
judgment the evidence of guilt is strong, and (a)
the charge against such officer or employee
involves dishonesty, oppression or grave
misconduct or neglect in the performance of duty;
(b) the charges would warrant removal from the
service; or (c) the respondent’s continued stay in
office may prejudice the case filed against him.
xxx
 “Under his authority” has been previously
interpreted to mean that the Ombudsman can
preventively suspend all officials under investigation
by his office, regardless of the branch of government
in which they are employed, except those removable
by impeachment, members of Congress and the
Judiciary.
 This power is also available to the Deputy
Ombudsman.
CAB: There can be no question as to the power and
authority of respondent Deputy Ombudsman Mojica
to issue an order of preventive suspension against an
official like Garcia – to prevent that official from using
his office to intimidate or influence witnesses or to
tamper with records that might be vital to the
prosecution of the case against him.
RE: Period for which an official may be
preventively suspended:
- must not exceed 6months under Sec24,
RA6770
CAB: Garcia was preventively suspended and
ordered to cease and desist from holding office for
the entire period of 6months, which is the maximum
provided by law.
RE: Determination of W/N the evidence of guilt is
strong as to warrant preventive suspension, and
the period of such suspension:
- rests and necessarily belongs to the
Ombudsman, except that he cannot extend the
period of suspension beyond that provided by
law.
SC’s view: The strength of the evidence to warrant
said suspension and the propriety of the length or
period of suspension imposed on Garcia are properly
raised in the petition under Rule65 where there may
be grave abuse of discretion.
1. W/N the evidence is sufficiently strong to
justify the imposition of preventive
suspension against Garcia.
Held: Findings sufficiently justify it.
- Pertinent to note that the inquiry that
preceded the filing of administrative case vs.
Garcia was prompted by new reports regarding
the allegedly anomalous contract entered into by
Garcia, on behalf of Cebu City, with Zuellig.
- In the memo to Mojica, Graft Investig. Off.
Garciano recommended that Garcia be
preventively suspended, based on an initial
investigation purportedly showing:
o Contract was designed to favor
Zuellig
o Amount quoted in contract was too
expensive compared to amount for which
asphalt may be bought from local suppliers
like Shell and Petron – specially considering
that it was fixed in dollars and payable in
pesos  exposing city government to risks
attendant to a fluctuating exchange rate
o Interest of city under the contract is
not protected by adequate security
- Findings were based on the contract, letters
from Bitumex and Credit Lyonnais, letters from
Shell and Petron on whether they can supply
asphalt to Cebu City…
2. W/N the imposition of the maximum
period of 6 months is warranted by the
purpose and the circumstances in CAB
Held: NO.
SolGen’s statement for respondents during his oral
argument show that the evidence (documents,
vouchers, purchase orders…) to prove guilt were
obtained after Garcia has been suspended, and he
claimed (even as an afterthought) that they
strengthen the evidence against Garcia.
 If the purpose of the preventive suspension was to
enable the investigating authority to gather
documents without intervention from Garcia, then,
from respondents’ submission – it can be concluded
that this purpose was already achieved during the
nearly month-long suspension of Garcia from
June25-July19, 1999.
Granting that now the evidence vs. Garcia is already
strong, even without conceding that initially it was
weak – it is clear that the maximum 6-month period is
excessive and definitely longer than necessary for
Ombudsman to make its legitimate case vs. Garcia.
Conclusion: the period during which Garcia was
already preventively suspended, has been sufficient
for the lawful purpose of preventing him from hiding
and destroying needed documents, or harassing and
preventing witnesses who wish to appear against
him.
DanGat: We’re upset – courts can overrule the
discretion given to the Disciplining Authority as
regards sufficiency of evidence and the period of
preventive suspension
Conclusion reached without necessarily drawing a
distinction between the preventive suspension
imposed by Ombudsman Law and the Local
Government Code.
Garcia would claim: LGC should apply to case of an
elective local official.
Note: Under LGC, preventive suspension may only
be imposed only for a maximum period of 60days.
Respondents’ argument: Administrative complaints
commenced under Ombudsman Law are distinct
from those initiated under LGC.
- The shorter period (60days) of suspension
under LGC is intended to limit the period of
suspension that may be imposed by a mayor,
governor, or President, who may be motivated by
partisan political considerations
- The Ombudsman, who can impose a longer
period (6 months) is not likely to be similarly
motivated because it is a constitutional body.
Held: Distinction between LGC and Ombudsman
Law is valid but not decisive of whether there has
been grave abuse of discretion in a specific case of
preventive suspension.
1. Respondents may be correct in pointing out
the reason for the shorter period imposable under
the LGC (as based on the deliberations of the
Senate on the Bill). Political color could taint the
exercise of the power to suspend local officials by
the mayor, governor or President’s office. In
contrast, the Ombudsman, considering the
constitutional origin of his Office, always ought to
be insulated from the vagaries of politics, as
respondents would have the SC believe.
2. Hagad vs. Gozo-Dadole has said that
nothing in LGC indicate that it has repealed
(express or implied) the pertinent provisions of
Ombudsman Act – not being inconsistent.
Although it has been argued that 6month period
under Ombudsman Law is much too repugnant to
60day period under LGC, Vitug said that the two
govern differently.
Garcia still contends: The Hagad case did not settle
the question of whether a local elective official may
be preventively suspended even before the issues
could be joined. And he was not given a chance to
refute first the charges against him.
Note: Under the LGC, preventive suspension may
only be imposed after issues are joined.
Held: It has been held in other cases that there could
be preventive suspension even before the charges
against the official are heard, or before the official is
given an opportunity to prove his innocence.
Preventive suspension is merely a preliminary step in
an administrative investigation and is not in any way
the final determination of the guilt of the official
concerned.
Garcia continues on: Suspension order against him
was issued in violation of Sec26(2) of Ombudsman
Law – that before an inquiry may be converted into a
full-blown administrative investigation, official must be
given 72hours to answer the charges against him. 
It was converted without him being given the required
number of hours to answer.
Held: Nope.
1. Even though it appears that he was not given
the requisite 72hours to submit a written answer
to complaint against him, this does not make
invalid the preventive suspension order issued
against him. Again, It may be issued even before
the charges against the official concerned is
heard.
2. Moreover, respondents state that Garcia was
given 10days to submit his counter-affidavit to the
complaint filed by Tagaan. This is in keeping with
Sec5(a) of Rules of Procedure of Office of the
Ombudsman.
Granting that Ombudsman Office may investigate, for
purposes provided for by law, acts of Garcia
committed prior to his present term of office; and that
it may preventively suspend him for a reasonable
period, Can that office hold him administratively liable
for said acts?
SC Note: It has repeatedly held in a number of cases
that a reelected local official may not be held
administratively accountable for misconduct
committed during his prior term of office.
 Rationale: When the electorate put him back into
office, it is presumed that it did so with full knowledge
of his life and character, including his past
misconduct. If, armed with such knowledge, it still
reelects him, then such reelection is considered a
condonation of his past misdeeds.
Respondents argue however: In CAB, contract
entered into by Garcia with Zuellig was signed just
4days before date of elections  it was not made an
issue during the election, and so the electorate could
not be said to have voted for Garcia with knowledge
of this particular aspect of his life and character.
Garcia contends: “The only conclusive determining
factor” as regards the people’s thinking on the matter
is an election.
SC held: Garcia is correct.
That the people voted for an official with knowledge
of his character is presumed, precisely to eliminate
the need to determine, in factual terms, the extent of
this knowledge. Such an undertaking is impossible.
Rulings on the matter do not distinguish the precise
timing or period when the misconduct was
committed, reckoned from the date of the official’s
reelection, except that it must be prior to said date.
Salalima case applies – that sound policy dictates it.
To rule otherwise would open the floodgates to
exacerbating endless partisan contests between the
reelected official and his political enemies, who may
not stop to hound the former during his new term with
administrative cases for acts alleged to have been
committed during his previous term.
In CAB, Garcia cannot anymore be held
administrative liable for an act done during his
previous term (his signing of contract with Zuellig).
Respondents continue to argue: Although signed
during Garcia’s prior term, it is to be made effective
during his present term.
SC held: NO.
Agreement was perfected on date contract was
signed, during prior term. At that moment, Garcia
already acceded to the terms of the contract,
including stipulations now alleged to be prejudicial to
the city government.
Thus, any culpability Garcia may have in signing the
contract already became extant on the day the
contract was signed. It hardly matters that the
deliveries under the contract are supposed to have
been made months later.
SUPER CONCLUSION:
Garcia can no longer be held administratively liable
for signing contract with Zuellig.
This should not prejudice the filing of any case other
than administrative against Garcia – this is not a total
exoneration of Garcia for whatever wrongdoing might
have been committed in signing the subject contract.
Garcia vs. Miro (2003)
Facts:
Continuation of Garcia vs. Mojica…
Deputy Ombudsman required COA Director to
conduct a special audit, and requested the City
Administrator to submit documents pertaining to the
asphalt supply of the city and a copy of the contract.
Special Prosecution Officer Tagaan, who conducted
the inquiry, recommended that a criminal and an
administrative complaint be filed against Garcia and
several others. Tagaan filed an affidavit with the Graft
Investigation Office against Garcia and others for
violation of Section 3(g) of RA 3019.
The Office of the City Auditor filed its report which
was prepared by State Auditors Cabreros and
Quejada, Jr. to Miro, concluding that the transaction
is highly questionable in view of the fact that
payments were made even if the items were not yet
delivered. State Auditors Cabreros and Quejada
thereafter submitted a joint affidavit and a
supplemental joint affidavit wherein they disclosed
other details such as the alleged ghost deliveries of
asphalt.
Held:
The COA Special Audit Report and the supporting
affidavits submitted by State Auditors constitute a
valid complaint with the Office of the Ombudsman.
For purposes of initiating a preliminary investigation
before the Office of the Ombudsman, a complaint "in
any form or manner" is sufficient (Sec. 12 Art XI of
Const.). In Almonte v. Vasquez, SC held that even
unverified and anonymous letters may suffice to start
an investigation.
In permitting the filing of complaints "in any form or
manner," the framers of the Constitution took into
account the well-known reticence of the people which
keep them from complaining against official
wrongdoings.
The Office of the Ombudsman is different from the
other investigatory and prosecutory agencies of the
government because those subject to its jurisdiction
are public officials who, through official pressure and
influence, can quash, delay or dismiss investigations
held against them.
In CAB, the Deputy Ombudsman's Order requiring
petitioner to submit his counter-affidavit was
accompanied by the COA Special Audit Report and
the joint affidavit and supplemental joint affidavit of
State Auditors Cabreros and Quejada. Garcia did not
deny receiving the documents.
Withdrawal of SPO Tagaan was not fatal to the case.
Tagaan's report and affidavit still form part of the
records of the case. He could still be called by
subpoena if necessary.
Tagaan was a nominal party, whose duty as special
prosecutor was to investigate the commission of
crimes and file the corresponding complaint
whenever warranted.
The real complainant is the State

Hunting the Elusive G-Spot (Part3):
Finding Your G-Spot
The G-Spot is located along the upper/front wall of
the vagina, about two inches in, towards the
stomach. Try some manual exploration. Lie on your
back with your knees bent and rest your feet on the
Sec15. Powers, Functions and Duties. — The
bed in front of you. Insert your middle finger into
your vagina and gently stroke the front wall behind
the pubic bone, about two inches up.You should feel
a patch of skin that has a different texture from the
rest of your vaginal walls, slightly rough or "ruffled."
Using a "comehither" motion, press into the center of
this ruffled patch until you feel an area that is
sensitive to pressure. That's your G-Spot, also known
as your urethral sponge. It's on the other side of your
vaginal wall, which is why you'll probably respond
more to pressure than light stroking. Thearea is about
the size of a pea, but can enlarge to the size of a
walnut when stimulated. You should also know that
many women feel like they need to urinate when this
area is stimulated. This is due to the fact that, as it
enlarges,it presses on the same nerves that signal a
full bladder. Most women find, however,that as
stimulation is continued, this feeling goes away and
is replaced by pleasurable sensations.
(continued…)
The Ombudsman
RA 6770 (1989) – Ombudsman Act of 1989
Sec2. Declaration of Policy. — The State shall
maintain honesty and integrity in the public service
and take positive and effective measures against
graft and corruption.
Public office is a public trust. Public officers and
employees must at all times be accountable to the
people, serve them with utmost responsibility,
integrity, loyalty, efficiency, act with patriotism and
justice and lead modest lives.
Sec13. Mandate. — The Ombudsman and his
Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or manner
against officers or employees of the Government,
or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled
corporations, and enforce their administrative, civil
and criminal liability in every case where the
evidence warrants in order to promote efficient
service by the Government to the people. casia
Sec14. Restrictions. — No writ of injunction shall be
issued by any court to delay an investigation being
conducted by the Ombudsman under this Act,
unless there is a prima facie evidence that the
subject matter of the investigation is outside the
jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for
remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure
question of law.
Office of the Ombudsman shall have the following
powers, functions and duties:
(1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of
any public officer or employee, office or agency,
when such act or omission appears to be illegal,
unjust, improper or inefficient. It has primary
jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of this primary
jurisdiction, it may take over, at any stage, from any
investigatory agency of Government, the
investigation of such cases;
(2) Direct, upon complaint or at its own instance,
any officer or employee of the Government, or of
any subdivision, agency or instrumentality thereof,
as well as any government-owned or controlled
corporations with original charter, to perform and
expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in
the performance of duties;
(3) Direct the officer concerned to take
appropriate action against a public officer or
employee at fault or who neglect to perform an act
or discharge a duty required by law, and
recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary
authority as provided in Section 21 of this Act:
Provided, That the refusal by any officer without
just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee who
is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground
for disciplinary action against said officer;
(4) Direct the officer concerned, in any
appropriate case, and subject to such limitations as
it may provide in its rules of procedure, to furnish it
with copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties,
and report any irregularity to the Commission on
Audit for appropriate action;
(5) Request any government agency for
assistance and information necessary in the
discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation
of the matters mentioned in paragraphs (1), (2), (3)
and (4) hereof, when circumstances so warrant and
 with due prudence: Provided, That the
Ombudsman under its rules and regulations may
determine what cases may not be made public:
Provided, further, That any publicity issued by the
Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red
tape, mismanagement, fraud, and corruption in the
Government, and make recommendations for their
elimination and the observance of high standards
of ethics and efficiency;
(8) Administer oaths, issue subpoena and
subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to
examine and have access to bank accounts and
records;
(9) Punish for contempt in accordance with the
Rules of Court and under the same procedure and
with the same penalties provided therein;
(10) Delegate to the Deputies, or its investigators
or representatives such authority or duty as shall
ensure the effective exercise or performance of the
powers, functions, and duties herein or hereinafter
provided;
(11) Investigate and initiate the proper action for
the recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the
prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints
filed against high ranking government officials
and/or those occupying supervisory positions,
complaints involving grave offenses as well as
complaints involving large sums of money and/or
properties.
Sec16. Applicability. — The provisions of this Act
shall apply to all kinds of malfeasance,
misfeasance, and non-feasance that have been
committed by any officer or employee as
mentioned in Section 13 hereof, during his tenure
of office.
Sec17. Immunities. — In all hearings, inquiries, and
proceedings of the Ombudsman, including
preliminary investigations of offenses, nor person
subpoenaed to testify as a witness shall be
excused from attending and testifying or from
producing books, papers, correspondence,
memoranda and/or other records on the ground
that the testimony or evidence, documentary or
otherwise, required of him, may tend to incriminate
him or subject him to prosecution: Provided, That
no person shall be prosecuted criminally for or on
account of any matter concerning which he is
compelled, after having claimed the privilege
against self-incrimination, to testify and produce
evidence, documentary or otherwise.
Under such terms and conditions as it may
determine, taking into account the pertinent
provisions of the Rules of Court, the Ombudsman
may grant immunity from criminal prosecution to
any person whose testimony or whose possession
and production of documents or other evidence
may be necessary to determine the truth in any
hearing, inquiry or proceeding being conducted by
the Ombudsman or under its authority, in the
performance or in the furtherance of its
constitutional functions and statutory objectives.
The immunity granted under this and the
immediately preceding paragraph shall not exempt
the witness from criminal prosecution for perjury or
false testimony nor shall he be exempt from
demotion or removal from office.
Any refusal to appear or testify pursuant to the
foregoing provisions shall be subject to punishment
for contempt and removal of the immunity from
criminal prosecution.
Sec18. Rules of Procedure. —
(1) The Office of the Ombudsman shall
promulgate its rules of procedure for the effective
exercise or performance of its powers, functions,
and duties.
(2) The rules of procedure shall include a
provision whereby the Rules of Court are made
suppletory.
(3) The rules shall take effect after fifteen (15)
days following the completion of their publication in
the Official Gazette or in three (3) newspapers of
general circulation in the Philippines, one of which
is printed in the national language.
Sec19. Administrative Complaints. — The
Ombudsman shall act on all complaints relating,
but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or
discriminatory;
(3) Are inconsistent with the general course of
an agency's functions, though in accordance with
law;
(4) Proceed from a mistake of law or an arbitrary
ascertainment of facts;
(5) Are in the exercise of discretionary powers
but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of
justification.
Sec20. Exceptions. — The Office of the
Ombudsman may not conduct the necessary
investigation of any administrative act or omission
complained of if it believes that:
(1) The complainant has an adequate remedy in
another judicial or quasi-judicial body;
(2) The complaint pertains to a matter outside
the jurisdiction of the Office of the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or
made in bad faith;
(4) The complainant has no sufficient personal
interest in the subject matter of the grievance; or
 (5) The complaint was filed after one (1) year
from the occurrence of the act or omission
complained of.
Sec21. Official Subject to Disciplinary Authority;
Exceptions. — The Office of the Ombudsman shall
have disciplinary authority over all elective and
appointive officials of the Government and its
subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local
government, government-owned or controlled
corporations and their subsidiaries, except over
officials who may be removed only by
impeachment or over Members of Congress, and
the Judiciary.
Sec22. Investigatory Power. — The Office of the
Ombudsman shall have the power to investigate
any serious misconduct in office allegedly
committed by officials removable by impeachment,
for the purpose of filing a verified complaint for
impeachment, if warranted.
In all cases of conspiracy between an officer or
employee of the government and a private person,
the Ombudsman and his Deputies shall have
jurisdiction to include such private person in the
investigation and proceed against such private
person as the evidence may warrant. The officer or
employee and the private person shall be tried
jointly and shall be subject to the same penalties
and liabilities.
Sec23. Formal Investigation. —
(1) Administrative investigations conducted by
the Office of the Ombudsman shall be in
accordance with its rules of procedure and
consistent with due process.
(2) At its option, the Office of the Ombudsman
may refer certain complaints to the proper
disciplinary authority for the institution of
appropriate administrative proceedings against
erring public officers or employees, which shall be
determined within the period prescribed in the civil
service law. Any delay without just cause in acting
on any referral made by the Office of the
Ombudsman shall be a ground for administrative
action against the officers or employees to whom
such referrals are addressed and shall constitute a
graft offense punishable by a fine of not exceeding
Five thousand pesos (P5,000.00).
(3) In any investigation under this Act the
Ombudsman may: (a) enter and inspect the
premises of any office, agency, commission or
tribunal; (b) examine and have access to any book,
record, file, document or paper; and (c) hold private
hearings with both the complaining individual and
the official concerned.
Sec24. Preventives Suspension. — The
Ombudsman or his Deputy may preventively
suspend any officer or employee under his
authority pending an investigation, if in his
judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves
dishonesty, oppression or grave misconduct or
neglect in the performance of duty; (b) the charges
would warrant removal from the service; or (c) the
respondent's continued stay in office may prejudice
the case filed against him.
The preventive suspension shall continue until the
case is terminated by the Office of the Ombudsman
but not more than six (6) months, without pay,
except when the delay in the disposition of the case
by the Office of the Ombudsman is due to the fault,
negligence or petition of the respondent, in which
case the period of such delay shall not be counted
in computing the period of suspension herein
provided.
Sec25. Penalties. —
(1) In administrative proceedings under
Presidential Decree No. 807, the penalties and
rules provided therein shall be applied.
(2) In other administrative proceedings, the
penalty ranging from suspension without pay for
one (1) year to dismissal with forfeiture of benefits
or a fine ranging from Five thousand pesos
(P5,000.00) to twice the amount malversed,
illegally taken or lost, or both at the discretion of the
Ombudsman, taking into consideration
circumstances that mitigate or aggravate the
liability of the officer or employee found guilty of the
complaint or charges.
Sec26. Inquiries. —
(1) The Office of the Ombudsman shall inquire
into acts or omissions of a public officer, employee,
office or agency which, from the reports or
complaints it has received, the Ombudsman or his
Deputies consider to be:
(a) contrary to law or regulation;
(b) unreasonable, unfair, oppressive, irregular or
inconsistent with the general course of the
operations and functions of a public officer,
employee, office or agency;
(c) an error in the application or interpretation of
law, rules or regulations, or a gross or
palpable error in the appreciation of facts;
(d) based on improper motives or corrupt
considerations;
(e) unclear or inadequately explained when
reasons should have been revealed; or
(f) inefficient performed or otherwise
objectionable.
(2) The Officer of the Ombudsman shall receive
complaints from any source in whatever form
concerning an official act or omission. It shall act on
the complaint immediately and if it finds the same
entirely baseless, it shall dismiss the same and
inform the complainant of such dismissal citing the
 reasons therefor. If it finds a reasonable ground to
investigate further, it shall first furnish the
respondent public officer or employee with a
summary of the complaint and require him to
submit a written answer within seventy-two (72)
hours from receipt thereof. If the answer is found
satisfactory, it shall dismiss the case.
(3) When the complaint consists in delay or
refusal to perform a duty required by law, or when
urgent action is necessary to protect or preserve
the rights of the complainant, the Office of the
Ombudsman shall take steps or measures and
issue such orders directing the officer, employee,
office or agency concerned to:
(a) expedite the performance of duty;
(b) cease or desist from the performance of a
prejudicial act;
(c) correct the omission;
(d) explain fully the administrative act in
question; or
(e) take any other steps as may be necessary
under the circumstances to protect and
preserve the rights of the complainant.
(4) Any delay or refusal to comply with the
referral or directive of the Ombudsman or any of his
Deputies, shall constitute a ground for
administrative disciplinary action against the officer
or employee to whom it was addressed.
Sec27. Effectivity and Finality of Decisions. — (1)
All provisionary orders of the Office of the
Ombudsman are immediately effective and
executory.
A motion for reconsideration of any order, directive
or decision of the Office of the Ombudsman must
be filed within five (5) days after receipt of written
notice and shall be entertained only on any of the
following grounds:
(1) New evidence has been discovered which
materially affects the order, directive or decision;
(2) Errors of law or irregularities have been
committed prejudicial to the interest of the movant.
The motion for reconsideration shall be resolved
within three (3) days from filing: Provided, That only
one motion for reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman
when supported by substantial evidence are
conclusive. Any order, directive or decision
imposing the penalty of public censure or
reprimand, suspension of not more than one (1)
month's salary shall be final and unappealable.
In all administrative disciplinary cases, orders,
directives, or decisions of the Office of the
Ombudsman may be appealed to the Supreme
Court by filing a petition for certiorari within ten (10)
days from receipt of the written notice of the order,
directive or decision or denial of the motion for
reconsideration in accordance with Rule 45 of the
Rules of Court.
The above rules may be amended or modified by
the Office of the Ombudsman as the interest of
justice may require.
Sec28. Investigation in Municipalities, Cities and
Provinces. — The Office of the Ombudsman may
establish offices in municipalities, cities and
provinces outside Metropolitan Manila, under the
immediate supervision of the Deputies for Luzon,
Visayas and Mindanao, where necessary as
determined by the Ombudsman. The investigation
of complaints may be assigned to the regional or
sectoral deputy concerned or to a special
investigator who shall proceed in accordance with
the rules or special instructions or directives of the
Office of the Ombudsman. Pending investigation
the deputy or investigator may issue orders and
provisional remedies which are immediately
executory subject to review by the Ombudsman.
Within three (3) days after concluding the
investigation, the deputy or investigator shall
transmit, together with the entire records of the
case, his report and conclusions to the Office of the
Ombudsman. Within five (5) days after receipt of
said report, the Ombudsman shall render the
appropriate order, directive or decision.
Sec29. Change of Unjust Laws. — If the
Ombudsman believes that a law or regulation is
unfair or unjust, he shall recommend to the
President and to Congress the necessary changes
therein or the repeal thereof.
Sec30. Transmittal/Publication of Decision. — In
every case where the Ombudsman has reached a
decision, conclusion or recommendation adverse to
a public official or agency, he shall transmit his
decision, conclusion, recommendation or
suggestion to the head of the department, agency
or instrumentality, or of the province, city or
municipality concerned for such immediate action
as may be necessary. When transmitting his
adverse decision, conclusion or recommendation,
he shall, unless excused by the agency or official
affected, include the substance of any statement
the public agency or official may have made to him
by way of explaining past difficulties with or present
rejection of the Ombudsman's proposals.
Hagad vs. Gozo-Dadole (1993)
Facts:
Criminal and administrative complaints were filed
against respondents (mayor, v-mayor and SP
member) with the Deputy Ombudsman after causing
the alteration of Ordinance No. 018/92 by increasing
the allocated appropriation therein.
Respondents prayed for dismissal of the complaint. investigation after charges are heard. Naturally such
Ombudsman has no jurisdiction over the admin case would occur prior to any finding of guilt.
filed against them since Sec 63 LGC vests the power
to investigate and impose admin. Sanctions against DanGat: Can one file administrative cases against
local officials with the OP. Denied. elective officials with different disciplining authorities
simultaneously?
Held: This is possible. Cases do not categorically say that
1. Ombudsman has jurisdiction over the case. filing with one excludes the filing with others.
There is nothing in the LGC to indicate that it has
repealed, whether expressly or impliedly, the
pertinent provisions of the Ombudsman Act. The 2
statutes on the specific matter in question are not so Garcia vs. Mojica (1999)
inconsistent as to compel the court to uphold 1 and
strike down the other. Hagad vs. Gozo-Dadole has said that nothing in LGC
Implied repeals are not favored and it is fundamental indicate that it has repealed (express or implied) the
that the legislature should be presumed to have pertinent provisions of Ombudsman Act – not being
known the existing laws on the subject and not to inconsistent.
have enacted conflicting statutes. Although it has been argued that 6month period
Moreover, Sections61 and 63 of the present LGC run under Ombudsman Law is much too repugnant to
almost parallel with the provisions then existing under 60day period under LGC, Vitug said that the two
the old code. The passage of 1991 LGC cannot be govern differently.
deemed to have effected a change from what already
prevailed, the modification being only in the It is contended that the Hagad case did not settle the
substitution of the Sec. of the LG with the OP. question of whether a local elective official may be
preventively suspended even before the issues could
2. The 6-month preventive suspension without be joined. And he was not given a chance to refute
pay under the Ombudsman Act is not repugnant first the charges against him. Note: Under the LGC,
to the 60-day preventive suspension in the LGC. preventive suspension may only be imposed after
The 2 provisions govern differently. issues are joined.
HOWEVER, It has been held in other cases that
Preventive suspension Preventive suspension there could be preventive suspension even before
under Ombudsman Act under LGC the charges against the official are heard, or before
TO JUSTIFY … the official is given an opportunity to prove his
Evidence of guilt must It is enough that: innocence.
be strong and 1. there is Preventive suspension is merely a preliminary step in
1. the charge ag. reasonable ground to an administrative investigation and is not in any way
the officer or believe that the the final determination of the guilt of the official
employee should respondent has concerned.
involve dishonesty, committed the act or
oppression, grave acts complained of;
misconduct or 2. evidence of Constantino vs. Desierto (1998)
neglect in the culpability is strong
performance of 3. gravity of the Facts:
duty; offense so warrants; Deputy Ombudsman Gervacio placed Mayor
2. the charges or Constantino under preventive suspension, being
should warrant 4. the accused of violation of the Anti-Graft and Corrupt
removal from continuance in office Practices Act because the terms of the lease
service; or of the respondent agreement and undertaking between the mayor for
3. the continued could influence the the municipality and the company were contrary to
stay in office of witnesses or pose a Resolution passed by the Sangguniang Bayan.
respondent would threat to the safety Motions and notice by Mayor were denied.
prejudice the case and integrity of the Information was filed against the mayor before
filed against him. records and other Sandiganbayan. Graft Investigation Officer Buena
evidence handed down a resolution finding the mayor guilty
and ordered his dismissal from service.

Not being in the nature of a penalty, a preventive Held:

suspension can be decreed on an official under Review by the Ombudsman of the motions for
inhibition and to reset hearing are no longer
necessary where the authority of the Graft
Investigation Officer to issue the order pending the
investigation of the administrative case is specifically
conferred by Sec28 of the Ombudsman Act. In fact,
such order is immediately executory.
Furthermore, the impugned order was actually
reviewed by a superior officer. It was then
recommended for approval by the Deputy
Ombudsman, and ultimately approved by
Ombudsman Desierto. The motions therefore
received due attention and consideration although
resolved against him.
HOWEVER, evidence against him is inadequate to
warrant his dismissal from service on the specified
grounds of grave misconduct, conduct prejudicial to
the best interest of the service and gross neglect of
duty.
Castillo-Co vs. Barbers (1998)
Facts:
Congressman Cua filed a complaint before the Office
of the Ombudsman against Governor Castillo-Co and
Provincial Engineer Ringor for violation of the Anti-
Graft and Corrupt Practices Act and the RPC (fraud
against the public treasury and malversation)
They were preventively suspended for a period of
6months based on an order by Director Gonzales
and approved by the Deputy Ombudsman.
Held:
1. The Deputy Ombudsman has authority to
place them under preventive suspension.
There is nothing in RA7975 that remotely suggests
that only the Ombudsman, and not his Deputy, may
sign an order preventively suspending officials
occupying positions classified as grade27 or above.
In fact under Sec24 of the Ombudsman Law and
Sec9, Rule III of the Rules of Procedure of the Office
of the Ombudsman, there is no doubt that the
Ombudsman or his Deputy may preventively suspend
an officer or employee, where appropriate, as
indicated by the word “or” between the “Ombudsman”
and “his Deputy”. It is a disjunctive term signifying
disassociation and independence of one thing from
other things enumerated.
The law does not require that only the Ombudsman
himself may sign the order of suspension.
2. There is no denial of due process when they
were not given an opportunity to controvert the
evidence before the order of preventive
suspension was issued.
A preventive suspension can be decreed on an
official under investigation after charges are brought
and even before the charges are heard since the
same is not in the nature of a penalty, but merely a
preliminary step in an administrative investigation.
CAB: The fact that the said order was issued 7 days
after the complaint was filed did not constitute grave
abuse of discretion. The immediate issuance of
such order is required in order to prevent the
subject of the suspension from committing
further irregularities.
Such prompt action is moreover in consonance with
Sec. 15 of RA 6770 which exhorts the Ombudsman
to “…to give priority to complaints filed against high
ranking government officials and/or those occupying
supervisory positions, complaints involving grave
offenses as well as complaints involving large sums
of money and/or properties.”
3. Conditions required for a preventive
suspension have been complied with.
1st requisite: Evidence of guilt is strong. This rests
upon the determination of the disciplining authority
who is given discretion to decide when the evidence
of guilt is strong.
2nd requisite: Presence of any of the following
circumstances –
o The charge against such officer or
employee involves dishonesty, oppression or
gross misconduct, or neglect in the performance
of duty;
o The charges would warrant removal
from service; or
o The respondent’s continued stay in
office may prejudice the case filed against him.
CAB: all circumstances are present.
It is even immaterial that no evidence has been
adduced to prove that petitioner may influence
possible witnesses or may tamper with public
records. It is sufficient that there exists such
possibility.
4. Preventive suspension is not excessive.
Suspension for 6 mos. is within the limits prescribed
by Sec. 24 of the Ombudsman Law. The length of
the period of suspension within such limits, like the
evaluation of the strength of the evidence, lies in the
discretion of the Ombudsman.
Lapid vs. CA (2000)
Facts:
The Ombudsman issued an Order preventively
suspending Governor Lapid et al for a period of
6months pursuant to Sec24, RA6770 which was
implemented by DILG.
Later on, the Ombudsman rendered a decision in the
administrative case finding Lapid administratively
liable for misconduct with a penalty of 1year
suspension pursuant to Sec25(2) of RA6770.
Held:
1. The decision of the Office of the Ombudsman
is not immediately executory pending appeal.
It is clear under Sec27 of RA6770 and Rules of
Procedure of the Office of the Ombudsman that the
punishment imposed upon petitioner (suspension
without pay for 1year) is not among those listed as
final and unappealable.
Sec. 27 states that all provisionary orders of the
Office of the Ombudsman are immediately effective
and executory; and that any order, directive or
decision of the said Office imposing the penalty of
censure or reprimand or suspension of not more than
1 month’s salary is final and unappealable.
As such, the legal maxim “inclusion unius est
exclusion alterus” finds application. The express
mention of the things included excludes those that
are not included. The import of these statements is
that all other decisions of the Office of the
Ombudsman which impose penalties that are not
enumerated in the said sec. 27 are not final,
unappealable and immediately executory.
CAB: An appeal was timely filed which can stay the
immediate implementation of the decision – as
supported by the Rules of Procedure issued by the
Ombudsman itself which states that “In all other
cases, the decision shall become final after the
expiration of 10 days from receipt thereof by the
respondent, unless a MR or pet. for cert. shall have
been filed by him as prescribed in Sec27 of RA
6770.”
2. As to the applicability of the case Fabian vs.
Desierto
The ruling in Fabian v. Desierto invalidated Sec. 27 of
RA 6770 and any other provision of law implementing
the Act only insofar as they provide for appeals in
administrative disciplinary cases from the Office of
the Ombudsman to the SC. The only provision
affected by the Fabian ruling is the designation of the
CA as the proper forum and of Rule 43 as the proper
mode of appeal. All other matters included in said
sec. 27, including the finality of decisions, are not
affected.
3. Rule43 of ROC which allegedly mandates
immediate execution of all decisions rendered by
administrative and quasi-judicial agencies is not
applicable.
The fact that the Ombudsman Act gives the parties
the right to appeal from its decisions should generally
carry with it the stay of these decisions pending
appeal. Otherwise, the essential nature of these
judgments as being appealable would be rendered
nugatory.
There is no general legal principle that mandates that
all decisions of such agencies are immediately
executory.
The decisions of the Civil Service Commission under
the Admin. Code, and the Office of the Pres. under
the LGC, which respondents cite, are immediately
executory even pending appeal because the
pertinent laws under which the decisions were
rendered expressly mandate them to be so. Similarly,
the provision in the 1987 Admin. Code mandating
execution pending review applies specifically to
administrative decisions of the CSC involving
members of the Civil Service.
Sec. 12 of Rule 43 should therefore be interpreted as
mandating that the appeal will not stay the award,
judgment, final order or resolution unless the law
directs otherwise.
There is no basis in law for the proposition that the
provisions of the Admin. Code and the LGC on
execution pending review should be applied
suppletorily to the provisions of the Ombudsman Act
as there is nothing in the Ombudsman Act which
provides for such suppletory application.
CAB: the acts attributed to Lapid could have been the
subject of administrative disciplinary proceedings
before the Office of the Pres. under the LGC or
before the Office of the Ombudsman under the
Ombudsman Act. Considering however, that
petitioner was charged under the Ombudsman Act, it
is this law alone which should govern his case.
Hunting the Elusive G-Spot (Part4):
Doing the G-Spot Jiggly
The G Spot is not a magical button,but rather, an area
that some women enjoy having stimulated. The
following steps are written for self-exploration, but
can be modified for use with a partner.
 Relax. This should be fun, not a goal-oriented
mission.
 Use a lubricant you like.
 Masturbate in your usual way until you feel
aroused.
 Insert one or two fingers into the vagina,
crooking them up toward the belly (12 o'clock
position if you are lying on your back).
 Press firmly against the roof of the vagina
about one-third of the way in.
 You should feel a small ruffled lump that
increases in size with continued stimulation.
 Start slow: insert your fingers gently and use
soft, gentle motions at first. When you feel the G-
Spot area becoming enlarged, use more pressure.
 Remember to keep paying attention to other
parts of your body: your breasts, your clitoris ...
whatever feels good.
 As your body begins to respond positively
and you start feeling pleasure, use more pressure
and more rapid motions.
 As you continue to stimulate the G-Spot, you
may feel your vagina clench and bear down, the
signal that orgasm is imminent. Apply more
pressure to the urethral sponge, stroking and
manipulating the area around the urethral
opening.
 You may feel the urge to urinate. Don't fight
it! You are probably getting ready to ejaculate.
Relax, trust your body and your partner, and see
what happens.
(continued…)
The Courts
DanGat Notes: Sec13, RA3019 does not provide for
the length of the suspension.
It will be unconstitutional if the law be applied strictly
where the official can be suspended for the whole
duration of the case.
Possible Remedy:
- Discretion given to the courts as to the
length of the suspension
- Apply other laws (regardless of the nature of
the case)
Example:
For elective officials – apply LGC and impose
60days… (as in Rios case)
For non-elective officials – apply Civil Service or
Admin Code and impose 90days… (as in Segovia
case)
Bunye vs. Escareal (1993)
Facts:
Petitioners Municipal Mayor, Vice Mayor and
Councilors questions the resolution suspending them
from office for 90 days pending their trial for violation
of Sec3(3) of the Anti-Graft and Corrupt Practices
Act.
Held: Suspension of petitioners was proper.
Sec13 of RA3019 unequivocally provides that the
accused public official “shall be suspended from
office” while the criminal prosecution is pending in
court.
Under Gonzaga case, such suspension is mandatory.
It is not violative of the Constitution as it is not a
penalty. It is mandatory as soon as the validity of the
information is determined.
There is no merit in the contention that their
admission of the acts constituting the offense
charged against them eliminates apprehension that
they might tamper with the records.
It is not for the petitioners to say that their admissions
are all the evidence that he prosecution will need to
hold up its case against them
The prosecution must be given the opportunity to
gather and prepare the facts for trial under conditions
which would ensure non intervention and non-
interference for 90 days from petitioner’s camp
The fear that the government will be paralyzed by
their suspension is remote:
There are 8 councilors left who can meet as the
Sangguniang Bayan.
The President or his alter ego, the Secretary of
Interior and Local Government will know how to deal
with the problem of filling up the temporarily vacant
positions in accordance with the provisions of the
LGC.
Juan vs. People of the Philippines (2000)
Facts:
Barangay Chairman Juan and other barangay
kagawads were criminally charged before RTC QC
for violating the Omnibus Election Code by unlawfully
using their political campaigns properties belonging
to the barangay.
RTC issued an order directing their immediate
suspension from officer for 60days (authority under
Sec13 of RA3019).
Held:
1. RTCs have jurisdiction over violations of the
Election Code.
It is evident in Sec32 of BP129 (as amended by
RA7691) that the jurisdiction of first-level courts
(MTCs) does not cover those criminal cases which by
specific provision of law are cognizable by RTCs.
Petitioners were charged with violating Sec261(o) of
the Omnibus Election Code, and under Sec268 of
said Code, RTCs havee exclusive jurisdiction to try
and decide any criminal action or proceedings for
violation of the Code, except those relating to the
offense of failure to register or failure to vote.
Pursuant to Sec268 of the Omnibus Election Code,
election offenses fall within the exception.
2. The preventive suspension order against
petitioners is proper.
Sec13, RA3019 as amended by BP195 now covers
offenses of public officers falling under “Crimes
Committed by Public Officers” in the RPC, and with
any other form of fraud involving government funds or
property.
Cases against petitioners involve violations of the
Election Code but it must be emphasized that they
are charged with the unauthorized and unlawful use
of government property in their custody which is akin
to that committed by public officers as laid down in
RPC.
Certainly, their acts constitute fraud against the
government, thus the case is covered by Sec13 of
RA3019.
Under Sec13 of RA3019 and as enunciated in
Socrates vs. Sandiganbayan, the suspension of a
public officer is mandatory after the determination of
the validity of the information in a pre-suspension
hearing conducted for the purpose.
CAB: There was no pre-suspension hearing held to
determine the validity of the information that had
been filed against them. However, the numerous
pleadings filed for and against them have achieved
the goal of this procedure.
Right to due process is satisfied not just by an oral
hearing but by the filing and the consideration by the
court of the parties’ pleadings, memoranda and other
position papers.
Llorente, Jr. vs. Sandiganbayan (2000)
Facts:
Two informations were filed before the
Sandiganbayan, charging Municipal Mayor Llorento
for violating §§3 (e)(f) of RA3019.
Then Congress enacted RA7975:
"Sec. 4. Jurisdiction. - The Sandiganbayan shall
exercise original jurisdiction on all cases involving:
"a. Violations of Republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and
Corrupt Practices Act xxx where one or more of the
principal accused are officials occupying the
following positions in the government, whether in a
permanent, acting or interim capacity, at the time of
the commission of the offense:
"(1) Officials of the executive branch occupying
the positions of regional director and higher,
otherwise classified as grade 27 and higher, of the
Compensation and Position Classification Act of
1989 (Republic Act No. 6758) xxx
"In cases where none of the principal accused are
occupying positions corresponding to salary grade
"27" or higher, as prescribed in the said Republic
Act No. 6758 xxx exclusive jurisdiction thereof shall
be vested in the proper Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court, and
Municipal Circuit Trial Court, as the case may be,
pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129.”
Llorente moved to dismiss or transfer the cases to
RTC on the ground that RA7975 divested the
Sandiganbayan of its jurisdiction over criminal cases
against municipal mayors who receive salary less
than that corresponding to Grade27.
Held: Sandiganbayan has jurisdiction over the cases.
It is the official’s grade that determines his salary and
not the other way around. There is no merit to the
contention that the salary received by a public officer
dictates his salary grade.
An official’s grade is not a matter of proof, but a
matter of law which the court must take judicial notice
[of].
The municipal mayor has a salary grade of 27
according to:
- §444(d) of the LGC  that municipal mayor
shall receive a min monthly compensation
corresponding to SG27 as prescribed under
RA6758 and the IRR issued pursuant thereto
- 1989 & 1997 versions of the Index of
Occupational Services, Position Titles & Salary
Grades
It is subject to the jurisdiction of the Sandiganbayan.
Esquivel vs. Ombudsman (2002)
Facts:
Complaint-affidavits were filed with PNP against
Mayor Esquivel et al. After initial investigation, PNP-
CIDG forwarded the records to the Office of the
Deputy Ombudsman.
Deputy Ombudsman conducted preliminary
investigation and later issued a resolution
recommending that both Mayor Esquival and his
brother Barangay Captain Esquivel be indicted for the
crime of less serious physical injuries and Mayor
Esquivel alone for grave threats.
Separate informations were filed with
Sandiganbayan.
Held:
1. No grave abuse of discretion on the part of
the Ombudsman in direting the filing of the
informations against petitioners.
The Ombudsman is empowered to determine
whether there exists reasonable ground to believe
that a crime has been committed and that the
accused is probably guilty thereof and, thereafter, file
the corresponding information with the appropriate
courts.
The court has maintained a consistent policy of non-
interference in the determination of the Ombudsman
regarding the existence of probable cause, EXCEPT
when there is grave abuse of discretion in such
exercise by the Ombudsman.
This rule is based not only upon respect for the
investigatory and prosecutory powers granted to the
Ombudsman by the Constitution; it is also grounded
on practicality. Otherwise, innumerable petitions
seeking dismissal of investigatory proceedings
conducted by the Ombudsman will hamper the
functions of said office and the courts.
2. Sandiganbayan has jurisdiction over the
criminal cases against the Mayor and the
Barangay Captain.
Jurisprudence has already settled this question.
Municipal mayors fall under the exclusive jurisdiction
of the Sandiganbayan.
Neither can Barangay Captain Esquivel claim that
since he is not a municipal mayor, he is not
within the jurisdiction of the Snadiganbayan. It is
only in cases when "NONE of the accused are
occupying positions corresponding to salary grade
27 or higher " that exclusive jurisdiction will be
vested in the proper court.
Rios vs. Sandiganbayan, 2nd Div. (1997)
Facts:
An information was filed with the Sandiganbayan
against Mayor Rios for alleged unauthorized
disposition of confiscated lumber, in violation of the
Anti-Graft and Corrupt Practices Act.
Sandiganbayan granted Office of the Special
Prosecutor’s motion to suspend Mayor Rios (for
90days).
Held:
1. Sandiganbayan did not commit Grave Abuse
of Discretion when it ruled that the facts charged
in the information constituted a violation of
RA3019 (Anti-Graft Law)
The SC in a resolution (in the case Rios v
Sandiganbayan and the People of the Philippines)
already passed upon this issue when it held that
the act of disposing confiscated lumber without
prior authority from the DENR and the
Sandiganbayan constituted a violation of RA
3019. Hence, there was probable cause
Any act or omission not in consonance with the
prescribed norms of conduct inflicts injury to the
Government for it is a disturbance of law and
order.
The assertion that there was no undue injury is based
on the wrong assumption that the lumber belonged to
the municipality. The lumber belongs to the National
Government.
2. Also, No Grave Abuse of Discretion when
Sandiganbayan provided for the suspension of
Mayor Rios, but only for 60days and not 90days.
As the information filed against Rios is valid, there
can be no impediment to the application of
Section 13 of R.A. No. 3019 which makes it
mandatory for the Sandiganbayan to suspend any
public officer who has been validly charged with
graft and corrupt practices.
However, it is well settled that preventive
suspension should not extend beyond 60 days.
DanGat Notes :Sec63 of LGC provides that
preventive suspension can be for 90days if several
administrative cases are filed against an elective
official but only within a single year on the same
ground or grounds existing and known at the time of
the first suspension.
Segovia vs. Sandiganbayan (1999)
Facts:
Petitioners Segovia et al were criminally charged in
Sandiganbayan with infringement of Sec3(e) of
RA3019 for “causing undue injury to any party
including the Gov’t, or giving any party any
umwarranted benefits, advantage or preference in
the discharge of his official, administrative, or judicial
functions through manifest partiality, evident bad faith
or gross or negligence.”
The People filed a motion to suspend the petitioners
Sandiganbayan issued a resolution ordering the
suspension of petitioners under Sec 13 13 RA 3019 for
90 days.
Held: It is mandatory to place public officers who
stand accused before the court to be placed under
preventive suspension pursuant to Sec13 of RA3019.
It has been consistently held that it is mandatory for
the court to place under preventive suspension a
public officer accused before it. Imposition of
suspension, however, is not automatic or self-
operative.
Pre-condition: existence of valid information
determined at a pre-suspension hearing
Purpose of pre-suspension hearing: to determine the
validity of the information and furnish the court w/
basis to either suspend accused and proceed with
trial on merits or refuse suspension and dismiss
case.
Once a proper determination of validity of the
information has been made, it becomes the
ministerial duty of the court to issue the order of
preventive suspension not exceeding 90 days in
consonance w/ Civil Service Decree/Admin Code.
DOCTRINE: Under Sec 13, RA 3019, the suspension
of a public officer is mandatory after a determination
has been made of the validity of the information in a
pre-suspension hearing conducted for that purpose.
The Court’s discretion lies only during the pre-
suspension hearing where it is required to ascertain
13
SEC. 13. Suspension and Loss of Benefits. – Any incumbent public officer
against whom any criminal prosecution under a valid information under this
Act or under Title 7, Book II of the Revised Penal Code or for any offense
involving fraud upon government or public funds or property whether as a
simple or as a complex offense in whatever stage of execution and mode of
participation , is pending in court shall be suspended from office.
1. WON the accused has been accorded due
preliminary investigation prior to filing of information
2. WON the acts for which he’s charged constitute a
violation of RA 3019 or title 7, Book II of RPC
3. WON the information against him can be quashed
under any of the grounds in Sec 2 Rule 117 ROC
When the statute is clear and explicit, there is hardly
any room for court ratiocination of the law. RA 3019
unequivocally mandates the suspension of a public
official from office pending a criminal prosecution
against him. Such preventive suspension is
mandatory, and there are no ‘ifs’ and ‘butts’ about it.
Removal
Aguinaldo vs. Santos (1992)
Issue: W/N his re-election to Governor position has
rendered the administrative case pending before SC
moot and academic.
Held: YES
RULE: A public official can not be removed for
administrative misconduct committed during a prior
term, since his re-election to office operates as a
condonation of the officer's previous misconduct to
the extent of cutting off the right to remove him
therefor. It is assumed that the electorate did this with
knowledge of his life and character.
Such rule finds no application to criminal cases
pending against petitioner for acts he may have
committed during the failed coup.
The 1987 Constitution has not repealed the power of
DLG Sec to suspend or remove local government
officials as alter ego of the President.
The Sec’s power to remove is anchored on the
Constitution and a statutory grant from the
legislature:
- Constitutional basis: in Articles VII (17) and X
(4) – which vest in the President the power of
control over all executive departments, bureaus
and offices and the power of general supervision
over local governments, and by the doctrine that
the acts of the department head are
presumptively the acts of the President unless
expressly rejected by him
- The statutory grant in BP337 has
constitutional roots - having been enacted by the
Batas Pambansa pursuant to Art XI, Sec2 of
1973 Constitution which states that the National
Assembly shall... provide for the qualifications,
election and removal... of local government
officials
- a similar provision is found in Art X, Sec3 of
1987 Constitution that the Congress shall...
provide for the qualifications, election,
appointment, and removal... and all other matters
relating to the organization and
operation of the local units.
Inasmuch as the power and authority of the
legislature to enact a local government code, which
provides for the manner of removal of local
government officials, is found in the 1973 and 1987
Constitutions, then it cannot be said that BP337 was
repealed by the effectivity of the present Consitution.
Moreover, the Court had stated in the case Bagabuyo
vs. Davide that BP337 remained in force despite the
effectivity of the present Constitution, until such time
as the proposed 1991 LGC is approved. The power
of DLG Sec to remove local elective government
officials is found in Sec60 and 61 of BP337.
Pablico vs. Villpando (2002)
Facts:
An administrative complaint against Mayor Villapando
was filed with the Sangguniang Panlalawigan of
Palawan for abuse of authority and culpable violation
of Constitution - Mayor allegedly entered into a
consultancy agreement with Orlando Tiape, a losing
mayoralty candidate which amounted to an
appointment in a government position w/in the
prohibited 1 yr period under Art. IX-B Sec. 6 of
Constitution.
Sangguniang Panlalawigan found Mayor guilty and
imposed the penalty of dismissal from service.
Affirmed by the Office of the President – so Vice
Mayor Pablico became Mayor.
CA declared the decision rendered as void.
Held: Local legislative bodies and/or the Office of the
President cannot validly impose the penalty of
dismissal or removal from service on erring local
elective officials.
It is clear from Sec. 60 of LGCode that: xxx An
elective local official may be removed from office on
the grounds enumerated above by order of the
proper court.
In the case of Salalima v Guingona, the Office of the
President is without any power to remove elected
officials since such power is exclusively vested in the
proper courts as expressly provided in Sec. 60.
Under Art 24(b) IRR of LGC, it is provided that an
elective official may be removed by order of proper
court or the disciplining committee (SB, SP and OP)
whichever first acquires jurisdiction to the exclusion
of the other.
HOWEVER, it was held in Salalima that this grant to
the disciplining authority clearly beyond the power of
the oversight committee that prepared the IRR as no
IRR may alter, amend or contravene the LGCode.
Even Senator Pimentel expressed doubt as to the
validity of this rule.
There is very clear legislative intent to make the
power of removal a judicial prerogative as seen in the
Senate deliberations.
The law on suspension or removal of public officials
must be strictly construed since what is involved is
not just an ordinary public official but one chosen by
people through their right of suffrage. If there is
unrestricted authority to suspend/remove public
officials, there will be injustice and harm to public
interest.
DanGat Notes: So what does this ruling imply?
That remedies other than dismissal can be imposed
by the Disciplining Authority, and if the remedy is
removal, one must go to the courts?
What happens to the power of the President under
the Constitution (general supervision over local
government units) to remove and discipline local
officials as held in the cases of Ganzon vs. CA and
Aguinaldo vs. Mojica?
What would be the procedure to ask for the removal
of the local official with the courts?
Recall – Local Government Code
Sec69. By Whom Exercised. — The power of recall
for loss of confidence shall be exercised by the
registered voters of a local government unit to
which the local elective official subject to such
recall belongs.
Sec70. Initiation of the Recall Process. —
(a) Recall may be initiated by a preparatory
recall assembly or by the registered voters of the
local government unit to which the local elective
official subject to such recall belongs.
(b) There shall be a preparatory recall assembly
in every province, city, district, and municipality
which shall be composed of the following:
(1) Provincial level. — All mayors, vice-mayors,
and sanggunian members of the
municipalities and component cities;
(2) City level. — All punong barangay and
sanggunian barangay members in the city;
(3) Legislative District level. — In case where
sangguniang panlalawigan members are
elected by district, all elective municipal
officials in the district; and in cases where
sangguniang panlungsod members are
elected by district, all elective barangay
officials in the district; and
(4) Municipal level. — All punong barangay and
sangguniang barangay members in the
municipality.
(c) A majority of all the preparatory recall
assembly members may convene in session in a
public place and initiate a recall proceedings
against any elective official in the local government
unit concerned. Recall of provincial, city, or
municipal officials shall be validly initiated through a
resolution adopted by a majority of all the members
of the preparatory recall assembly concerned
during its session called for the purpose.
(d) Recall of any elective provincial, city,
municipal, or barangay official may also be validly
initiated upon petition of at least twenty-five percent
(25%) of the total number of registered voters in the
local government unit concerned during the
election in which the local official sought to be
recalled was elected.
(1) A written petition for recall duly signed before
the election registrar or his representative,
and in the presence of a representative of the
petitioner and a representative of the official
sought to be recalled and, and in a public
place in the province, city, municipality, or
barangay, as the case may be, shall be filed
with the COMELEC through its office in the
local government unit concerned. The
COMELEC or its duly authorized
representative shall cause the publication of
the petition in a public and conspicuous place
for a period of not less than ten (10) days nor
more than twenty (20) days, for the purpose
of verifying the authenticity and genuineness
of the petition and the required percentage of
voters.
(2) Upon the lapse of the aforesaid period, the
COMELEC or its duly authorized
representative shall announce the
acceptance of candidates to the position and
thereafter prepare the list of candidates
which shall include the name of the official
sought to be recalled.
Sec71. Election on Recall. — Upon the filing of a
valid resolution or petition for recall with the
appropriate local office of the COMELEC, the
Commission or its duly authorized representative
shall set the date of the election on recall, which
shall not be later than thirty (30) days after the filing
of the resolution or petition for recall in the case of
the barangay, city, or municipal officials. and forty-
five (45) days in the case of provincial officials. The
official or officials sought to be recalled shall
automatically be considered as duly registered
candidate or candidates to the pertinent positions
and, like other candidates, shall be entitled to be
voted upon.
Sec72. Effectivity of Recall. — The recall of an
elective local official shall be effective only upon the
election and proclamation of a successor in the
person of the candidate receiving the highest
number of votes cast during the election on recall.
Should the official sought to be recalled receive the
highest number of votes, confidence in him is
thereby affirmed, and he shall continue in office.
Sec73. Prohibition from Resignation. — The
elective local official sought to be recalled shall not
be allowed to resign while the recall process is in
progress.
Sec74. Limitations on Recall. —
(a) Any elective local official may be the subject
of a recall election only once during his term of
office for loss of confidence.
(b) No recall shall take place within one (1) year
from the date of the official's assumption to office or
one (1) year immediately preceding a regular local
election.
Sec75. Expenses Incident to Recall Elections. —
All expenses incident to recall elections shall be
borne by the COMELEC. For this purpose, there
shall be included in the annual General
Appropriations Act a contingency fund at the
disposal of the COMELEC for the conduct of recall
elections.
I. Concept of Recall
It is a mode of removal of a public officer by the
people before the end of his term of office.
People’s prerogative to remove a public officer is an
incident of their sovereign power and in the absence
of constitutional restraint, the power is implied in all
governmental operations. It has been held to be
indispensable for the proper administration of public
affairs. It is frequently described as a fundamental
right of the people in a representative democracy.
II. History of Recall in the
Philippines
It made its maiden appearance in the 1973
Constitution as mandated in Sec2, ArtXI entitled
Local Government where the Batasang Pambansa
shall enact a LGC xxx with an effective system of
recall xxx
Batasang Pambansa enacted BP337 “LGC of 1983”
where Sec54(Chapter3) provided only one mode of
initiating the recall elections of local elective officials
– by petition of at least 25% of the total number of
registered voters in the LGU concerned.
No instance in legal history where the power of recall
was exercised by the people.
Filipinos more than exercised their right of recall for
they resorted to revolution and booted out of office
the highest elective officials of the land. This led to its
firm institutionalization in the 1987Constitution.
ArtXIII expressly recognized the Role and Rights of
People’s Organization, particularly in Secs15 and 16.
Sec3 of ArtX also reiterated mandate for Congress to
enact a LGC which “shall provide for a more
responsive and accountable local government
structure instituted through a system of
decentralization with effective mechanisms of recall,
initiative and referendum xxx.”
Congress enacted RA7160 (LGC of 1991) where it
provided for a second mode of initiating the recall
process through a preparatory recall assembly which
in the provincial level is composed of all mayors,
vice-mayors and sanggunian members of the
municipalities and component cities. See Secs69-74,
LGC.
The legislative history of the present recall provisions
will reveal that the idea of empowering a preparatory
recall assembly to initiate the recall from office of
local elective officials originated from House of Reps
and not the Senate.
It was adopted for 2 principal reasons:
(1) to diminish the difficulty of initiating recall thru
the direct action of the people; and
(2) to cut down on its expenses
They took note of undesirable fact that mechanism of
initiating recall by direct action of electorate was
utilized only once in Angeles City, Pampanga, but
even this failed – Direct action being too
cumbersome, too expensive and almost impossible
to implement so the second more thru a PRA was
added, and brushed aside the argument that the 2 nd
mode may cause instability in the LGUs due to its
imagined ease.
Garcia vs. COMELEC (1993)
Evardone vs. COMELEC (1991)
Facts:
Evardone was elected mayor during the 1988 local
elections.
Apelado et al then filed a petition for the recall of
Mayor Evardone with the office of the local Election
Registrar. Pursuant to the rules under
Resolution2272 (embodies rules and regulations on
the recall of elective provincial, city, and municipal
officials), COMELEC issued Resolution90-0557
approving recommendation to hold signing of petition
for recall on July14.
SC issued TRO on July12 which was received only
on July15 by the field agent – a day after completion
of signing process.
COMELEC nullified signing process.
Held:
1. Resolution2272 is constitutional contrary to
assertion that the 1987 Constitution has repealed
BP337 and there was no LGC at the time as
basis for the promulgation of said resolution.
ART XVIII, Section 3 of the 1987 Constitution
provides that all existing laws not inconsistent with
the Constitution shall remain operative until
amended, repealed, or revoked. On the other hand,
the Local Government Code of 1991 will take effect
only on January 1, 1992. Hence BP Blg. 337 is still
the law applicable to the present case.
In the Constitutional Commission proceedings, the
effectivity of BP 337 was expressly recognized prior
to the enactment of a new Local Government Code.
Chapter3 of BP337 provides for recall of local
elective officials. Sec59 expressly authorizes
COMELEC to conduct and supervise the process of
and election on recall and in the exercise of such
powers, promulgate necessary rules and regulations.
Election Code contains no special provision on the
manner of conducting elections of the recall of local
officials. Any such election shall be conducted in the
manner and under the rules on special elections,
unless otherwise provided by law or rule of the
COMELEC.
Thus, pursuant to the rule-making power vested in
COMELEC, it promulgated Resolution No. 2272 in
1990.
2. The TRO issued by SC did not render
nugatory the signing process of the petition for
recall.
SC had issued a TRO on July12 but signing of
petition for recall took place just the same on
scheduled date through no fault of COMELEC and
Apelado et al. Signing process was undertaken by
constituents of Sulat Municipality and its Election
Registrar in good faith and without knowledge of the
TRO earlier issued.
As attested by Election Registrar, about 34% signed
the petition for recall, and there is no turning back the
clock (Paredes vs. Exec Sec.)
WON the electorate of Sulat Municipality has lost
confidence in the incumbent mayor is a political
question – belonging to the realm of politics where
only the people who are the judge.
“Loss of confidence is the formal withdrawal by an
electorate of their trust in a person’s ability to
discharge his office previously bestowed on him by
the same electorate.”
CAB: Constituents have made a judgment and their
will to recall Evardone (as mayor) has already been
ascertained and must be afforded the highest
respect.
The signing process is valid and has legal effect.
HOWEVER, recall is no longer possible because of
the limitation provided in Sec55(2) of BP33 – no
recall within 2years from date of official’s assumption
of office or 1year immediately preceding a regular
local election.
Constitution has mandated a synchronized national
and local election on May 1992. To hold an election
on recall approximately 7months before the regular
local election will be violative of BP337.
Garcia vs. COMELEC (1993)
Facts:
July1993, some mayors, vice-mayors and members
of the Sangguniang Bayan of 12 municipalities of
Bataan province met and constituted themselves into
a Preparatory Recall Assembly (PRA) in the Bagac
town plaza to initiate the recall election of Governor
Garcia (elected governor of Bataan in May, 1992
elections) for “loss of confidence”.
COMELEC scheduled recall elections.
Governor Garcia asserts the unconstitutionality of
Sec70, LGC.
SC Resolution:
The requirement of notice is mandatory for it
is indispensable in determining the collective
wisdom of the members of PRA. Its non-
observance is fatal to the validity of the
resolution to recall Garcia as Governor of
Bataan.
The due process clause of the Consti requiring
notice as an element of fairness is inviolable and
should always be considered as part and parcel
of every law in case of its silence.
Need for notice to all members of PRA is also
imperative for these members represent the
different sectors of the electorate.
Resolution to recall should articulate the majority
will of the members of the assembly but the
majority will can be genuinely determined only
after all the members have been given a fair
opportunity to express the will of their
constituents
In accord with the SC Resolution, Notice of Session
was again sent to the members of PRAC.
Garcia asserts that Sec70, LGC is unconstitutional.
Held: Sec70 of LGC is constitutional.
The presumption of validity rests on the respect due
to the wisdom, integrity, and the patriotism of the
legislative, by which the law is passed, and the Chief
Executive, by whom the law is approved.
Garcia et al do not point to any constitutional
provision that will sustain their contention – for surely,
there is nothing in there that will remotely suggest
that the people have the “sole and exclusive right to
decide on whether to initiate a recall proceeding.”
1. Consti did not provide for any mode of
initiating recall elections.
2. It did not prohibit the adoption of multiple
modes of initiating recall elections.
3. Mandate given by Sec3 of ArtX of Consti is
for Congress to “enact a LGC which shall provide
for a more responsive and accountable local
government structure through a system of
decentralization with effective mechanisms of
recall, initiative, and referendum xxx”
- Congress was clearly given the power to
choose the effective mechanisms of recall as
its discernment dictates
- Power given was to select which among the
means and methods of initiating recall
elections are effective to carry out the
judgment of the electorate, and it was not
straightjacketed to one particular mechanism
of initiating recall elections.
- Consti requires only that the mechanisms
chosen (one or many) be effective.
- Congress deemed it wise to enact the
alternative mode to supplement the former
mode by direct action, and the Court cannot
supplant this judgment by Congress in
respect of the principle of separation of
powers.
- Choice may be erroneous but the remedy
against a bad law is to seek its amendment
or repeal by the legislative.
Initiation by the PRAC is also initiation by the people,
albeit done indirectly through their representatives 
this act by the people through their elected
representatives is not constitutionally impermissible
as seen in the task of drafting the Constitution which
is delegated to their representatives (either by
constitutional convention or as a congressional
constituent assembly).
Initiation of recall process is a lesser act and there is
no rhyme or reason why it cannot be entrusted to and
exercised by the elected representatives of the
people.
PRA resolution of recall is not the recall itself.
The PRA resolution merely starts the process – only
a part of the process, and not the whole.
This is self-evident because a PRA resolution of
recall that is not submitted to the COMELEC for
validation will not recall its subject officials.
Likewise, a PRA resolution of recall that is rejected by
the people in the election called for the purpose
bears no effect whatsoever.
The initiatory resolution merely sets the stage for the
official concerned to appear before the tribunal of the
people so he can justify why he should be allowed to
continue in office.
Before the people render their sovereign judgment,
the official concerned remains in office but his right to
continue in office is subject to question.
 This is clear in Sec72, LGC which explicitly states
that “the recall of an elective local official shall be
effective only upon the election and proclamation of a
successor in the person of the candidate receiving
the highest number of votes cast during the election
on recall.”
The fear expressed is that the members of PRAC
may inject political color in their decision as they may
initiate recall proceedings only against their political
opponents especially those belonging to the minority.
Careful reading of the law will show that it does not
give an asymmetrical treatment to locally elected
officials belonging to the political minority.
1. The politically neutral composition of the PRA
under Sec70(b) where all mayors, v-m, sangg
members of munic and component cities are
made members of the PRA at the provincial level
- its membership is not apportioned to political
parties – no significance is given to the
political affiliation of its members
2. PRA at the provincial level includes all the
elected officials in the province concerned
- considering their number, the greater probability
is that no one political party can control its
majority
3. Sec69, LGC provides that the only ground to
recall is loss of confidence of the people
- The members of PRAC are there not in
representation of their political parties but as
reps of the peoples.
- By necessary implication, loss of confidence
cannot be premised on mere differences in
political party affiliation
- Consti even encourages multi-party system
to nurture the democratic system
 Fear that a PRA may be dominated by a political
party and that it may use its power to initiate the
recall of officials of opposite political persuasions is
not a ground to strike down the law as
unconstitutional.
 Moreover, law instituted safeguards to assure that
the initiation of the recall process by a PRA will not be
corrupted by extraneous influences. Its diverse and
distinct composition guarantees that all the sectors of
the electorate province shall be heard. Following are
required for the validity of resolution.
- notice to all members is a condition sine qua
non to the validity of its proceedings
- Law also requires a qualified majority of all
the PRA members to convene in session and in a
public place
- Also, the recall resolution by majority must be
adopted during its session called for the purpose
 Furthermore, it cannot be claimed that the PRA
members voted along narrow political lines.
- Neither COMELEC nor SC made a judicial
inquiry as to the reason that led the members of
the said recall assembly to cast a vote against
Garcia
- Pimentel in his book stressed that the
substantive content of a vote of lack of
 confidence is beyond any inquiry – a political
question (as held in Evardone vs COMELEC)
The proposal will still be passed upon by the
sovereign electorate of Bataan – yet to be expressed.
It is premature to conclude that the will has been
subverted.
If electorate re-elects him, the proposal to recall is
rejected. If they do not, then he has lost the
confidence of the people which he once enjoyed
Conclusion: The alternative mode of initiating recall
proceedings thru a PRA is an innovative attempt by
Congress to remove impediments to the effective
exercise by the people of their sovereign power to
check the performance of their elected officials. The
power to determine this mode was specifically given
to Congress and is not proscribed by the
Constitution.
Paras vs. COMELEC (1996)
Facts:
Petition for recall of Paras as Punong Barangay
(elected last 1994 regular barangay elections) was
filed by the registered voters of the barangay.
COMELEC approved the petition and scheduled the
petition signing on October14, 1995 and set the recall
election on Nov13, 1995.
At least 29.30% of registered voters signed the
petition (above the required 25%).
Paras opposed so recall election was deferred by
COMELEC to Dec16, 1995.
COMELEC rescheduled recall election on Jan13,
1996.
Held: There can still be a recall election even with
the 4months that separate the recall election from the
upcoming SK elections.
Evident intent of Sec74 of LGC14 is to subject an
elective local official to recall election once during his
term of office.
Paragraph (b) construed together with paragraph (a)
merely designates the period when such elective
official may be subject of a recall election, that is,
during the 2nd year of his term of office.
Thus, subscribing to Paras’ interpretation of the
phrase regular local election to include the SK
election will unduly circumscribe the novel provision
of the LGC on recall, a mode of removal of public
officers by initiation of the people before the end of
his term.
14
Sec74: Limitations on Recall –
(a) Any elective official may be the subject of a recall election only once during his
term of office for loss of confidence.
(b) No recall shall take place within 1year from the date of the official’s
assumption to office or 1year immediately preceding a regular local election.
 If the SK election were to be deemed within the
purview of the phrase “regular local election” (to be
held every 3years from May1996), then no recall
election can be conducted rendering inutile the recall
provision of the LGC.
It is a basic precept of stat con that a statute should
be interpreted in harmony with the Constitution.
Interpretation of Sec74(b), LGC should not be in
conflict with Consti mandate of Sec3, ArtX to “enact a
LGC which shall provide for a more responsive and
accountable local gov structure instituted through a
system of decentralization with effective mechanisms
of recall, initiative, and referendum xxx”
Rrecall election is potentially disruptive of the normal
working of the LGU necessitating additional
expenses, hence the prohibition against the conduct
of recall election 1year immediately preceding the
regular local election.
The proscription is due to the proximity of the next
regular election for the office of the local elective
official concerned.
Electorate could choose the official’s replacement in
the said election who certainly has a longer tenure in
office than a successor elected through a recall
election.
Therefore, it would be more in keeping with the
intent of the recall provision of the Code to construe
regular local election as one referring to an election
where the office held by the local elective official
sought to be recalled will be contested and be filled
by the electorate.
However, recall is no longer possible in CAB because
of the limitation under Sec74(b) – the next regular
election involving the barangay office concerned is
barely 7months away (scheduled on May1997).
CONCURRING: Davide
SK election is not a regular local election for
purposes of recall under Sec74, LGC.
The term “regular local election” must be confined to
the regular election of local elective officials 15, as
distinguished from the regular election of national
officials (President, VP, Senators and Congressmen).
The officials enumerated under footnote are the only
local elective officials deemed recognized by Sec2(2)
of ArtIX-C of Constitution (COMELEC’s power and
exclusive original jurisdiction over all contests relating
to elections, returns, and qualifications of all elective
regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective
municipal officials decided by RTCs of general
jurisdiction, or involving elective barangay officials
decided by trial courts of limited jurisdiction).
15
(Prov. Gov, Vice-Gov, Mayors, Vice-Mayors, members of Sanggunians, punong
barangays and members of sangguniang barangays, and elective regional
officials of autonomous regions)
A regular election (local or national) can only refer to
an election participated in by those who possess the
right of suffrage, are not otherwise disqualified by
law, and who are registered voters.
One of the requirements for exercise of suffrage
under Sec1, ArtV of Consti is that the person must be
at least 18years of age, and one requisite before he
can vote is that he be a registered voter pursuant to
the rules on registration prescribed in the Omnibus
Election Code (Sec113-118)
Under the law, SK includes the youth with ages
ranging from 15-21 (Sec424, LGC). Accordingly, they
include many who are not qualified to vote in a
regular election – those from ages 15 to less than 18.
In no manner then may SK elections be considered a
regular election.
SK is nothing more than a youth organization.
Although fully recognized in LGC and vested with
certain powers and functions, its elective officials
have not attained the status of local elective officials.
Angobung vs. COMELEC (1997)
Facts:
De Alban filed with the Local Election Registrar a
Petition for Recall against Angobung (elected Mayor
in 1995), who received a copy of this petition.
Subsequently said petition was forwarded to the
Regional Office and then to the main office of
COMELEC for approval.
Acting on the petition, Deputy Executive Director for
Operations Joson submitted to the COMELEC En
Banc, a Memorandum recommending approval of the
petition for recall (note: recall petition was signed only
by 1 registered voter-respondent De Alban) and its
signing by other qualified voters in order to garner at
least 25% of the total number of registered voters as
required by Section 69(d) of 1991 LGC. COMELEC
en banc issued the assailed resolution approving
recall petition and set further signing of registered
voters.
Held:
1. COMELEC Resolution is not violative of the
1year ban for being scheduled within 1year from
1997 Barangay Elections.
In construing the meaning of the term, "regular local
election" in Section 74 of the Local Government Code
of 1991 which provides that "no recall shall take place
within one (1) year . . . immediately preceding a
regular local election," SC ruled in PARAS v
COMELEC, that for the time bar to apply, the
approaching regular local election must be one where
the position of the official to be recalled, is to be
actually contested and filled by the electorate.
2. The COMELEC Resolution approving the
Petition for Recall signed by just one person is
invalid for failure to comply with the statutory 25%
minimum.
In Sanchez and Evardone, the COMELEC-prescribed
procedure of (1) allowing the recall petition to be filed
by at least one person or by less than 25% of the
total number of registered voters and then (2) inviting
voters to sign said petition on a date set for that
purpose, was never put to issue.
Section 69 (d) of 1991 LGC is plain and unequivocal
as to what initiates recall proceedings: only a petition
of at least 25% of the total number of registered
voters, may validly initiate recall proceedings. This is
understandable, since the signing of the petition is
statutorily required to be undertaken "before the
election registrar or his representative, and in the
presence of a representative of the official sought to
be recalled, and in a public place in the . . .
municipality . . ." Hence, while the initiatory recall
petition may not yet contain the signatures of at least
25% of the total number of registered voters, the
petition must contain the names of at least 25% of
the total number of registered voters in whose behalf
only one person may sign the petition in the
meantime.
Our legislators did not peg the voter requirement at
25% out of caprice or in a vacuum. While recall was
intended to be an effective and speedy remedy to
remove an official who is not giving satisfaction to the
electorate regardless of whether or not he is
discharging his full duty to the best of his ability and
as his conscience dictates, it is a power granted to
the people who, in concert, desire to change their
leaders for reasons only they, as a collective, can
justify.
Malonzo vs. COMELEC (1997)
Facts:
PRA Resolution expressing loss of confidence in
Mayor Malonzo and calling for initiation of recall
proceedings against him was filed with COMELEC.
Malonzo filed a Petition with the respondent
Commission alleging, principally, that the recall
process was deficient in form and substance, and
therefore, illegally initiated.
The COMELEC found the petition devoid of merit and
declared the recall proceedings to be in order.
Held:
1. COMELEC had conducted an investigation
on the notices contrary to Solicitor General’s
claim.
The matter of validity of notices to the members of
the Preparatory Recall Assembly was sufficiently
considered by the respondent Commission.
In response to petitioner's request for a technical
examination of the recall documents, the COMELEC
directed its Election Records and Statistics
Department (ERSD) to resolve the matter of notices
sent to the Preparatory Recall Assembly members.
The ERSD in turn performed its task and reported its
findings to the COMELEC.
Needless to state, the issue of propriety of the
notices sent to the PRA members is factual in nature,
and the determination of the same is therefore a
function of the COMELEC. In the absence of patent
error, or serious inconsistencies in the findings, the
Court should not disturb the same. The factual
findings of the COMELEC, based on its own
assessments and duly supported by gathered
evidence, are conclusive upon the court, more so, in
the absence of a substantiated attack on the validity
of the same.
Moreover, to order the COMELEC to repeat the
process of determining the notices' propriety would
be sanctioning a recycling of administrative functions,
entailing added cost and waste of effort.
2. It is not the Liga ng mga Barangay which
initiated the recall and convened as the PRA.
The Liga ng mga Barangay is undoubtedly an entity
distinct from the Preparatory Recall Assembly. It just
so happens that the personalities representing the
barangays in the Liga are the very members of the
Preparatory Recall Assembly, the majority of whom
met and voted in favor of the resolution calling for the
recall of Mayor Malonzo, after deliberation reported,
in the record in accordance with the existing law.
Thus, the Punong Barangays and Sangguniang
Barangay members conveyed and voted as members
of the Preparatory Recall Assembly of the City of
Caloocan, and not as members of the Liga ng mga
Barangay. The recall proceedings, therefore, cannot
be denied merit on this ground.
The charges of graft and corruption, violence and
irregularities, before and during the session of the
preparatory recall assembly are largely
uncorroborated, and cannot override the
substantiated findings of the respondent COMELEC.
Jariol vs. COMELEC (1997)
Facts:
COMELEC issued Resolution No 2879 which
adopted the calendar of activities for the recall
election of the mayor, vice-mayor and 6 members of
the Sangguniang Bayan of Basilisa.
Petitioners filed present action assailing the
COMELEC Resolution. They claim that the recall
election is scheduled within 1year immediately
preceding a regular election of barangay officials.
Held: COMELEC did not commit Grave Abuse of
Discretion.
Petitioners failed to exhaust administrative remedies.
Petitioners should have 1st moved for reconsideration
before filing the special civil action for certiorari under
Rule 65 ROC.
COMELEC performed a purely administrative
function when it promulgated the resolution. A party
aggrieved thereby must not merely initiate the
prescribed administrative procedure to obtain relief,
but must also pursue it to its appropriate conclusion
before seeking judicial intervention. This is to give
the administrative agency the opportunity to decide
the matter by itself correctly and prevent unnecessary
and premature resort to the court.
COMELEC cannot be said to have acted with GAD
when it issued the decision relying on the Report of
its Municipal Election Officer.
The scheduled barangay election on May 12 1997 is
not the regular election contemplated in Sec 74(b) of
the LGC whose conduct is the basis for computing
the 1-yr. prohibited period.
“Regular local election” means the election
where the office held by the local elective official
sought to be recalled could be contested and be
filled by the electorate.
Election on May 12, 1997 is the election for barangay
officials. The 1 year prohibitive period should be
counted from the date of election for mayor, v-mayor
and SB members which are the positions held by the
petitioners.
Claudio vs. COMELEC; PRA vs. COMELEC (2000)
FACTS:
May 1999 - Chairs of several barangays in Pasay
gathered to discuss the possibility of filing a petition
for recall against Mayor Claudio for loss of
confidence.
Ad hoc committee was formed for the purpose of
convening the PRA. Advincula was designated as
chair.
May 29 – members of the PRA adopted Resolution
No. 01 which provides for the initiation of recall
proceedings against Mayor Claudio.
July 2 – petition for recall filed with COMELEC. It was
opposed.
COMELEC granted petition for recall.
Held:
1. The word “recall” in Sec74(b) of LGC does
not include the convening of the PRA and the
filing of the recall resolution.
The term “recall” as used in Sec 74 LGC refers to the
election itself by means of which voters decide
whether they should retain their local official or elect
his replacement.
a. Since the power vested on the
electorate is not the power to initiate recall
proceedings but the power to elect an official into
office, the limitations in Sec 74 cannot be
deemed to apply to the entire recall proceedings.
There is therefore no legal limit on the no. of
times such PRAs may be held. These are merely
preliminary steps for the purpose of initiating a
recall. It is not the recall itself.
If these preliminary steps do not produce a
decision by the electorate, then the prohibition in
Sec 74 does not apply.
b. The purpose of the limitation that no
recall shall take place within 1 yr. from the date of
assumption of office is to provide a reasonable
basis for judging the performance of an elective
local official.
As long as the election is held outside the 1 yr
period, the preliminary proceedings to initiate
recall can be held even before said period ends.
c. To construe that the term “recall”
includes the convening of the PRA would be to
unduly restrict the constitutional right of free
speech and assembly of its members. The
people cannot be asked to decide on the
performance of their officials on the day of the
election itself.
As the recall election is set on April 15, there is no
bar to its being held on that date.
Justice Puno’s dissent –
1. purpose of the 1yr. period in par (b) is to
provide the local official concerned a period of
repose during which his attention should not be
distracted by any impediment.
Majority – The law cannot provide for a period of
honeymoon or moratorium in politics.
2. judgments of PRAs are not as politically
unassailable as recalls initiated directly by the
people.
Majority – it is no disparagement of the PRA that in
the ensuing election the local official whose recall is
sought is actually reelected.
- the question here is not whether recalls initiated by
25% of the voters are better.
2. The phrase “regular local election” in
Sec74(b) does not include the election period for
that regular election.
The law is unambiguous that no recall shall take
place within 1 yr. immediately preceding a regular
local election.
Had Congress intended this limitation to refer to the
campaign period, it could have expressly said so.
To uphold Petitioner’s interpretation would be to
severely limit and decrease the period during which a
recall election may be held from 9 months and 15
days to 8 months.
3. The Recall Resolution was signed by a
majority of the PRA and was duly verified.
Claim is being raised for the 1 st time. Although the
word attendance appears at the top of the page, it is
apparent that it was written by mistake because it
was crossed out by 2 parallel lines. It is absurd to
believe that the 74 members of the PRA who signed
the recall resolution signified their attendance twice.
J. PUNO dissent:
To allow early recall initiative is to encourage
divisive, expensive, wasteful politics.
The reasoning of the majority is based on the
misleading perception that the only participation of
the people in recall is on election day when they cast
their votes. But their role is not so limited as they
participate in the initiation of the recall process.
Initiation by the PRA is also initiation by the people
albeit done indirectly through their representatives.
It does not follow that during the 1-yr waiting period,
the people’s freedom of speech and assembly are
suspended. These rights are in no way restricted
during said period.
The limitations in Sec 74 should be strictly followed
considering the short 3-yr term of office of local
officials. The majority decision failed to recognize the
need for stability of a public office.
J. KAPUNAN dissent and separate opinion:
Recall is a process which begins once the PRA
makes its 1st affirmative act towards the recall of the
elective local official. The Garcia case cited by the
majority even describes recall as a process.
Since our form of govt. is a representative
democracy, it cannot be claimed that the initiation of
the recall process by the PRA is not an initiation by
the people.
Senator Pimentel, the main author of the LGC, used
the phrase “move to recall” in his book which
connotes a progressive course of action or a step-by-
step process.
An exercise of the right to peaceably assemble and
exchange views about the governance of local
officials does not violate the proscription in Sec 74
Afiado vs. COMELEC (2000)
Facts:
Election and proclamation of Miranda as Mayor of
Santiago City was annulled so duly-elected Vice-
Mayor Navarro became the new Mayor by virtue of
the law of succession.
PRA was constituted. It then passed and adopted
PRA Resolution No.1 for the recall of Vice-Mayor
Navarro.
Held: An elective official who became city mayor by
legal succession cannot be the subject of a recall
election by virtue of a PRA Resolution adopted when
the elective official was still vice-mayor.
The assumption by legal succession of Navarro
as the new mayor is a supervening event which
rendered the recall proceeding against her moot
and academic.
The person subject of the recall process is a
specific elective official in relation to her specific
office. The said resolution is replete with statements,
which leave no doubt that the purpose of the
assembly was to recall Navarro as VM for her official
acts as VM.
o Title suggests that the recall is
intended for the incumbent VM.
o The 3rd para. Recounted “the official
acts of VM Navarro that brought forth the loss of
confidence in her capacity and fitness to
discharge the duties and to perform the functions
of her public office.”
o Because of such acts, the assembly
“RESOLVED to invoke the rescission of the
electoral mandate of the incumbent VM.”
The intent of the PRA as expressed in the resolution
is to remove Navarro as VM for they already lost their
confidence in her by reason of her official acts as
such.
To recall then, Navarro when she is already the
incumbent mayor is to deviate from the
expressed will of the PRA. She had already
vacated the office of VM. Having thus succeeded to
the position of mayor, Navarro was placed
beyond the reach of the effects of the PRA
resolution.
Even if the PRA were to reconvene to adopt another
resolution for the recall of Navarro as mayor, the
same would still not prosper in view of Sec. 74 (b):
No recall shall take place within 1 year from the date
of the official’s assumption to office or 1 year
immediately preceding a regular local election.
There is no more allowable time within which to hold
recall elections. Navarro assumed office on Oct.
1999. One year after her assumption of office as
mayor will be Oct. 2000 which is already within the 1-
year prohibited period immediately preceding the
next regular election in May 2001.
DanGat Notes: If absence of mayor is only by virtue
of a temporary vacancy, resolution of PRA may still
be valid since the Acting Mayor would still be Vice-
Mayor after resumption of office of the Mayor.
Hunting the Elusive G-Spot (Part5):
Many women find G-Spot stimulation easier and
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all fours. Women don't usually enjoy penetration
until they are somewhat aroused. Engage in
whatever foreplay you find arousing: touching,
kissing, stroking, oral sex, talking ... whatever works
for you. G-Spot stimulation should come at the
middle or the end of your sexual play, not at the
beginning. Use lubrication when you're ready for
digital penetration, even if your body is already
producing natural lubrication, which can often run
dry at an inopportune moment. You might also
consider purchasing one of the many sex toys
designed specifically for G-Spot stimulation.
That's all there is to it. No magic. Some women can
have an orgasm from G-Spot stimulation alone. Some
say it increases the strength of their orgasms or
allows them to be multi-orgasmic. A few even say
that stimulation leads to ejaculation. Others actively
dislike stimulation of the area. Experiment and see
what feels good to you or your partner. Most of all,
have fun. And don't forget -- if you enjoy G-Spot
stimulation, be sure to teach your partner how to find
it and what to do with it! (end)
Human Resources Development – LGC
Sec76. Organizational Structure and Staffing
Pattern. — Every local government unit shall
design and implement its own organizational
structure and staffing pattern taking into
consideration its service requirements and financial
capability, subject to the minimum standards and
guidelines prescribed by the Civil Service
Commission.
Sec77. Responsibility for Human Resources and
Development. — The chief executive of every
local government unit shall be responsible for
human resources and development in his unit and
shall take all personnel actions in accordance with
the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon,
including such policies, guidelines and standards
as the Civil Service Commission may establish:
Provided, That the local chief executive may
employ emergency or casual employees or
laborers paid on a daily wage or piecework basis
and hired through job orders for local projects
authorized by the sanggunian concerned, without
need of approval or attestation by the Civil Service
Commission: Provided, further, That the period of
employment of emergency or casual laborers as
provided in this Section shall not exceed six (6)
months.
 The Joint Commission on Local Government
Personnel Administration organized pursuant to
Presidential Decree Numbered Eleven Hundred
thirty-six (P.D. No. 1136) is hereby abolished and its
personnel, records, equipment and other assets
transferred to the appropriate office in the Civil
Service Commission.
Sec78. Civil Service Law, Rules and Regulations,
and Other Related Issuances. — All matters
pertinent to human resources and development in
local government units shall be governed by the
civil service law and such rules and regulations and
other issuances promulgated pursuant thereto,
unless otherwise specified in this Code.
Sec79. Limitation to Appointments. — No person
shall be appointed in the career service of the local
government if he is related within the fourth civil
degree of consanguinity or affinity to the appointing
or recommending authority.
Sec80. Public Notice of Vacancy; Personnel
Selection Board.
(a) Whenever a local executive decides to fill a
vacant career position, there shall be posted
notices of the vacancy in at least three (3)
conspicuous public places in the local government
unit concerned for a period of not less than fifteen
(15) days.
(b) There shall be established in every province,
city or municipality a personnel selection board to
assist the local chief executive in the judicious and
objective selection or personnel for employment as
well as for promotion, and in the formulation of
such policies as would contribute to employee
welfare.
(c) The personnel selection board shall be
headed by the local chief executive, and its
members shall be determined by resolution of the
sanggunian concerned. A representative of the Civil
Service Commission, if any, and the personnel
officer of the local government unit concerned shall
be ex officio members of the board.
Sec81. Compensation of Local Officials and
Employees. — The compensation of local officials
and personnel shall be determined by the
sanggunian concerned: Provided, That the
increase in compensation of elective local officials
shall take effect only after the terms of office of
those approving such increase shall have expired:
Provided, further, That the increase in
compensation of the appointive officials and
employees shall take effect as provided in the
ordinance authorizing such increase: Provided,
however, That said increases shall not exceed the
limitations on budgetary allocations for personal
services provided under Title Five, Book II of this
Code: Provided, finally, That such compensation
may be based upon the pertinent provisions of R.A.
No 6758, otherwise known as the "Compensation
and Position Classification Act of 1989".
The punong barangay, the sangguniang barangay
member, the sangguniang kabataan chairman, the
barangay treasurer, and the barangay secretary
shall be entitled to such compensation, allowances,
emoluments, and such other privileges as provided
under Title One Book III of this Code.
Elective local officials shall be entitled to the same
leave privileges as those enjoyed by appointive
local officials, including the cumulation and
commutation thereof.
Sec82. Resignation of Elective Local Officials. —
(a) Resignations by elective local officials shall be
deemed effective only upon acceptance by the
following authorities:
(1) The President, in the case of governors, vice-
governors, and mayors and vice-mayors of
highly urbanized cities and independent
component cities;
(2) The governor, in the case of municipal
mayors, municipal vice-mayors, city mayors
and city vice-mayors of component cities;
(3) The sanggunian concerned, in the case of
sanggunian members; and
(4) The city or municipal mayor, in the case of
barangay officials.
(b) Copies of the resignation letters of elective
local officials, together with the action taken by the
aforesaid authorities, shall be furnished the
Department of the Interior and Local Government.
(c) The resignation shall be deemed accepted if
not acted upon by the authority concerned within
fifteen (15) days from receipt thereof.
(d) Irrevocable resignations by sanggunian
members shall be deemed accepted upon
presentation before an open session of the
sanggunian concerned and duly entered in its
records: Provided, however, That this subsection
does not apply to sanggunian members who are
subject to recall elections or to cases where
existing laws prescribed the manner of acting upon
such resignations.
Sec83. Grievance Procedure. — In every local
government unit, the local chief executive shall
establish a procedure to inquire into, act upon,
resolve or settle complaints and grievances
presented by local government employees.
Sec84. Administrative Discipline. — Investigation
and adjudication of administrative complaints
against appointive local officials and employees as
well as their suspension and removal shall be in
accordance with the civil service law and rules and
other pertinent laws. The results of such
administrative investigations shall be reported to
the Civil Service Commission.

Sec85. Preventive Suspension of Appointive
Local Officials and Employees. —
(a) The local chief executives may preventively
suspend for a period not exceeding sixty (60) days
and subordinate official or employee under his
authority pending investigation if the charge against
such official or employee involves dishonesty,
oppression or grave misconduct or neglect in the
performance of duty, or if there is reason to believe
that the respondent is guilty of the charges which
would warrant his removal from the service.
(b) Upon expiration of the preventive
suspension, the suspended official or employee
shall be automatically reinstated in office without
prejudice to the continuation of the administrative
proceedings against him until its termination. If the
delay in the proceedings of the case is due to the
fault, neglect or request of the respondent, the time
of the delay shall not be counted in computing the
period of suspension herein provided.
Sec86. Administrative Investigation. — In any local
government unit, administrative investigation may
be conducted by a person or a committee duly
authorized by the local chief executive. Said person
or committee shall conduct hearings on the cases
brought against appointive local officials and
employees and submit their findings and
recommendations to the local chief executive
concerned within fifteen (15) days from the
conclusion of the hearings. The administrative
cases herein mentioned shall be decided within
ninety (90) days from the time the respondent is
formally notified of the charges.
Sec87. Disciplinary Jurisdiction. — Except as
otherwise provided by law, the local chief executive
may impose the penalty of removal from service,
demotion in rank, suspension for not more than one
(1) year without pay, fine in an amount not
exceeding six (6) months salary, or reprimand and
otherwise discipline subordinate officials and
employees under his jurisdiction. If the penalty
imposed is suspension without pay for not more
than thirty (30) days, his decision shall be final. If
the penalty imposed is heavier than suspension of
thirty (30) days, the decision shall be appealable to
the Civil Service Commission, which shall decide
the appeal within thirty (30) days from receipt
thereof.
Sec88. Execution Pending Appeal. — An appeal
shall not prevent the execution of a decision of
removal or suspension of a respondent-appellant.
In case the respondent-appellant is exonerated, he
shall be reinstated to his position with all the rights
and privileges appurtenant thereto from the time he
had been deprived thereof.
Sec89. Prohibited Business and Pecuniary
Interest. —
(a) It shall be unlawful for any local government
official or employee, directly or indirectly, to:
(1) Engage in any business transaction with the
local government unit in which he is an
official or employee or over which he has the
power of supervision, or with any of its
authorized boards, officials, agents, or
attorneys, whereby money is to be paid, or
property or any other thing of value is to be
transferred, directly or indirectly, out of the
resources of the local government unit to
such person or firm;
(2) Hold such interests in any cockpit or other
games licensed by a local government unit;
(3) Purchase any real estate or other property
forfeited in favor of such local government
unit for unpaid taxes or assessment, or by
virtue of a legal process at the instance of the
said local government unit;
(4) Be a surety for any person contracting or
doing business with the local government
unit for which a surety is required; and
(5) Possess or use any public property of the
local government unit for private purposes.
(b) All other prohibitions governing the conduct
of national public officers relating to prohibited
business and pecuniary interest so provided for
under Republic Act Numbered Sixty-seven thirteen
(R.A. No. 6713) otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials
and Employees" and other laws shall also be
applicable to local government officials and
employees.
Sec90. Practice of Profession. —
(a) All governors, city and municipal mayors are
prohibited from practicing their profession or
engaging in any occupation other than the exercise
of their functions as local chief executives.
(b) Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided,
That sanggunian members who are also members
of the Bar shall not:
(1) Appear as counsel before any court in any
civil case wherein a local government unit or
any office, agency, or instrumentality of the
government is the adverse party;
(2) Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of an
offense committed in relation to his office.
(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
and
(4) Use property and personnel of the
government except when the sanggunian
 member concerned is defending the interest
of the government.
(c) Doctors of medicine may practice their
profession even during official hours of work only
on occasions of emergency: Provided, That the
officials concerned do not derive monetary
compensation therefrom.
Sec91. Statement of Assets and Liabilities. — (a)
Officials and employees of local government units
shall file sworn statements of assets, liabilities and
net worth, lists of relatives within the fourth civil
degree of consanguinity or affinity in government
service, financial and business interests, and
personnel data sheets as required by law.
Sec92. Oath of Office. — (a) All elective and
appointive local officials and employees shall, upon
assumption to office, subscribe to an oath or
affirmation of office in the prescribed form. The oath
or affirmation of office shall be filed with the office
of the local chief executive concerned. A copy of
the oath or affirmation of office of all elective and
appointive local officials and employees shall be
preserved in the individual personal records file
under the custody of the personnel office, division,
or section of the local government unit concerned.
Sec93. Partisan Political Activity. — No local
official or employee in the career civil service shall
engage directly or indirectly in any partisan political
activity or take part in any election, initiative,
referendum, plebiscite, or recall, except to vote, nor
shall he use his official authority or influence to
cause the performance of any political activity by
any person or body. He may, however, express his
views on current issues, or mention the names of
certain candidates for public office whom he
supports. Elective local officials may take part in
partisan political and electoral activities, but it shall
be unlawful for them to solicit contributions from
their subordinates or subject these subordinates to
any of the prohibited acts under the Omnibus
Election Code.
Sec94. Appointment of Elective and Appointive
Local Officials; Candidates Who Lost in an
Election. — (a) No elective or appointive local
official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no elective or appointive
local official shall hold any other office or
employment in the government or any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporations or
their subsidiaries.
Sec95. Additional or Double Compensation. — No
elective or appointive local official or employee
shall receive additional, double, or indirect
compensation, unless specifically authorized by
law, nor accept without the consent of Congress,
any present, emoluments, office, or title of any kind
from any foreign government. Pensions or
gratuities shall not be considered as additional,
double, or indirect compensation.
Sec96. Permission to Leave Station. —
(a) Provincial, city, municipal, and barangay
appointive officials going on official travel shall
apply and secure written permission from their
respective local chief executives before departure.
The application shall specify the reasons for such
travel, and the permission shall be given or
withheld based on considerations of public interest,
financial capability of the local government unit
concerned and urgency of the travel.
Should the local chief executive concerned fall to
act upon such application within four (4) working
days from receipt thereof, it shall be deemed
approved.
(b) Mayors of component cities and
municipalities shall secure the permission of the
governor concerned for any travel outside the
province.
(c) Local government officials traveling abroad
shall notify their respective sanggunian: Provided,
That when the period of travel extends to more
than three (3) months, during periods of emergency
or crisis or when the travel involves the use of
public funds, permission from the Office of the
President shall be secured.
(d) Field officers of national agencies or offices
assigned in provinces, cities, and municipalities
shall not leave their official stations without giving
prior written notice to the local chief executive
concerned. Such notice shall state the duration of
travel and the name of the officer whom he shall
designate to act for and in his behalf during his
absence.
Sec97. Annual Report. — On or before March 31 of
each year, every local chief executive shall submit
an annual report to the sanggunian concerned on
the socio-economic, political and peace and order
conditions, and other matters concerning the local
government unit, which shall cover the immediately
preceding calendar year. A copy of the report shall
be forwarded to the Department of the Interior and
Local Government. Component cities and
municipalities shall likewise provide the
sangguniang panlalawigan copies of their
respective annual reports.
RA 6713 (1989) – Code of Conduct and Ethical
Standards for Public Officials and Employees
Sec2. Declaration of Policies. — It is the policy of
the State to promote a high standard of ethics in
public service. Public officials and employees shall
at all times be accountable to the people and shall
discharge their duties with utmost responsibility,
integrity, competence, and loyalty, act with
patriotism and justice, lead modest lives, and
uphold public interest over personal interest.
Sec3. Definition of Terms. — As used in this Act,
the term:
(a) "Government" includes the National
Government, the local governments, and all other
instrumentalities, agencies or branches of the
Republic of the Philippines including government-
owned or controlled corporations, and their
subsidiaries.
(b) "Public Officials" includes elective and
appointive officials and employees, permanent or
temporary, whether in the career or non-career
service, including military and police personnel,
whether or not they receive compensation,
regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a
simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in
anticipation of, or in exchange for, a favor from a
public official or employee.
(d) "Receiving any gift" includes the act of
accepting directly or indirectly, a gift from a person
other than a member of his family or relative as
defined in this Act, even on the occasion of a family
celebration or national festivity like Christmas, if the
value of the gift is neither nominal nor insignificant,
or the gift is given in anticipation of, or in exchange
for, a favor.
(e) "Loan" covers both simple loan and
commodatum as well as guarantees, financing
arrangements or accommodations intended to
ensure its approval.
(f) "Substantial stockholder" means any person
who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This
term shall also apply to the parties to a voting trust.
(g) "Family of public officials or employees"
means their spouses and unmarried children under
eighteen (18) years of age.
(h) "Person" includes natural and juridical
persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public
official or employee is a member of a board, an
officer, or a substantial stockholder of a private
corporation or owner or has a substantial interest in
a business, and the interest of such corporation or
business, or his rights or duties therein, may be
opposed to or affected by the faithful performance
of official duty.
(j) "Divestment" is the transfer of title or disposal
of interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons
other than his spouse and relatives as defined in
this Act.
(k) "Relatives" refers to any and all persons
related to a public official or employee within the
fourth civil degree of consanguinity or affinity,
including bilas, inso and balae.
Sec4. Norms of Conduct of Public Officials and
Employees. —
(A) Every public official and employee shall
observe the following as standards of personal
conduct in the discharge and execution of official
duties:
(a) Commitment to public interest. — Public
officials and employees shall always uphold
the public interest over and above personal
interest. All government resources and
powers of their respective offices must be
employed and used efficiently, effectively,
honestly and economically, particularly to
avoid wastage in public funds and revenues.
(b) Professionalism. — Public officials and
employees shall perform and discharge their
duties with the highest degree of excellence,
professionalism, intelligence and skill. They
shall enter public service with utmost
devotion and dedication to duty. They shall
endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of
undue patronage.
(c) Justness and sincerity. — Public officials and
employees shall remain true to the people at
all times. They must act with justness and
sincerity and shall not discriminate against
anyone, especially the poor and the
underprivileged. They shall at all times
respect the rights of others, and shall refrain
from doing acts contrary to law, good morals,
good customs, public policy, public order,
public safety and public interest. They shall
not dispense or extend undue favors on
account of their office to their relatives
whether by consanguinity or affinity except
with respect to appointments of such
relatives to positions considered strictly
confidential or as members of their personal
staff whose terms are coterminous with
theirs.
(d) Political neutrality. — Public officials and
employees shall provide service to everyone
without unfair discrimination and regardless
of party affiliation or preference.
 (e) Responsiveness to the public. — Public
officials and employees shall extend prompt,
courteous, and adequate service to the
public. Unless otherwise provided by law or
when required by the public interest, public
officials and employees shall provide
information of their policies and procedures
in clear and understandable language,
ensure openness of information, public
consultations and hearings whenever
appropriate, encourage suggestions, simplify
and systematize policy, rules and
procedures, avoid red tape and develop an
understanding and appreciation of the socio-
economic conditions prevailing in the country,
especially in the depressed rural and urban
areas.
(f) Nationalism and patriotism. — Public officials
and employees shall at all times be loyal to
the Republic and to the Filipino people,
promote the use of locally produced goods,
resources and technology and encourage
appreciation and pride of country and people.
They shall endeavor to maintain and defend
Philippine sovereignty against foreign
intrusion.
(g) Commitment to democracy. — Public officials
and employees shall commit themselves to
the democratic way of life and values,
maintain the principle of public accountability,
and manifest by deeds the supremacy of
civilian authority over the military. They shall
at all times uphold the Constitution and put
loyalty to country above loyalty to persons or
party.
(h) Simple living. — Public officials and
employees and their families shall lead
modest lives appropriate to their positions
and income. They shall not indulge in
extravagant or ostentatious display of wealth
in any form.
(B) The Civil Service Commission shall adopt
positive measures to promote (1) observance of
these standards including the dissemination of
information programs and workshops authorizing
merit increases beyond regular progression steps,
to a limited number of employees recognized by
their office colleagues to be outstanding in their
observance of ethical standards; and (2) continuing
research and experimentation on measures which
provide positive motivation to public officials and
employees in raising the general level of
observance of these standards.
Sec5. Duties of Public Officials and Employees.
— In the performance of their duties, all public
officials and employees are under obligation to:
(a) Act promptly on letters and requests. — All
public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to
letters, telegrams or other means of
communications sent by the public. The reply must
contain the action taken on the request.
(b) Submit annual performance reports. — All
heads or other responsible officers of offices and
agencies of the government and of government-
owned or controlled corporations shall, within forty-
five (45) working days from the end of the year,
render a performance report of the agency or office
or corporation concerned. Such report shall be
open and available to the public within regular
office hours.
(c) Process documents and papers
expeditiously. — All official papers and documents
must be processed and completed within a
reasonable time from the preparation thereof and
must contain, as far as practicable, not more than
three (3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf.
(d) Act immediately on the public's personal
transactions. — All public officials and employees
must attend to anyone who wants to avail himself
of the services of their offices and must, at all
times, act promptly and expeditiously.
(e) Make documents accessible to the public. —
All public documents must be made accessible to,
and readily available for inspection by, the public
within reasonable working hours.
Sec6. System of Incentives and Rewards. — A
system of annual incentives and rewards is hereby
established in order to motivate and inspire public
servants to uphold the highest standards of ethics.
For this purpose, a Committee on Awards to
Outstanding Public Officials and Employees is
hereby created composed of the following: the
Ombudsman and Chairman of the Civil Service
Commission as Co-Chairmen, and the Chairman of
the Commission on Audit, and two government
employees to be appointed by the President, as
members.
It shall be the task of this Committee to conduct a
periodic, continuing review of the performance of
public officials and employees, in all the branches
and agencies of Government and establish a
system of annual incentives and rewards to the end
that due recognition is given to public officials and
employees of outstanding merit on the basis of the
standards set forth in this Act.
The conferment of awards shall take into account,
among other things, the following: the years of
service and the quality and consistency of
performance, the obscurity of the position, the level
of salary, the unique and exemplary quality of a
certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to
government officials and employees of the year to
be announced in public ceremonies honoring them
may take the form of bonuses, citations,
 directorships in government-owned or controlled
corporations, local and foreign scholarship grants,
paid vacations and the like. They shall likewise be
automatically promoted to the next higher position
with the commensurate salary suitable to their
qualifications. In case there is no next higher
position or it is not vacant, said position shall be
included in the budget of the office in the next
General Appropriations Act. The Committee on
Awards shall adopt its own rules to govern the
conduct of its activities.
Sec7. Prohibited Acts and Transactions. — In
addition to acts and omissions of public officials
and employees now prescribed in the Constitution
and existing laws, the following shall constitute
prohibited acts and transactions of any public
official and employee and are hereby declared to
be unlawful:
(a) Financial and material interest. — Public
officials and employees shall not, directly or
indirectly, have any financial or material interest in
any transaction requiring the approval of their
office.
(b) Outside employment and other activities
related thereto. — Public officials and employees
during their incumbency shall not:
(1) Own, control, manage or accept employment
as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any
private enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law;
(2) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to conflict
with their official functions; or
(3) Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for a
period of one (1) year after resignation, retirement,
or separation from public office, except in the case
of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in
connection with any matter before the office he
used to be with, in which case the one-year
prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential
information. —
Public officials and employees shall not use or
divulge, confidential or classified information
officially known to them by reason of their office
and not made available to the public, either:
(1) To further their private interests, or give
undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. — Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official duties
or in connection with any operation being regulated
by, or any transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign governments, the
Congress consents to:
(i) The acceptance and retention by a public
official or employee of a gift of nominal value
tendered and received as a souvenir or mark of
courtesy;
(ii) The acceptance by a public official or
employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or
(iii) The acceptance by a public official or
employee of travel grants or expenses for travel
taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of
more than nominal value if such acceptance is
appropriate or consistent with the interests of the
Philippines, and permitted by the head of office,
branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations
as may be necessary to carry out the purpose of
this subsection, including pertinent reporting and
disclosure requirements.
Nothing in this Act shall be construed to restrict or
prohibit any educational, scientific or cultural
exchange programs subject to national security
requirements.
Sec8. Statements and Disclosure. — Public
officials and employees have an obligation to
accomplish and submit declarations under oath of,
and the public has the right to know, their assets,
liabilities, net worth and financial and business
interests including those of their spouses and of
unmarried children under eighteen (18) years of
age living in their households.
(A) Statements of Assets and Liabilities and
Financial Disclosure. — All public officials and
employees, except those who serve in an honorary
capacity, laborers and casual or temporary
workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure
of Business Interests and Financial Connections
and those of their spouses and unmarried children
under eighteen (18) years of age living in their
households.
The two documents shall contain information on the
following:
(a) real property, its improvements, acquisition
costs, assessed value and current fair market
value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on
hand or in banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial
connections.
The documents must be filed:
(a) within thirty (30) days after assumption of
office;
(b) on or before April 30, of every year
thereafter; and
(c) within thirty (30) days after separation from
the service.
All public officials and employees required under
this section to file the aforestated documents shall
also execute, within thirty (30) days from the date
of their assumption of office, the necessary
authority in favor of the Ombudsman to obtain from
all appropriate government agencies, including the
Bureau of Internal Revenue, such documents as
may show their assets, liabilities, net worth, and
also their business interests and financial
connections in previous years, including, if
possible, the year when they first assumed any
office in the Government.
Husband and wife who are both public officials or
employees may file the required statements jointly
or separately.
The Statements of Assets, Liabilities and Net Worth
and the Disclosure of Business Interests and
Financial Connections shall be filed by:
(1) Constitutional and national elective officials,
with the national office of the Ombudsman;
(2) Senators and Congressmen, with the
Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the
Clerk of Court of the Supreme Court; Judges, with
the Court Administrator; and all national executive
officials with the Office of the President.
(3) Regional and local officials and employees,
with the Deputy Ombudsman in their respective
regions;
(4) Officers of the armed forces from the rank of
colonel or naval captain, with the Office of the
President, and those below said ranks, with the
Deputy Ombudsman in their respective regions;
and
(5) All other public officials and employees,
defined in Republic Act No. 3019, as amended,
with the Civil Service Commission.
(B) Identification and disclosure of relatives. — It
shall be the duty of every public official or
employee to identify and disclose, to the best of his
knowledge and information, his relatives in the
Government in the form, manner and frequency
prescribed by the Civil Service Commission.
(C) Accessibility of documents. —
(1) Any and all statements filed under this Act,
shall be made available for inspection at
reasonable hours.
(2) Such statements shall be made available for
copying or reproduction after ten (10) working days
from the time they are filed as required by law.
(3) Any person requesting a copy of a statement
shall be required to pay a reasonable fee to cover
the cost of reproduction and mailing of such
statement, as well as the cost of certification.
(4) Any statement filed under this Act shall be
available to the public for a period of ten (10) years
after receipt of the statement. After such period, the
statement may be destroyed unless needed in an
ongoing investigation.
(D) Prohibited acts. — It shall be unlawful for any
person to obtain or use any statement filed under
this Act for:
(a) any purpose contrary to morals or public
policy; or
(b) any commercial purpose other than by news
and communications media for dissemination to the
general public.
Sec9. Divestment. — A public official or employee
shall avoid conflicts of interest at all times. When a
conflict of interest arises, he shall resign from his
position in any private business enterprise within
thirty (30) days from his assumption of office and/or
divest himself of his shareholdings or interest within
sixty (60) days from such assumption.
The same rule shall apply where the public official
or employee is a partner in a partnership.
The requirement of divestment shall not apply to
those who serve the Government in an honorary
capacity nor to laborers and casual or temporary
workers.
Sec10. Review and Compliance Procedure. —
(a) The designated Committees of both Houses
of the Congress shall establish procedures for the
review of statements to determine whether said
statements which have been submitted on time, are
complete, and are in proper form. In the event a
determination is made that a statement is not so
filed, the appropriate Committee shall so inform the
reporting individual and direct him to take the
necessary corrective action.
(b) In order to carry out their responsibilities
under this Act, the designated Committees of both
Houses of Congress shall have the power within
their respective jurisdictions, to render any opinion
interpreting this Act, in writing, to persons covered
by this Act, subject in each instance to the approval
by affirmative vote of the majority of the particular
House concerned.
The individual to whom an opinion is rendered, and
any other individual involved in a similar factual
situation, and who, after issuance of the opinion
acts in good faith in accordance with it shall not be
subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the
duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned,
subject to the approval of the Secretary of Justice,
in the case of the Executive Department and the
 Chief Justice of the Supreme Court, in the case of
the Judicial Department.
Sec11. Penalties. —
(a) Any public official or employee, regardless of
whether or not he holds office or employment in a
casual, temporary, holdover, permanent or regular
capacity, committing any violation of this Act shall
be punished with a fine not exceeding the
equivalent of six (6) months' salary or suspension
not exceeding one (1) year, or removal depending
on the gravity of the offense after due notice and
hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8 or 9 of this Act
shall be punishable with imprisonment not
exceeding five (5) years, or a fine not exceeding
five thousand pesos (P5,000), or both, and, in the
discretion of the court of competent jurisdiction,
disqualification to hold public office.
(b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or
employee, even if no criminal prosecution is
instituted against him.
(c) Private individuals who participate in
conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in
violation of this Act, shall be subject to the same
penal liabilities as the public officials or employees
and shall be tried jointly with them.
(d) The official or employee concerned may
bring an action against any person who obtains or
uses a report for any purpose prohibited by Section
8 (D) of this Act. The Court in which such action is
brought may assess against such person a penalty
in any amount not to exceed twenty-five thousand
pesos (P25,000). If another sanction hereunder or
under any other law is heavier, the latter shall
apply.
Sec12. Promulgation of Rules and Regulations,
Administration and Enforcement of this Act. —
The Civil Service Commission shall have the
primary responsibility for the administration and
enforcement of this Act. It shall transmit all cases
for prosecution arising from violations of this Act to
the proper authorities for appropriate action:
Provided, however, That it may institute such
administrative actions and disciplinary measures as
may be warranted in accordance with law. Nothing
in this provision shall be construed as a deprivation
of the right of each House of Congress to discipline
its Members for disorderly behavior.
The Civil Service Commission is hereby authorized
to promulgate rules and regulations necessary to
carry out the provisions of this Act, including
guidelines for individuals who render free voluntary
service to the Government. The Ombudsman shall
likewise take steps to protect citizens who
denounce acts or omissions of public officials and
employees which are in violation of this Act.
See also… Local Government Code
DanGat Notes:
Appointing Authority – generally, the Local Chief
Executive
-- The Secretary of Finance for appointive positions
connected with finance (e.g. The Treasurer and
the Assistant Treasurer) who shall be appointed by
the Sec from a list of at least 3 ranking, eligible
recommendees of the governor or mayor, as the
case may be, subject to civil service law, rules and
regulations
TITLE V: Appointive Local Officials Common to
All Municipalities, Cities and Provinces
1. Secretary to the Sanggunian (Sec469) –
appointment of one is mandatory for LGU
2. The Treasurer (Sec470) – appointment of
one is mandatory for LGU
- appointed by the Sec. of Finance from a list
of at least 3 ranking, eligible recommendees
of the governor or mayor, as the case may
be, subject to civil service law, rules and
regulations
- under the administrative supervision of the
governor or mayor, as the case may be, to
whom he shall report regularly on the tax
collection efforts in the LGU
3. Assistant Treasurer (Sec471) – appointed
by the Sec from a list of at least 3 ranking,
eligible recommendees of the governor or mayor,
as the case may be, subject to civil service law,
rules and regulations
4. The Assessor (Sec472) – appointment of
one is mandatory for LGU
5. Assistant Assessor (Sec473) –
appointment of one shall be optional for LGU
6. The Accountant (Sec474) – appointment of
one is mandatory for LGU
7. The Budget Officer (Sec475) – appointment
of one is mandatory for LGU
8. The Planning and Development
Coordinator (Sec476) – appointment of one is
mandatory for LGU
9. The Engineer (Sec477) – appointment of
one is mandatory for LGU
10. The Health Officer (Sec478) – appointment
of one is mandatory for LGU
11. The Civil Registrar (Sec479) – appointment
of one is mandatory for LGU
12. The Administrator (Sec480) – appointment
of one is mandatory for provincial and city
governments, and optional for municipal
government
- term is coterminous with that of the
appointing authority
13. The Legal Officer (Sec481) – appointment
of one is mandatory for provincial and city
governments, and optional for municipal
government
- term is coterminous with that of the
appointing authority
14. The Agriculturist (Sec482) – appointment of
one is mandatory for provincial government, and
optional for city and municipal governments
15. The Social Welfare and Development
Officer (Sec483) – appointment of one is
mandatory for provincial and city governments,
and optional for municipal government
16. The Environment and Natural Resources
Officer (Sec484) – appointment of one is
optional for LGUs
17. The Architect (Sec485) – appointment of
one is optional for LGUs
18. The Information Officer (Sec486) –
appointment of one is optional for LGUs
- term is coterminous with that of the
appointing authority
19. The Cooperatives Officer (Sec487) – Department of Finance. Hence, the Sec. of
appointment of one is optional for LGUs
20. The Population Officer (Sec488) –
appointment of one is optional for LGU:
Provided, however, That provinces and cities
which have existing population offices shall
continue to maintain such offices for a period of
5years from date of LGC’s effectivity, after which
said offices shall become optional
21. The Veterinarian (Sec489) – appointment of
one is mandatory for LGU
22. The General Services Officer (Sec490) –
appointment of one is mandatory for LGU
Macalincag vs. Chang (1992)
Facts:
Acting Sec. of Finance Macalinag issued an Order of
Preventive Suspension against Municipal Treasurer
Chang for dishonesty, neglect of duty and acts
prejudicial to the best interest of the service.
Macalinag was ordered by RTC to permanently
desist from enforcing preventive suspension order
ruling that until an acting municipal treasurer is
appointed to replace Chang, the order is incomplete
and cannot be said to have taken effect.
Held:
1. Sec. of Finance has jurisdiction to issue an
order of preventive suspension against the acting
municipal treasurer of Makati.
Under Sec4116 of the Civil Service Law, the
designation of the replacement is not a
requirement to give effect to the preventive
suspension.
Sec156 of BP337 (old LGC) even provides for the
automatic assumption of the assistant municipal
treasurer or next in rank officer in case of
suspension of the municipal treasurer.
The Order of Preventive Suspension of Chang
became effective upon his receipt thereof, which is
presumed when he filed a complaint in the trial court
preventing the implementation of such order.
Otherwise stated, the designation of the OIC to
replace Chang is immaterial to the effectivity of the
latter's suspension. A contrary view would render
nugatory the very purpose of preventive suspension.
2. The power to discipline is specifically vested
under the Civil Service Law in heads of
departments, agencies and instrumentalities,
provinces and chartered cities who have original
jurisdiction to investigate and decide on matters
involving disciplinary action. They are the proper
disciplining authority referred to in Sec41 of the
Civil Service Law.
The Office of the Municipal Treasurer is under the
Finance is the proper disciplining authority to
issue the preventive suspension order. Acting
Sec. of Finance, Macalincag, acted within his
jurisdiction in issuing the order.
Even assuming that the power to appoint includes the
power to discipline, acting Sec. Macalincag as Sec.
of Finance is an alter ego of the President and
therefore, it is within his authority, as an alter ego, to
preventively suspend Chang.
16
Preventive Suspension. — The proper disciplining authority may preventively
suspend any subordinate officer or ee under his authority pending an
investigation, if the charge against such officer or ee involves dishonesty,
oppression or grave misconduct, or neglect in the performance of duty, or if there
are reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.

Debulgado vs. Civil Service Commission (1994)
Facts:
Incumbent Mayor Debulgado appointed his wife as
General Services Officer (head of the Office of
General Services).
CSC issued a resolution recalling approval issued by
Director Escobia to the wife, and disapproving the
promotion of the wife on the ground that it violated
the statutory prohibition against nepotic
appointments.
Contended that nepotic appointments is applicable
only to original appointments and not to promotional
appointments.
Held:
1. The prohibition against nepotic appointments
applies to all appointments (original or
promotional).
Basis: Sec59, Book5 of the Revised Administrative
Code, and the Implementing Rules where prohibition
was case in comprehensive and unqualified terms.
It covers ALL APPOINTMENTS without seeking to
make any distinction between differing kinds or types
of appointments
It covers all appointments to the national, provincial.,
city, and municipal governments, as well as any
branch or instrumentality thereof and all government-
owned or controlled corporations
Section 59 contains a list of exceptions which
includes only: (a closed list) – persons employed in a
confidential capacity, teachers, physicians, and
members of the AFP
The implementing rules provide that: “All original
appointments and personnel actions shall be in
accordance with these Rules and with other
regulations and standards that may be promulgated
by the Commission.”
Under the abovequoted provisions, both the original
appointment and all subsequent personnel actions
(promotion, transfer, reinstatement, reemployment)
must comply with the Rules including the prohibition
against nepotism
To the extent that all personnel actions after the
original appointment require the issuance of new
appointment to another position, it is believed that
such appointment must also comply with and
prohibition against nepotism
Policy reason: civil service appointment should be
based on merit and fitness
Laurel vs. CSC: designated employees are also
covered by the prohibition
If not covered by the term appointment “then the
prohibition on nepotism would be meaningless and
toothless. Any appointing authority may circumvent it
by merely designating, and not appointing, a relative
within the prohibited degree to a vacant position in
the career service.”
Question in the CAB is her promotional appointment
While the application of the prohibition imposed
restrictions on the petitioner, Court says:
o prohibition applied without regard to
the actual merits of the porposed appointee and
o to the good intentions of the
appointing authority
o prohibition not intended to penalize
faithful service
o purpose is to take out of the
discretion of the appointing and recommending
authority the matter for appointment of a relative
(for objectivity)
Argument of vested right misconceived the nature of
the action taken by the Commission.
It was not an imposition of an administrative
disciplinary measure.
Commission’s function is only to examine the
conformity of the appointment with law.
Wife was afforded an opportunity to be heard when
she filed a motion for reconsideration and challenged
the disapproval by the Commission.
Action of Commission was valid because the
appointment violated the provisions of the law. It was
null and void as being contra legem. A void
appointment cannot give rise to security of tenure.
Dimaandal vs. COA (1998)
Facts:
Dimaandal, designated Acting Assistant Provincial
Treasurer for Administration by Governor Mayo, filed
a claim for difference in salary and RATA of the
positions Assistant Provincial Treasurer and Supply
Officer III (his original position).
Provincial Auditor disallowed the claim.
Held: Dimaandal is not entitled to the difference in
salary between his regular position and the higher
position to which he is designated.
1. Only the authorized appointing officer can
authorize the payment of compensation.
Sec. 471 of the Local Government Code and Sec.
2077 of the Revised Administrative Code do not
authorize the Provincial Governor to appoint nor even
designate a person in cases of temporary absence or
disability or a vacancy in a provincial office.
That power resides in the President of the
Philippines, or the Secretary of Finance who has the
power to appoint an Assistant Treasurer from a list of
3 ranking eligible recommendees of the governor or
mayor.
Thus, Dimmandal’s designation as Assistant
Provincial Treasurer by Governor Mayo was defective
and conferred no right on the part of Dimaandal to
claim the difference in salaries and allowances
attached to the position occupied by him.
2. What was extended to Dimaandal by the
Governor was merely a designation, not an
appointment
While an appointment is the selection by the proper
authority of an individual who is to exercise the
powers and functions of a given office, designation
merely connotes an imposition of additional duties,
usually by law, upon a person already in the public
service by virtue of an earlier appointment. (Santiago
v COA)
Designation is mere imposition of new or additional
duties on the officer or employee to be performed by
him in a special manner. It does not entail payment of
additional benefits or grant upon the person so
designated the right to claim the salary attached to
the position. (COA Decision dated 1995 & Opinion of
the Office of the Legal Affairs of CSC; construction
given by an agency should be given great weight and
respect)
3. No violation of constitutional right against
deprivation of property without due process of
law and non-impairment of obligation of contracts
clause in the Constitution
The right to the salary of an Assistant Provincial
Treasurer is based on the assumption that the
appointment or designation thereof was made in
accordance with law.
Considering that Dimaandal’s designation was
without color of authority, the right to the salary or an
allowance due form said office never existed. In the
absence of such right, there can be no violation of
any constitutional right no an impairment of the
obligation of the contracts clause.
4. He was not a de facto officer as to entitle him
to receive salary for services actually rendered
A de facto officer is defined as one who derives his
appointment form one having colorable authority to
appoint, if the office is an appointive office, and
whose appointment is valid on its face. Color of
authority in this context means authority derived from
an appointment, however irregular or informal, so that
the incumbent is not a mere volunteer.
Flores vs. Drilon (1993)
Facts:
Mayor Gordon of Olongapo City was appointed
Chairman/CEO of the SBMA pursuant to §13 ¶d of
RA7277 “Bases Conversion & Development Act of
1992”:
(d) Chairman/Administrator. - The President shall
appoint a professional manager as administrator
of the Subic Authority with a compensation to be
determined by the Board subject to the approval
of the Secretary of Budget, who shall be the ex
officio chairman of the Board and who shall serve
as the chief executive officer of the Subic
Authority: Provided, however, That for the first
year of its operations from the effectivity of this
Act, the mayor of the City of Olongapo shall be
appointed as the chairman and chief executive
officer of the Subic Authority.
Petitioners filed an original petition before the SC,
challenging the constitutionality of the proviso above.
Held: The proviso violates the constitutional
proscription against appointment or designation of
elective officials to other government posts.
Purpose of the proscription: It is an affirmation that a
public office is a full-time job. A public officer should
be precluded from dissipating his efforts…among too
many positions of responsibility, which may result in
inefficiency.
That §94 LGC permits the appointment of a local
elective official to another post if so allowed by law or
by the primary functions of his office is untenable.
No legislative act can prevail over the Constitution
This view ignores the clear-cut difference in the
wording bet. the two ¶s of §7 Art. IX-B, w/c distinction
was purposely sought by the drafters of the
Constitution.
a. ¶217 allows the holding of multiple
offices by an appointive official when allowed by
law or by the primary functions of his position
b. ¶118 is more stringent. It does not
provide any exception to the rule against
appointment or designation of an elective official
to other government posts except as particularly
recognized in the Constitution itself, such as:
 President, as head of the
Economic and Planning Agency
 VP, who may be appointed
Cabinet member
 Congressman, who may be
designated ex officio member of the Judicial
& Bar Council
The exemption allowed to appointive officials in ¶2
can’t be extended to elective officials who are
governed by ¶1.
That the SBMA posts are merely ex officio to the
position of Mayor of Olongapo City, hence, an
excepted circumstance  citing Civil Liberties v Exec
17
Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government or
any subdivision, agency or instrumentality thereof, including GOCCs or their
subsidiaries.
18
No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure.
Sec where the Court held that the prohibition in §13
Art. VII of the Constitution doesn’t apply to additional
duties & functions required by the primary functions
of the official concerned, who are to perform them in
an ex officio capacity… is also untenable
Congress did not contemplate making the SBMA
posts as ex officio or automatically attached to the
Office of the Mayor of Olongapo City w/o need of
appointment.
1) The phrase “shall be appointed” shows the
intent to makes the posts appointive.
2) In the Senate deliberations, Sen. Saguisag
suggested that they make the post ex officio so
as not to contravene §7 ¶1 Art.IX-B Constitution,
but Congress decided to have the controversy
resolved by the courts instead.
That the proviso is NOT a legislative encroachment
on the appointing authority of the President…
The power of appointment necessarily carries the
discretion of whom to appoint. When Congress
clothes the President with the power to appoint an
officer, it cannot at the same time limit the choice of
the President to only one candidate, even on the
pretext of prescribing qualifications of the officer (as
in this case, where the qualifications prescribed can
only be met by one individual). Such enactment
eliminates the discretion of the appointing power [and
encroaches upon his power of appointment].
SOLUTION: Since the ineligibility of an elective
official for appointment remains all throughout his
tenure or during his incumbency, Gordon may resign
first from his elective post to cast off the
constitutionally-attached disqualification.
CONCLUSION:
- Gordon’s appointment pursuant to an
unconstitutional legislative act is null & void.
- He however remains Mayor of Olongapo City.
- His acts as SBMA Chair/CEO are not
necessarily null and void. He may be considered
a de facto officer, whose acts will hold valid in so
far as they involve the interests of the public and
3rd persons.
- Also, all emoluments received by Gordon
pursuant to his appointment may be retained by
him.
Sangguniang Bayan of San Andres, Catanduanes
vs. CA (1998)
Facts:
Antonio was elected as Baranggay Captain in 1989,
and later elected as president of the Association of
Barangay Councils (ABC). Result: pursuant to 1983
LGC, he was appointed by the President as member
of the Sangguniang Bayan
Because of the reorganization found to be necessary
by DILG, DILG Sec appointed Antonio as temporary
member of the Sangguniang Panlalawigan.
So Antonio resigned as member of the Sangguinang
Bayan. Pursuant to the 1983 LGC, the Vice President
of the ABC was the one appointed to the
Sangguniang Bayan.
SC ruled that appointment of Antonio as sectoral
representative to the Sangguniang Panlalawigan was
void.
Antonio wrote the members of the Sangguniang
Bayan advising them of his resumption of his original
position.
Sangguniang Bayan issued Resolution No. 6,
declaring Antonio had no legal basis to resume office.
Held: There was no valid resignation on the part of
Antonio but there was an abandonment in office.
As to Resignation – Definition of Resignation: act of
giving up or the act of an officer by which he declines
his office and renounces the further right to use it
To constitute a complete resignation, there must be:
a. an intention to relinquish a part of the term
b. an act of relinquishment
c. an acceptance by the proper authority
The last requisite is not present. There was no
showing that the letter given to the DILG was
received, much less acted upon by said Department.
As to Abandonment of Office - There was a voluntary
abandonment of office by Antonio.
Definition of Abandonment: voluntary relinquishment
of an office by the holder, with the intention of
terminating his possession and control thereof.
Essential elements of Abandonment:
a. intent to abandon
b. an overt act by which the intention is to be carried
into effect
In CAB: both elements are present:
a. intent to abandon: failure to perform functions as
Sangguniang Bayan member; failure to collect
remuneration of a Sangguniang Bayan member;
failure to object to the appointment of Aquino as
replacement; failure to initiate any act to
reassume his old post
b. overt acts: letter of resignation; assumption of
office as Sangguniang Panlalawigan member;
receipt of remuneration for said post; faithful
discharge of duties of said post
SC notes of the term "designated"  when one is
called to discharge duties IN ADDITION to his regular
responsibilities (ex: SC Justice designated as
member of the House of Representatives Electoral
Tribunal).
In CAB, Antonio was not also designated to
simultaneously discharge functions of both positions.
Mathay vs. Civil Service Commission (1999)
Facts:
QC Mayor appointed Tabernilla as Electrical Engineer
V of the City Government, pursuant to qualifications
provided in city ordinance. The appointment was
approved by the CSC Regional Field Officer.
The appointment was disputed with the CSC,
claiming thatit was issued in violation of CSC
Memorandum Circular No 42 which lays down the
qualifications of an Engineer V (no degree in
Engineering).
CSC revoked the appointment
Held: CSC has jurisdiction to reverse the
appointment of the City Mayor.
The CSC has the power to take action on all
appointments and other personnel actions and that
such power includes the authority to recall an
appointment initially approved in disregard of
applicable provisions of Civil Service laws and
regulations (Debulgado vs. CSC)
Administrative Code of 1997: CSC has the power to:
a. hear and decide administrative cases including
contested appointments and
b. review the decisions and actions of its agencies
The case before the CSC was not a disciplinary
case. (citing Debulgado case again). The CSC, in
approving or disapproving appointments,
a. only examines the conformity of the appointment
with applicable provisions of law and
b. WON the appointee possess the minimum
qualifications and none of the disqualifications.
According to Omnibus Rules Implementing BookV of
E.O. No. 292 as well as Uniform Rules of Procedure
in the Conduct of Administrative Investigations:
Tabernilla will be reverted to his former position.
Mathay vs. CA (1999)
Facts:
Former QC Mayor Brigido Simon appointed private
respondents to positions in Civil Service Units (CSU)
of QC pursuant to PD51.
However, DOJ rendered Opinion No. 33 stating that
PD51 was never in force or effect because of non-
publication in OG and thus cannot be the basis of
CSU appointments. Hence, CSC issued MC No.30
directing the revocation of all appointments made
under PD51 w/in one year from the issuance of the
MC.
Ordinance NC-140 was enacted which established
the Department of Public Order and Safety (DPOS).
Sec3 provided for the absorption of CSU personnel
into the DPOS. Mayor Simon offered contractual
appointments to the private respondents from June 5,
1991-June 30, 1992.
Subsequent Mayor Mathay did not renew the
appointments after their expiry.
Private respondents appealed to CSC which issued
resolutions holding that the reappointment of private
respondent to the DPOS was automatic pursuant to
the Ordinance NC-140 and ordering their
reinstatements.
Held:
1. CSC has no authority to
direct Mayor Mathay to reinstate respondents in
DPOS.
BP337 applies and not the LGC of 1991.
Sec3 of Ordinance NC-140 is invalid for being
inconsistent with BP337. The ordinance refers to
personnel and not to positions. In effect, the
Sanggunian or City council is dictating who shall
occupy the DPOS positions.
BP 337 provides that the power to appoint rests
exclusively with the local chief executive and thus
cannot be usurped by the city council or sanggunian
through the simple expedient of enacting ordinances
that provide for the absorption of specific persons to
certain provisions.
BP 337 expressly enumerated the separately and
clearly delineated the powers of the mayor and the
city council. The power to appoint is vested in the
local chief executive. On the other hand, the power of
the city council is limited to creating, consolidating
and reorganizing city officers and positions supported
by local funds.
Had congress intended to grant the power to appoint
to both the city council and the local chief executive,
it would have said so.
2. CSC has no authority to
direct that an appointment of a specific individual
be made. It only attest to W/N person chosen to
fill the position is eligible or not.
By ordering the Mayor to reinstate private
respondents, it substituted its own judgment.
CSC does not have the authority to direct that an
appointment of a specific individual be made. Once
the CSC attests WON the person chosen to fill the
position is eligible or not, its role in the appointment
process necessarily ends.
IN CAB, Ordinance refers to CSU, the identities of
which cannot be mistaken. CSC resolution calls for
reinstatement of the named individuals. Thus, there
being no issue as to who are to sit in the newly
created DPOS, there is therefore no room left for the
exercise of discretion.
CSC in effect technically issued new appointments
which usurped the appointing power of the local chief
executive.
Every action must be prosecuted/ defended in the
name of the real party in interest.
IN CAB, the person adversely affected is not CSC
but the private respondent Labajo who did not opt to
appeal. The CSC had dangerously departed from its
role as adjudicator and became an advocate.
Jurisprudence has held that CSC has the right to
bring an appeal only as the aggrieved party affected
by a ruling which may seriously prejudice the civil
service system.
De Rama vs. CA (2001)
Facts:
After losing in reelection, former Mayor Evelyn Abeja
made 14 appointment w/in 27 days, the last one just
3 days before she bowed out of the service.
Upon assumption of the new mayor of Pagbilao
Quezon, Conrado de Rama, he wrote to CSC
seeking the recall of the 14 appointees on the ground
that these are midnight appointments prohibited by
Art VII Sec 1519 of 1987 Constitution.
Held:
1. Making appointments during the last days of
tenure by a local elective official is not prohibited.
Art VII Sec 15 of 1987 Constitution or the so-called
constitutional prohibition on midnight appointment
applies only to the President or Acting president.
There is no law prohibiting local elective officials from
making midnight appointments.
2. The appointments were made not in violation
of the rules in the issuance of appointments
Records reveal that:
- the 14 employees were duly appointed
following 2 meetings of the Personnel Election
Board.
- No showing that 14 employees were not
qualified for the positions they were appointed to
- Their appointment was duly attested to by
the Head of CSC field office in Lucena City
3. The mayor cannot unilaterally revoke such
appointments made.
The appointees had already assumed their positions
even before the new mayor assumed office.
Consequently, their appointments took effect
immediately and cannot be unilaterally revoked or
recalled by the new mayor.
Upon the issuance of an appointment and the
appointee’s assumption of the position in civil service,
he acquires a right which cannot be taken away
either by revocation of the appointment or by removal
19
Sec. 15. Two months immediately before the next presidential elections and up
to the end of his term, a president or acting president shall not make
appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public
safety.
except for cause and with previous notice and
hearing.
It is well settled that the person assuming a position
in the civil service under a completed appointed
acquires a legal and not just an equitable right.
WHO IS AUTHORIZED TO RECALL AN
APPOINTMENT INITIALLY REVOKED?
 It is the CSC that is authorized to recall an
appointment initially approved but only when
appointment and approval are proven to be in
disregard of applicable provisions of the CSC laws
and regulations
BASIS: Rule V Sec 9 of the Omnibus Implementing
Regulations of the Revised Administrative Code
specifically provides that an appointment accepted by
the appointee cannot be withdrawn or revoked by the
appointing authority and shall remain in force and
effect until disapproved by the Commission.
Grounds for Recall (Under Sec 20 Rule VI)
a. Non-compliance w/procedure or criteria
provided in the agency’s Merit promotion Plan
b. Failure to pass through the agency’s
selection/promotion board
c. Violation of the existing collective agreement
between management and employees relative to
promotion or
d. Violation of other existing civil service law
rules and regulation.
DISSENT: Mendoza
Art VII Sec 15 of 1987 Consti. is simply an application
of the a broader principle that after the appointing
authority has lost the elections, his is the duty of a
prudent caretaker of the office and therefore he
should not fill positions in the gov’t unless required by
the imperatives of public service.
This rule binds all including mayors who are who are
vested with power of appointment, and it flows from
the principle that a public office is a public trust.
From Aytona case: Midnight appointments are bad
because they offend principles of fairness justice and
righteousness. They cannot now be less bad
because they were made at the local level, by
mayors and other local executives.
The appointments must be few and so spaced as to
afford some assurance of deliberate action and
careful consideration of the need for the appointment
and the appointee’s qualification.
Lameyra vs. Pangilinan (2000)
Facts:
Lameyra was appointed as janitor/messenger in the
Municipal Hall of Famy, Laguna on Feb2, 1988 under
temporary status. His appointment was made
permanent on Jan1, 1989 by then Mayor Acomular
(who was defeated by Mayor Pangilinan in the last
election).
Lameyra received a letter from Mayor Pangilinan
informing him that he is dropped from the roll of
employees pursuant to Memo Circular No.12, Series
of 1994 of the CSC due to (1) Insubordination, and
(2) AWOL.
CSC dismissed Lameyra’s appeal – that there is
sufficient ground to support action of the municipality
in dropping him from service
Held: CSC and CA erred. Under the circumstances
of the case, Lameyra should be given a full
opportunity to prove his contention that he was
illegally terminated which was not fully done in CAB.
I. Accordingly, the first opportunity that Lameyra had
to contest the sufficiency of the evidence to support
his dismissal was when he filed his motion for recon
from the CSC Resolution.
The three sworn statements which were annexes to
the motion directly controverted Vicencio’s
certification that he was AWOL  cannot be
considered new evidence belatedly submitted (as
claimed by Mayor Pangilinan) because there was no
notice and hearing when he was dropped from the
rolls.
II. One of the affiants is ViceMayor Fernandez
(whose acts as a public official are entitled to
presumption of regularity in the performance of duty).
It would be in compliance with due process
requirements to have given due consideration to his
sworn statement in view of the prevailing
circumstances in CAB, and also in consonance with
Mayor Pangilinan’s own theory that Lameyra was
afforded his right to be heard when he filed his
motion for recon in CSC.
III. Findings of fact by administrative agency will be
respected by SC if supported by substantial
evidence.
However, certification of personnel officer that
Lameyra did not report for work does not appear to
constitute substantial evidence in light of Lameyra’s
submission:
(1) that personnel precisely prevented him from
signing logbook
(2) he has been replaced by one Leynes
(3) he has been asked to submit his resignation
which he refused to do.
 Lameyra should then be given a last full
opportunity to prove his contention that the
termination of his services was illegal.
Makati City Government vs. CSC (2002)
Facts:
Galzote, employed as clerk in the Dept. of Eng and
Public Works of Makati City, was arrested without
warrant and detained allegedly for kidnapping for
ransom with physical injuries, then subjected to
inquest proceedings, then a criminal case was
eventually docketed with RTC Pasig. Incarcerated in
the Rizal Provincial Jail, she could not report for work
– so she was suspended from office by City
Government starting Sept9, 1991 until the final
disposition of her case. She was eventually dropped
from the rolls of employees.
3years later, she was acquitted of the crime charged
for failure of the prosecution to prove any act
establishing her complicity in the crime. She was
released.
CSC Resolution 960153 – ordered reinstatement with
backwages from Oct19, 1994 until actual resumption
of duty.
Held:
She cannot be faulted for failing to file an application
for LOA under Sec52 and 63 of CSC Rules prior to
her detention as application for leave and obtain
approval thereof.
Records clearly show that she had been advised
3days after her arrest (Sept9, 1991), that Makati City
Gov. had placed her under suspension until the final
disposition of her criminal case.
The arrangement bound the City Government to
allow her to return to work after the termination of her
case (if acquitted of charge)
She had no intention to go AWOL (leaving or
abandoning without justifiable reason and without
notifying employer) from her post since she had a
valid reason for failing to report for work  being
detained without bail
Had she been told that it was still necessary to file an
application for leave despite the assurance from the
City Government, she would have filed it
Also clear from the records is her ordeal in jail
beginning on Sept6, 1991 and ending after her
acquittal  leaving her no time to attend to the
formality of filing a leave application.
Later memorandum dropping her from the rolls for
absence cannot be valid being violative of due
process.
City Gov should have required her to file an
application by informing her of such requirement 
the subsequent memo dropping her should have
been sent to her at the jail where she had been
detained and where she could have received it
City Gov had actual and official knowledge of her
incarceration as obvious from admissions in the
petition  obliged it to send notice to where she was
detained
CSC holding that she was on automatic leave of
absence during the period of detention is
SUSTAINED.
CSC is the constitutionally mandated central
personnel agency of Gov.
Admin Code of 1987 further empowers CSC to
“prescribe rules and regulations for carrying into
effect provisions of Civil Service Law and other
pertinent laws”  and for matters converning LOAs,
Admin Code specifically vests the CSC to ordain as
regards it.
- pursuant thereto – it promulgated Resolution
91-1631 devoting Rule XVI to LOAs which have
been further amended
- Sec20 (or 52) and 35 (or 63) require an
approved leave of absence to avoid being an
AWOL
o cannot be interpreted as exclusive
and referring only to 1mode of securing the
approval of LOA which would require an
employee to apply for it (formalities) before
exceeding 30days in order to avoid being
dropped from the rolls
o there is the CSC recognized rule of
automatic leave of absence under specified
circumstances as CSC stated in its assailed
Resolution citing a similar case – Cenon
Vargas, CSC Resolution 94-2795 and 95-
5559
 CSC was only interpreting its own rules on LOA
and not a statutory provision in coming up with this
uniform rule
CSC has the power to interpret its own rules and any
phrase contained in them with its interpretation
significantly becoming part of the rules themselves.
To be consistent with established principle stated,
CSC ruling will not be rejected. Rejecting the ruling
on an automatic LOA solely for want of a provision
expressly and specifically allowing it would
erroneously repudiate the difference between the
agency’s own understanding of its rules and its
interpretation of a statute.
Rule of automatic LOA clearly falls within the
constitutionally delegated power of CSC and is
reasonable under the circumstances to address
absences from work which are not attributable to the
concerned gov’t employee.
If it were already written in CSC rules or an existing
provision, no reason for CAB to ensue and be
disputed.
If such were already in place, CSC would have no
basis for interpreting its rules since all it had to do
was to implement them.
What CSC interpreted in CAB were Sec20, 35 and
other related provisions of CSC rules on requirement
of an approved LOA.
- In Sec20 – it is enough that the employer be
informed of the absent employee’s illness, which
information is effective substitute for a prior leave
application illness is not the only instance of
force majeure where there are other events
beyond the control of employee which may force
him to be absent – it is in these cases that CSC
sought to interpret them as contemplating an
automatic LOA
 In CAB, she has sufficiently informed City Gov of
her predicament so no prior leave application needed
- Being in an automatic LOA, exercise of
authority under Sec35 to drop employees from
rolls is tempered with
CSC also has power to allow exemptions from prior
filing of leave applications – logically flows from task
of CSC to regulate civil service in country as ordained
by COnsti and mandated by Admin Code.
CSC Rules even do not limit powers of CSC in this
regard to cases of illness only.
Reasonableness as a standard, CSC can determine
in exercise of its constitutional mandate.
CSC’s reasonable implementation of its own rules in
the specific and actual case of Galzote is advocated
by the court as was done in the case UP vs. CSC
where UP was exempted from CSC rules because of
academic freedom with the Consti as basis.
She cannot be faulted for failure to assume her work.
Clearly, she reported for work as soon as she was
free to do so, but was unfortunately turned back by
City Gov.
In locking her out from her job, City Gov illegally
deprived her of her opportunity to work and must be
held liable.
DISSENTING: Panganiban
I. Galzote was AWOL
No Automatic Leave of Absence
1. current Civil Service Law and Rules do not
contain any provision on automatic leave of
absence – and not disputed.
2. Sec35 in providing for absence without
approved leave makes no distinction or
qualification and gives no regard for the reason
for the absence
- It simply states that an employee who fails to
report continuously for at least 30days
without an approved leave is considered
AWOL, and dropped form service.
3. Sec20 states that approval of LOA is
“contingent on needs of the service”
- clearly, approval for any reason other than
illness cannot be presumed
- it is granted only after evaluation of the
“needs of the service”
- to secure such approval, necessary for one
to file an application for it before exceeding
30days of absence in order to avoid being
dropped from the rolls
- No specific or clear-cut provision allowing an
automatic leave of absence, such rule
forecloses possibility of such leave, even on
the ground of incarceration – where the
 person is not prevented from communicating
with outside world.
CAB: Galzote did not file an application for any type
of leave – no approved leave.
There was nothing to stop her from writing City Gov,
informing it of her plight and applying for leave and
show interest in her job – necessary to enable
government to take appropriate measures to ensure
smooth delivery of service to the public.
4. EO292 is clear that the only LOA that a civil
service employee is entitled to is that which may
be provided by law, rules and regulations
- None provide for automatic leaves of
absence
- The law also considers the grant subservient
to “interest of service” – an interpretation that
would promote and enhance government
service should be upheld over the ponencia’s
interpretation
CAB: It was duty of Galzote to appraise the
government of her inability. Pursuant to Law and
Rules, she should be dropped.
Interpretation Refers Only to Extant Laws and
Rules
Ponencia: CSC is granted sufficient residual
authority via its power of “interpreting” its own rules,
to allow automatic LOAs.
 NO. Undisputed that CSC Law and Rules do not
provide for an automatic leave.
Construction/interpretation is resorted to only in case
of doubt on how to understand an existing legal
provision.
CAB: There is no room for doubt, the law and rules
clearly do not provide for automatic LOAs. There is
nothing to interpret.
CSC has not power to interpret an inexistent rule,
especially is such interpretation takes away the
provision of Sec60, EO292 which mandates that
LOAs shall be allowed only in the interest of the
service  that approval cannot be presumed but may
be granted only after considering the exigencies of
government service.
II. She was afforded Due Process
Sec35 required due notice for dropping of employee
on AWOL.
She was sent a letter informing her that she had been
reported AWOL for over a year – reason for being
dropped from rolls  delivered to her house. She did
not respond nor contest the letter.
CA assumed City Gov knew of her predicament
and her location
 Records show total absence of support for such
assumption. Undisputed that she had not filed any
application for LOA – she had not record of the
reason for her continued absence.
 City Gov is a public corporation – it would be
unreasonable and unjustly burdensome for it to know
the whereabouts of Galzote, when she herself did not
bother to inform it of her situation (being one of
thousand employees)
Relying on its records to ascertain her address would
be more in accord with reason and exigencies of
public service.
SO… letter delivered to her house and informing her
of her AWOL status is due notice to her.
Also, failure to give notice does not prevent the
dropping of employee concerned from government
service – not being jurisdictional in nature as held in
Quezon vs. Borromeo.
Pastor vs. City of Pasig (2002)
Facts:
Pastor was appointed Budget Officer of Pasig with
her appointment having been confirmed by the
Department of Budget and Management.
Mayor Eusebio issued a memo relieving Pastor from
her position and she was reassigned to the Office of
the Administrator.
Pastor filed a complaint with CSC and claimed for
reinstatement.
CSC ruled in favor of Pastor. Mayor Eusebio
complied by designation Pastor as head of Pasig City
Hall Annex.
CSC once again ruled for Pastor.
CA held that the reassignment was a valid exercise of
the "extraordinary powers of the respondent City
Government. It pointed out that the reassignment to
the Office of the Municipal Administrator was only
"temporary in nature" and that, in designating
petitioner as head of the City Hall Annex, the city
government had substantially complied with the first
CSC Resolution.
Held: CA erred. Pastor’s reassignment amounts to a
constructive removal without cause from the service.
It has been held that a reassignment that is indefinite
and results in a reduction in rank, status, and salary
is in effect a constructive removal from the service.
Pastor’s reassignment to different offices in the local
government of Pasig City is indefinite. Pastor has
been on virtual floating assignments which cannot but
amount to a diminution of her rank, hence
impermissible under the law.
For all intents and purposes, her reassignment,
lasting nearly ten years now, is a removal without
cause as Budget Officer of the City of Pasig. Indeed,
her duties in her new assignment as head of the
Pasig City Hall Annex show the "more than
temporary" nature of her reassignment.
That she has suffered a diminution in her rank is also
evident. As head of the Pasig City Hall Annex,
Pastor's budget proposals f will be subject to review
by the City Budget Officer. Moreover, the position of
City Budget Officer is created by statute, while that of
the head of the Pasig City Hall Annex is created by
mere ordinance.
Garcia vs. Pajaro (2002)
Facts:
Garcia, an employee at the Dagupan City Treasurer’s
Office, was ordered suspended by City Treasurer
because of a Formal Charge against him.
During his suspension, Garcia still reported for work
not honoring the suspension order.
Held: The City Treasurer has authority to discipline
petitioner who is an employee at the Treasurer’s
Office.
Under the present LGC, appointive officers and
employees of LGUs are covered by the Civil Service
Law, and those promulgated pursuant thereto. Also,
the investigation and the adjudication of
administrative complaints against appointive local
officials and employees, as well as their suspension
and removal, shall be in accordance with the Civil
Service Law and rules and other pertinent laws.
BookV of 1987 Administrative Code is the primary
law governing appointive officials and employees in
the government and it enumerates the grounds for
disciplining them.
The power to discipline is specifically granted by
Sec47 of the 1987 Administrative Code to heads of
departments, agencies and instrumentalities,
provinces and cities.
On the other hand, the power to commence
administrative proceedings against a subordinate
officer or employee is granted by Sec34 of the
Omnibus Rules Implementing BookV of Admin Code
to the secretary of a department, head of office of
equivalent rank, head of LGU, chief of an agency, the
regional director or a person with a sworn written
complaint.
Further, the city treasurer may institute, motu propio,
disciplinary proceedings against a subordinate officer
or employee. Local Administrative Regulations No.2-
85 authorized the Secretary of Finance, the Regional
Director, and head of a local treasury or an
assessment office to start administrative disciplinary
action against officers or employees subordinate to
them.
Sec455(b-1-x) of 1991LGC stating that the city mayor
“may cause to be instituted administrative or judicial
proceedings against any official or employee of the
city” is not incongruent with the provisions of the
1987 Administrative Code which authorizes heads of
agencies to discipline subordinate employees.
There is in fact no provision in the 1991LGC
expressly rescinding the authority of the DOF to
exercise disciplinary authority over its employees.
Likewise, there is nothing that prohibits the city
treasurer from filing a complaint against his
subordinate.
Power to discipline evidently includes the power to
investigate.
HOW-TO GUIDE: Masturbation by Tamar Love
Masturbation used to be an utterly taboo subject. We
were told touching ourselves was dirty and wrong,
that if we did it we'd go crazy or grow hair on our
palms. If these lies were spread to keep us from
pleasuring ourselves, it worked: in the mid-20th
century, only 50% of men and far fewer women
owned up to masturbating. The women's movement,
better health education and increased levels of body
consciousness have done wonders for masturbation's
bad rap. Now, according to the Kinsey Institute, 92%
of males and 62% of females report having
masturbated. In fact, single females report that
masturbation is their most important sexual outlet.
We must be growing more enlightened as a culture!
Masturbation is fun, healthy and safe. In fact, it's the
safest form of sex you can practice. You can't become
pregnant or contract an STD from masturbating, nor
will your hands cheat on you, lie about how good it
was, or spend all your money. If you're one of the
few who hasn't touched themselves, give it a try.
What can it hurt? At the worst, you won't care for it
much. At best, you'll discover an exciting new way to
relieve stress, celebrate your body, relieve sexual
tension and give yourself a whole lotta pleasure.
Even if you've been masturbating for years, a little
variety never hurt anyone. Have you tried using
different kinds of lube when you masturbate? Most
men have tried some form of lubricant, but
surprisingly few women have. Try a couple of
different brands and types... a little moisture adds a
lot to the experience. What about sex toys? Many
women have tried vibrators, dildos and clitoral
stimulators, but few men have tried sheaths, penis
pumps or cyberskin vaginas--all of which can be a lot
more fun than your bare hands. Whether you're a
newbie or a pro at self love, relax, take your pants off,
and try some of these tricks for a zestier solo sex
experience.
(continued…)
Q&A with Dr. Sandor Gardos
Question
I love my boyfriend very much but he is just not very
good in bed. Although he tries, he is frequently
"barking up the wrong tree" with where he touches
me -- if you know what I mean. I don't really want to
hurt his feelings by telling him he is doing things
wrong, but I also want to be satisfied. Any
suggestions?
Answer
While I am all for open, detailed conversations, I
agree that yelling out "stop that" or "not there" in bed
is probably not the ideal approach. Generally, it's best
to focus on the positive when communicating with a
partner about sexual matters. For example, instead of
saying, "Don't do that!" when he is missing the mark,
try saying, "Oh yes! Just like THAT!" when he hits the
spot. You can also lean over and whisper in his ear,
"You know what would really turn me on?" then
suggest what you'd like!
Another option is to masturbate in front of your
partner. You can make it into a little erotic game,
taking turns, or doing it at the same time. You might
even learn something more about what he likes.
If you don't think you can bring yourself to say
anything or masturbate in front of him, the best
approach is to take his hand gently and place it
where you want it. Show him where you like to be
touched, how hard, how fast, etc. While I appreciate
that you don't want to hurt his feelings, most men
report that they like it when women give them
more clear feedback about what they like. However
you approach it, you will certainly be doing both of
you a service!
Practice of Profession & Related LGC Provisions
Sec31. Submission of Municipal Questions to the
Provincial Legal Officer or Prosecutor. — In the
absence of a municipal legal officer, the municipal
government may secure the opinion of the
provincial legal officer, and in the absence of the
latter, that of the provincial prosecutor on any legal
question affecting the municipality.
Sec90. Practice of Profession. —
(a) All governors, city and municipal mayors are
prohibited from practicing their profession or
engaging in any occupation other than the exercise
of their functions as local chief executives.
(b) Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided,
That sanggunian members who are also members
of the Bar shall not:
(1) Appear as counsel before any court in any
civil case wherein a local government unit or
any office, agency, or instrumentality of the
government is the adverse party;
(2) Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of an
offense committed in relation to his office.
(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
and
(4) Use property and personnel of the
government except when the sanggunian
member concerned is defending the interest
of the government.
(c) Doctors of medicine may practice their
profession even during official hours of work only
on occasions of emergency: Provided, That the
officials concerned do not derive monetary
compensation therefrom.
Sec443. Officials of the Municipal Government. —
(a) There shall be in each municipality a
municipal mayor, a municipal vice-mayor,
sangguniang bayan members, a secretary to the
sangguniang bayan, a municipal treasurer, a
municipal assessor, a municipal accountant, a
municipal budget officer, a municipal planning and
development coordinator, a municipal
engineer/building official, a municipal health officer
and a municipal civil registrar.
(b) In addition thereto, the mayor may appoint a
municipal administrator, a municipal legal officer, a
municipal agriculturist, a municipal environment
and natural resources officer, a municipal social
welfare and development officer, a municipal
architect, and a municipal information officer.
(c) The sangguniang bayan may:
(1) Maintain existing offices not mentioned in
subsections (a) and (b) hereof;
(2) Create such other offices as may be
necessary to carry out the purposes of the
municipal government; or
(3) Consolidate the functions of any office with
those of another in the interest of efficiency
and economy.
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
municipal mayor with the concurrence of the
majority of all the sangguniang bayan members,
subject to civil service law, rules and regulations.
The sangguniang bayan shall act on the
appointment within fifteen (15) days from the date
of its submission; otherwise, the same shall be
deemed confirmed.
(e) Elective and appointive municipal officials
shall receive such compensation, allowances and
other emoluments as may be determined by law or
ordinance, subject to the budgetary limitations on
personal services as prescribed in Title Five, Book
Two of this Code: Provided, That no increase in
compensation of the mayor, vice-mayor, and
sangguniang bayan members shall take effect until
after the expiration of the full term of all the elective
local officials approving such increase.

Sec481. Qualifications, Terms, Powers and
Duties. —
(a) No person shall be appointed legal officer
unless he is a citizen of the Philippines, a resident
of the local government concerned, of good moral
character, and a member of the Philippine Bar. He
must have practiced his profession for at least five
(5) years in the case of the provincial and city legal
officer, and three (3) years in the case of the
municipal legal officer.
The term of the legal officer shall be coterminous
with that of his appointing authority.
The appointment of legal officer shall be mandatory
for the provincial and city governments and optional
for the municipal government.
(b) The legal officer, the chief legal counsel of
the local government unit, shall take charge of the
office of legal services and shall:
(1) Formulate measures for the consideration of
the sanggunian and provide legal assistance
and support to the governor or mayor, as the
case may be, in carrying out the delivery of
basic services and provisions of adequate
facilities as provided for under Section 17 of
this Code;
(2) Develop plans and strategies and upon
approval thereof by the governor or mayor,
as the case may be, implement the same,
particularly those which have to do with
programs and projects related to legal
services which the governor or mayor is
empowered to implement and which the
sanggunian is empowered to provide for
under this Code;
(3) In addition to the foregoing duties and
functions, the legal officer shall:
(i) Represent the local government unit
in all civil actions and special proceedings
wherein the local government unit or any
official thereof, in his official capacity, is a
party: Provided, That, in actions or
proceedings where a component city or
municipality is a party adverse to the
provincial government or to another
component city or municipality, a special
legal officer may be employed to represent
the adverse party;
(ii) When required by the governor,
mayor or sanggunian, draft ordinances,
contracts, bonds, leases and other
instruments, involving any interest of the
local government unit and provide comments
and recommendations on any instrument
already drawn;
(iii) Render his opinion in writing on any
question of law when requested to do so by
the governor, mayor or sanggunian;
(iv) Investigate or cause to be
investigated any local official or employee for
administrative neglect or misconduct in office,
and recommend appropriate action to the
governor, mayor or sanggunian, as the case
may be;
(v) Investigate or cause to be
investigated any person, firm or corporation
holding any franchise or exercising any
public privilege for failure to comply with any
term or condition in the grant of such
franchise or privilege, and recommending
appropriate action to the governor, mayor or
sanggunian, as the case may be;
(vi) When directed by the governor,
mayor, or sanggunian, initiate and prosecute
in the interest of the local government unit
concerned any civil action on any bond,
lease or other contract upon any breach or
violation thereof; and
(vii) Review and submit
recommendations on ordinances approved
and execute orders issued by component
units;
(3) Recommend measures to the sanggunian
and advise the governor or mayor as the
case may be on all other matters related to
upholding the rule of law;
(4) Be in the frontline of protecting human rights
and prosecuting any violations thereof,
particularly those which occur during and in
the aftermath of man-made or natural
disasters or calamities; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Javellana vs. DILG (1992)
Facts:
City Engineer Divinagracia filed an Admin. Case
against Atty. Javellana (elected City Councilor) for:
- continuously engaging in the practice of law
without securing the authorization of the Regional
Director as required by DILG Memo Circular
No.80-38 in relation to DLG Memo Circular No.
74-58, and
- for being counsel for Javiero and Catapang,
who filed a case against him for illegal dismissal,
putting him in public ridicule.
During pendency of said admin case, Javellana
requested the DLG for a permit to continue his
practice of law. Request granted.
Memo Circular 90-81 was issued setting forth the
guidelines for the practice of professions by local
elective officials.
1991LGC was enacted.
Held:
1. Javellana violated Memorandum Circular 74-
58 prohibiting government officials from engaging
 in private practice if it would represent interests
adverse to the government.
The illegal dismissal case filed by Javiero and
Catapang against Divinagracia is in effect a
complaint against the City Govt., their real employer,
of which Javellana is a councilman.
Judgment then against City Eng. Divinagracia would
be a judgment against the City Govt.
By serving as counsel for the complaining employees
and assisting them to prosecute their claims against
the City Eng., Javellana violated Memo Circ 74-58
which prohibits govt. officials from engaging in the
private practice of his profession, if such practice
would represent interests adverse to the government.
2. Memorandum Circular 90-81 and Sec90 of
LGC do not violate ArtVIII, Sec5 of Constitution.
MC 90-81 and the LGC simply prescribe rules of
conduct for public officials to avoid conflicts of
interest between the discharge of their public officials
and the private practice of their profession, in those
instances where the law allows it.
3. Sec90 of LGC does not discriminate against
lawyers and doctors.
It applies to all provincial and municipal officials in the
profession or engaged in any occupation.
If there are some prohibitions that apply particularly
to lawyers, it is because of all professions, the
practice of law is more likely than others to relate to,
or affect, the area of public service.
Ramos vs. CA (1981)
Facts:
Municipality of Hagonoy filed a suit to recover its 74-
ha fishpond through the law firm of Cruz Durian and
Academia
Par. 19 of complaint alleged that the municipality had
obligated itself to pay the law firm not less than 20%
of the amount to be recovered as attorney’s fees.
Provincial Fiscal and municipal attorney entered their
appearance as counsel for municipality with the
manifestation that private counsel would be under
their supervision and control.
Lessee and sublessee of fishpond moved to dismiss
the Cruz law firm from serving as counsel of the
municipality.
TC denied motion. Found that Cruz, the head of the
law firm, volunteered to act as counsel due to his
desire to serve his native town. CA affirmed.
Held: Cruz law firm cannot serve as counsel of
municipality.
To allow them to serve as counsel of the municipality
is a transgression of:
1. Sec 1683 of the Revised Admin Code which
provides that “the provincial fiscal shall represent
the province and any municipality or mun. district
thereof in any court, except (1)in cases where
original jurisdiction is vested in the SC or (2)in
cases where the municipality or the municipal
district in question is a party adverse to the
provincial govt. or to some other municipality or
municipal district in the same province.”
2. Sec 3 Local Autonomy Act which provides
that “the municipal attorney as head of the legal
division or office of a municipality” shall act as
legal counsel of the municipality xxx
3. settled jurisprudence where it was held that
the municipality’s authority to employ a private
lawyer is expressly limited only to situations
where the provincial fiscal is disqualified t o
represent it.
The municipality should not be burdened with the
expenses of hiring a private lawyer. Lawmakers
assumed that the interests of the municipality would
be best protected if a government lawyer handles its
litigation.
The fact that the municipal attorney and the fiscal are
supposed to collaborate with a private law firm does
not legalize the latter’s representation of the
municipality. While a private prosecutor is allowed in
criminal cases, an analogous arrangement is not
allowed in civil cases wherein a municipality is the
plaintiff
Section 1683 of the Revised Admin Code is clear in
providing that only the provincial fiscal and the
municipal attorney can represent a municipality in its
lawsuits. That provision is mandatory.
J. BARREDO separate opinion:
A municipality or province should be allowed to seek
the help of competent counsel if it feels its case is of
such importance that the services of the fiscal and
the municipal attorney would be inadequate and the
assistance of private counsel is offered gratis.
DanGat Notess: Rule on Representation –
Civil Cases – Legal Officer
 Mandatory for Province and City
 Optional for Municipality (so Prosecutor
represents based on case law )
Criminal Cases – Prosecutor; Private Prosecutor
allowed
Administrative Cases – Legal officer
LGC and Case Law applied – Provincial Prosecutor
still represents municipality subject to certain
exceptions
Pililla vs. CA (1994)
Facts:
In connection with the execution of the judgment in
favor of the municipality of Pililla, Atty. Felix Mendiola
filed a motion in behalf of the municipality with the
RTC for the examination of the PPC’s gross sales for
certain years for the purpose of computing the tax on
business imposed under the Local Tax Code.
PPC filed a motion questioning Mendiola’s authority
to represent the municipality.
Held: Atty. Mendiola has no authority to file a petition
in behalf and in the name of the municipality.
Private attys. cannot represent a province or
municipality in lawsuits.
1. Under Sec. 1683 of the Revised
Administrative Code, complemented by Sec. 3 of
RA 2264 (Local Autonomy Law), only the
provincial fiscal and the municipal attorney
can represent a province or municipality in
their lawsuits. The provision is mandatory.
The municipality's authority to employ a
private lawyer is expressly limited only to
situations where the provincial fiscal is
disqualified to represent it.
For the exception to apply, the fact that the provincial
fiscal was disqualified to handle the municipality's
case must appear on record. In the CAB, there is
nothing to show that the provincial fiscal is
disqualified to act as counsel for the municipality on
appeal, hence the appearance of private counsel is
without authority of law.
2. The fiscal's refusal to represent the
municipality is not a legal justification for
employing the services of private counsel.
Unlike a practising lawyer who has the right to
decline employment, a fiscal cannot refuse to
perform his functions on grounds not provided for
by law without violating his oath of office.
3. Instead of engaging the services of a
special attorney, the municipal council should
request the Sec. of Justice to appoint an
acting provincial fiscal in place of the
provincial fiscal who has declined to handle
and prosecute its case in court, pursuant to
Sec. 1679 of the RAC.
4. It is also significant that the lack of authority
of Mendiola was even raised by the municipality
itself in its comment and opposition to said
counsel's motion for execution of his lien, which
was filed with the court by the office of the
Provincial Prosecutor of Rizal in behalf of said
municipality.
5. The contention of Mendiola that PPC cannot
raise for the first time on appeal his lack of
authority to represent the municipality is
untenable. The legality of his representation can
be questioned at any stage of the proceedings.
6. Even assuming that the representation of the
municipality by Mendiola was duly authorized,
said authority is deemed to have been revoked
by the municipality when the latter, through the
mayor and without said counsel's participation,
entered into a compromise agreement with PPC
with regard to the execution of the judgment in its
favor and thereafter filed personally with the court
2 pleadings constitutive of a "Satisfaction of
Judgment" and a "Release and Quitclaim."
A client, by appearing personally and presenting a
motion by himself, is considered to have impliedly
dismissed his lawyer. Herein counsel cannot pretend
to be authorized to continue representing the
municipality since the latter is entitled to dispense
with his services at any time.
The client has also an undoubted right to
compromise a suit without the intervention of his
lawyer. Even the lawyers' right to fees from their
clients may not be invoked by the lawyers
themselves as a ground for disapproving the
approval of a compromise agreement.
7. That it is impossible that municipality will file
a similar petition considering that the mayor who
controls its legislative body will not take the
initiative is conjectural and without factual basis.
There is presently a manifestation and motion
pending with RTC filed by the mayor for withdrawal of
Satisfaction and Quitclaim previously filed.
Ramos vs. CA (1997)
Facts:
Petitioners and the Baliuag Market Vendors
Association filed a petition before the RTC for the
declaration of nullity of Municipal Ordinances Nos91
and 7 and the contract of lease over a commercial
arcade to be constructed in the municipality
At the pre-trial conference, Atty. Roberto Romanillos
appeared, manifesting that he was counsel for the
municipality. He also filed a motion to dissolve
injunction and other pleadings.
Provincial Attorney Regalado appeared as
collaborating counsel of Romanillos. The Provincial
Fiscal did not appear. It was Romanillos who
submitted the Reply to petitioners' Opposition to the
motion to dissolve injunction. Romanillos also
submitted a written formal offer of evidence for the
municipality.
Petitioners questioned the personality of Romanillos
to appear as counsel for the municipality. The
petitioners also sought to disqualify Romanillos from
appearing as counsel for the municipality and to
declare null and void the proceedings participated in
by Romanillos.
Meanwhile, Romanillos and Regalado filed a joint
motion stating that Romanillos was withdrawing as
counsel for the municipality and that Regalado, as his
collaborating counsel is adopting the entire
proceedings participated in by Romanillos.
Held:
1. A private lawyer cannot represent the
municipality in CAB.
Under Sec. 1683 of the Revised Administrative Code,
private attorneys cannot represent a province or
municipality in lawsuits.
The provincial fiscal's functions as legal officer and
adviser for the civil cases of a province and
corollarily, of the municipalities thereof, were
subsequently transferred to the provincial attorney.
Only the provincial fiscal, provincial attorney, and
municipal attorney should represent a was private counsel for the municipality would have
municipality in its lawsuits. Only in exceptional
instances may a private attorney be hired by a
municipality to represent it in lawsuits. The ff. are the
exceptional instances:
a. If and when original jurisdiction of a
case involving the municipality is vested in the
SC
b. When the municipality is a party
adverse to the provincial government or to some
other municipality in the same province
c. When, in a case involving the
municipality, he, or his wife, or child, is
pecuniarily involved, as heir, legatee, creditor or
otherwise.
None of the exceptions is present in this case. It
may be said that Romanillos appeared for the
municipality inasmuch as he was already counsel of
Kristi Corporation which was sued with the
municipality in this same case.
The order of the court stated that Romanillos
"entered his appearance as collaborating counsel of
the provincial prosecutor and the provincial attorney."
This collaboration is contrary to law.
Private lawyers may not represent municipalities
on their own. Neither may they do so even in
collaboration with authorized government
lawyers. This is anchored on the principle that
only accountable public officers may act for and
in behalf of public entities and that public funds
should not be expended to hire private lawyers.
Petitioners cannot be held in estoppel for questioning
the legality of the appearance of Romanillos,
notwithstanding that they questioned the witnesses of
the municipality during the hearing of its motion to
dissolve the preliminary injunction.
The legality of the representation of an
unauthorized counsel may be raised at any stage
of the proceedings.
2. Nevertheless, the adoption by the Provincial
Attorney of the proceedings participated in by
Atty. Romanillos has validated the proceedings.
In sum, although a municipality may not hire a
private lawyer to represent it in litigations, in the
interest of substantial justice however, a
municipality may adopt the work already
performed in good faith by such private lawyer,
which work is beneficial to it
o provided that no injustice is
thereby heaped on the adverse party and
o provided further that no
compensation in any guise is paid therefor by
said municipality to the private lawyer.
Unless so expressly adopted, the private lawyer's
work cannot bind the municipality.
It does not appear that the adoption of proceedings
participated in or undertaken by Romanillos when he
resulted in any substantial prejudice to petitioners'
interest.
To declare the said proceedings null and void —
notwithstanding the formal adoption thereof by
Regalado as Provincial Attorney — and to require
trial anew to cover the same subject matter, to hear
the same witnesses and to admit the same evidence
adduced by the same parties cannot enhance the
promotion of justice.
3. A motion to withdraw the appearance of an
unauthorized lawyer is a non-adversarial motion
that need not comply with Sec14, Rule15 as to
notice to the adverse party.
Alinsug vs. RTC (1993)
Facts:
Alinsug, received a permanent appointment as Clerk
III in the Office of the Municipal Planning and
Development Coordinator. She was later detailed to
the office of the mayor.
Mayor Ponsica issued Office Order No.
31suspending Zonsayda for one month and one day
commencing for "a simple misconduct which can also
be categorized as an act of insubordination."
Alinsug petitioned against the Mayor and the
municipal treasurer.
Mayor Ponsica and the municipal treasurer filed an
answer through private practitioner Samuel SM
Lezama, and filed a counterclaim.
Petitioner opposed – since they were sued in their
official capacities, "not including their private
capacities," they should have been represented by
either the municipal legal officer or the provincial
legal officer or prosecutor as provided for by Sec. 481
(b) [i] and [3] of the Local Government Code.
Held: A private counsel may represent municipal
officials being sued in their official capacities.
Section 481, Article 11 of Title V of the Code specifies
that a legal officer can:
(i) Represent the local government unit in all
civil actions and special proceedings wherein the
local government unit or any official thereof, in his
official capacity, is a party: Provided, that in actions
or proceedings where a component city or
municipality is a party adverse to the provincial
government or to another component city or
municipality, a special legal officer may be
employed to represent the adverse party;
It appears that the law allows a private counsel to be
hired by a municipality only when the municipality is
an adverse party in a case involving the provincial
government or another municipality or city within the
province
Court sanctions the representation by private counsel
when the official charged is found to have exceeded
his authority and is therefore personally liable for the
effects thereof
Where rigid adherence to the law on representation
of local officials in court actions could deprive a party
of his right to redress for a valid grievance, the hiring
of a private counsel would be proper.
In Albuera v. Torres: a provincial governor sued in his
official capacity may engage the services of private
counsel when "the complaint contains other
allegations and a prayer for moral damages, which, if
due from the defendants, must be satisfied by them
in their private capacity."
Look at the nature of the action and the relief sought:
CAB: admittedly suit was file against respondents as
public officials, BUT
- Certain allegations were beyond official duties of
the officers: harassment and political vendetta
- petition then claims moral and exemplary
damages, as well as litigation expenses
- personal liability of the officials concerned
Mancenido vs. CA (2000)
Facts:
Mancenido filed an action for mandamus and
damages with the RTC against the Provincial Board,
the school board, the provincial governor, provincial
treasurer and provincial auditor to pay the teachers’
claim for unpaid salary increases.
The RTC rendered a decision ordering the Provincial
School Board to appropriate amount as unpaid salary
increases and to satisfy the claim.
Private respondents then filed a petition for
mandamus, prohibition and injunction with the court
of appeals with the prayer, among other things, that
their notice to appeal be given due course and the
trial court be prohibited from enforcing the partial
execution of its judgment. Appellate court rendered a
decision favorable to private respondents.
Held: A private counsel may represent municipal
officials sued in their official capacities depending on
the nature of the action and the relief sought.
In a line of cases, the SC held that only when the
provincial fiscal is disqualified may the municipal
council be authorized to hire the services of a special
attorney.
The following are the instances when the provincial
public prosecutor is disqualified from representing a
particular municipality:
1. When the jurisdiction of a case involving the
municipality lies with the Supreme Court
2. When the municipality is a party adverse to the
provincial government or to some other
municipality in the same province
3. When in a case involving the municipality, the
provincial prosecutor, his spouse, his child is
involved as a creditor, legatee, or otherwise.
In resolving whether a local government official may
secure the services of a private counsel in an action
filed against him in his official capacity, the nature of
the action and the relief sought are to be considered.
Instances when representation by private counsel of
a public official sued in his official capacity was
allowed:
1. Where the complaint contained other
allegations and a prayer for moral damages,
which if due from the defendants must be
satisfied by them in their private capacity.
2. Where rigid adherence to the law on
representation would deprive a part of his right to
redress for a valid grievance
In view of the damages sought which, if granted,
could result in personal liability, respondents could
not be deemed to have been improperly represented
by private counsel. Hence, CA did not err when it
recognized the right of respondents to be
represented by private counsel.
Natividad vs. Felix (1994)
Facts:
Natividad was Municipal Mayor of Ramos, Tarlac. An
information for the murder of Severino Aquino at the
Ramos Police Station was filed against Mayor
Natividad and one Boy Llerina before the sala of
Judge Felix of RTC. A warrant for his arrest was
issued.
Upon motion, Judge Felix recalled the warrant &
remanded the case for further prelim investigation.
The panel of prosecutors submitted an amended
information with a resolution that probable cause
exists.  Judge Felix admitted the amended
information and again directed the issuance of a
warrant of arrest against Natividad.
Natividad moved to remand the case for prelim
investigation with motion to quash the warrant,
contending that the Ombudsman and not the
Provincial Prosecutor had jurisdiction to conduct the
prelim investigation and that the proper court w/c had
jurisdiction over the case was the Sandiganbayan 
denied.
Held: Ombudsman has no jurisdiction to conduct a
preliminary investigation over the case.
The Ombudsman’s primary jurisdiction is dependent
on the cases cognizable by the Sandiganbayan,
hence, legislation relative to the jurisdiction of the
Sandiganbayan must be traced.
§4 (a)(2) of the latest law on the Sandiganbayan, PD
1861, requires that the ff. requisites concur for a case
to fall under the jurisdiction of the Sandigan:
- the offense committed by the public officer
must be in relation to his office; and
- the penalty prescribed must be higher than
prision correccional (or imprisonment for 6yrs) or
a fine of P6K
CAB: The 1st requirement is absent.
PD1861 should be taken into consideration in the
application & interpretation of Art. XI §§12-13 of the
1987 Consti and the Ombudsman Act of 1989
because PD1861 is in pari materia20 to Art. XI and the
Ombudsman Act.
A statute must be interpreted, not only to be
consistent w/ itself, but also to harmonize w/ other
laws on the same subject matter, as to form a
complete, coherent and intelligible system.
The offense was NOT committed in the performance
of the mayor’s responsibility to maintain peace &
order. (The victim was allegedly a robbery & NPA
suspect, under investigation at the time he was killed
at the police station).
 The alleged act does not fall under any of the
functions of municipal mayor under §444 of the LGC.
Neither may it be implied therefrom.
Assuming that the act was in the performance of
petitioner’s official functions, thus satisfying the 1 st
requirement, still the Ombudsman has only primary
jurisdiction over cases cognizable by the
20
Statutes are in pari materia when they relate to the same person or
thing or to the same class of persons or things, or object, or cover the
same specific or particular subject matter.
Sandiganbayan, not EXCLUSIVE original jurisdiction.
His authority is a shared or concurrent authority with
similarly authorized agencies of the govt in respect of
the offense charged.
 §15(1) of RA6770 (Ombudsman Act of 1989) uses
the word “may” in regard to the Ombudsman’s
assumption of its primary jurisdiction over cases
cognizable by the Sandiganbayan. It follows that the
Ombudsman’s powers are but directory in nature.
Masturbation (Part 2)
Masturbation Tips for Girls
If you're masturbating for the first time--or even if
you're a seasoned pro--take a few moments to relax,
heighten your senses and explore your body. Dim the
lights, turn on some soft, sensual music, light a few
candles and burn some incense. You may feel a little
silly making all these preparations just to have sex
with yourself, but try it at least once and see if you
like it. Many women are surprised at their bodies'
responses to a sensual environment.
Once the room is ready, remove your clothes and
recline on the bed or sofa. Make sure you're
completely comfortable; try propping your elbows on
a few pillows. Then begin to explore your body.
Stroke your breasts, belly and thighs. Feel your skin
raise into goosebumps as you become aroused by
your own touch. Don't leave an inch of skin
unexplored: search out and touch all the places on
your body you don't consider to be "sexual," such as
the backs of your knees, your underarms, the crevice
between your vulva and inner thighs. You'll soon
find out what turns you on.
When you're completely comfortable with your
body, move your hands between your legs. If this is
difficult or uncomfortable for you, start slow. Get out
a hand mirror and a flashlight and look at yourself.
Many women have never done this before and have
no idea what they look like. In order to feel
completely comfortable masturbating, you need to
understand your anatomy. Pull your labia apart and
examine your clitoris and vaginal opening. Try
stroking your clitoris and watch what happens. As
you become aroused, blood will flow to your clitoris,
enlarging it and turning it a deep shade of red--much
like a man's erect penis. The sensitive skin below
your clitoris, surrounding your vaginal opening, may
become puckered, like the goosebumps on your arms
and legs. Don't worry! It's a perfectly natural
response to arousal.
(continued…)
The Local Boards
Local School Boards
Sec98. Creation, Composition, and
Compensation. —
(a) There shall be established in every province,
city, or municipality a provincial, city, or municipal
school board, respectively.
(b) The composition of local school boards shall be
as follows:
(1) The provincial school board shall be composed
of the governor and the division
superintendent of schools as co-chairman;
the chairman of the education committee of
the sangguniang panlalawigan, the provincial
treasurer, the representative of the
"pederasyon ng mga sangguniang kabataan"
in the sangguniang panlalawigan, the duly
elected president of the provincial federation
of parents-teachers associations, the duly
elected representative of the teachers'
organizations in the province, and the duly
elected representative of the non-academic
personnel of public schools in the province,
as members;
(2) The city school board shall be composed of the
city mayor and the city superintendent of
schools as co-chairmen; the chairman of the
education committee of the sangguniang
panlungsod, the city treasurer, the
representative of the "pederasyon ng mga
sangguniang kabataan" in the sangguniang
panlungsod, the duly elected president of the
city federation of parents- teachers
associations, the duly elected representative
of the teachers' organizations in the city, and
the duly elected representative of the non-
academic personnel of public schools in the
city, as members; and
(3) The municipal school board shall be composed
of the municipal mayor and the district
supervisor of schools as co-chairmen; the
chairman of the education committee of the
sangguniang bayan, the municipal treasurer,
the representative of the "pederasyon ng
mga sangguniang kabataan" in the
sangguniang bayan, the duly elected
president of the municipal federation of
parent-teacher associations, the duly elected
representative of the teachers' organizations
in the municipality, and the duly elected
representative of the non-academic
personnel of public schools in the
municipality, as members.
(c) In the event that a province or city has two (2) or
more school superintendents, and in the event that
a municipality has two (2) or more district
supervisors, the co-chairman of the local school
board shall be determined as follows:
(1) The Department of Education, Culture and
Sports shall designate the co-chairman for
the provincial and city school boards; and
(2) The division superintendent of schools shall
designate the district supervisor who shall
serve as co-chairman of the municipal school
board.
(d) The performance of the duties and
responsibilities of the abovementioned officials in
their respective local school boards shall not be
delegated.
Sec99. Functions of Local School Boards. — The
provincial, city or municipal school board shall:
(a) Determine, in accordance with the criteria set by
the Department of Education, Culture and Sports,
the annual supplementary budgetary needs for the
operation and maintenance of public schools within
the province, city, or municipality, as the case may
be, and the supplementary local cost of meeting
such as needs, which shall be reflected in the form
of an annual school board budget corresponding to
its share of the proceeds of the special levy on real
property constituting the Special Education Fund
and such other sources of revenue as this Code
and other laws or ordinances may provide;
(b) Authorize the provincial, city or municipal
treasurer, as the case may be, to disburse funds
from the Special Education Fund pursuant to the
budget prepared and in accordance with existing
rules and regulations;
(c) Serve as an advisory committee to the
sanggunian concerned on educational matters
such as, but not limited to, the necessity for and the
uses of local appropriations for educational
purposes; and
(d) Recommend changes in the names of public
schools within the territorial jurisdiction of the local
government unit for enactment by the sanggunian
concerned.
The Department of Education, Culture and Sports
shall consult the local school board on the
appointment of division superintendents, district
supervisors, school principals, and other school
officials.
Sec100. Meetings and Quorum; Budget. —
(a) The local school board shall meet at least once
a month or as often as may be necessary.
(b) Any of the co-chairmen may call a meeting. A
majority of all its members shall constitute a
quorum. However, when both co-chairmen are
present in a meeting, the local chief executive
concerned, as a matter of protocol, shall be given
 preference to preside over the meeting. The
division superintendent, city superintendent or
district supervisor, as the case may be, shall
prepare the budget of the school board concerned.
Such budget shall be supported by programs,
projects, and activities of the school board for the
ensuing fiscal year. The affirmative vote of the
majority of all the members shall be necessary to
approve the budget.
(c) The annual school board budget shall give
priority to the following:
(1) Construction, repair, and maintenance of school
buildings and other facilities of public
elementary and secondary schools;
(2) Establishment and maintenance of extension
classes where necessary; and
(3) Sports activities at the division, district,
municipal, and barangay levels.
Sec101. Compensation and Remuneration. — The
co-chairmen and members of the provincial, city or
municipal school board shall perform their duties as
such without compensation or remuneration.
Members thereof who are not government officials
or employees shall be entitled to necessary
traveling expenses and allowances chargeable
against the funds of the local school board
concerned, subject to existing accounting and
auditing rules and regulations.
Cebu Province COA v. Province of Cebu (2001)
The salaries and personnel-related benefits of the
public school teachers in connection with the
establishment and maintenance of extension classes
may be charged to the SEF. The deliberations on the
LGC clearly demonstrated that the legislature
intended the SEF to answer for the compensation of
teachers handling extension classes.
Even under the Doctrine of Necessary Implication,
the allocation of the SEF for the establishment and
maintenance of extension classes logically implies
the hiring of teachers who should, as a matter of
course, be compensated for their services.
The operation and maintenance of public schools are
lodged principally with the DECS. This is why only
salaries of public school teachers appointed for
extension classes pertain to the supplementary
budget of the local school boards. So, not every kind
of personnel-related benefits may be charged to the
SEF.
But scholarship grants are not among the projects
chargeable to the SEF. This item was omitted
intentionally from the LGC. The Doctrine of
Necessary Implication cannot be applied, since
scholarship grants are neither necessary nor
indispensable to the operation and maintenance of
public schools. Such grants should be charged
instead to the General Funds of the province.
Osea v. Malaya (2002)
Osea prays for the recall of respondent's
appointment. She avers that
1. she was appointed as Officer-in-charge,
Assistant Schools Division Superintendent of
Camarines Sur by DECS Sec. Gloria, upon
endorsement of the Provincial School Board of
Camarines Sur
2. despite the recommendation of Gloria, Pres.
Ramos instead appointed Malaya to the position
of Schools Division Superintendent of
Camarines Sur
3. Malaya's appointment was made without prior
consultation with the Provincial School Board, in
violation of Section 99 of the LGC.
CSC found that Ramos appointed respondent from
OIC Schools Division Superintendent of Iriga City to
Schools Division Superintendent without any specific
Division. Subsequently, Gloria designated
respondent as Schools Division Superintendent of
Camarines Sur and petitioner as Schools
Division Superintendent of Iriga City.
Held: Osea’s petition has no merit.
 Sec. 99 applies to appointments made by the
DECS, because when the LGC was enacted,
Schools Division Superintendents were
appointed by the DECS to specific division or
location. In 1994, the Career Executive Service
Board issued Memorandum Circular 21 placing
the positions of Schools Division Superintendent
within the career executive service.
Consequently, the power to appoint persons to
career executive service positions was
transferred from the DECS to the President. The
appointment may not be specific as to location.
The perogative to designate the appointees to
their particular stations was vested in the DECS.
 The appointment issued by Ramos in favor of
Malaya as Schools Division Superintendent did
not specify her station. It was Sec Gloria who
assigned respondent to the Division of
Camarines Sur, and Osea to the division of Iriga
City.
 Hence, these designations partook of a nature of
reassignments. These do not need prior
consultation with the local school board.
 Appointment: the selection, by the authority
vested with the power, of an individual who is to
exercise the functions of a given office.
Reassignment: merely a movement of an
employee from one organizational unit to
another in the same department or agency
 which does not involve a reduction in rank,
status or salary and does not require the
issuance of an appointment.
From class notes:
Transfer of appointment by virtue of memorandum
circular has become an accepted practice. But sir
doubts if this is correct.
Local Health Boards
Sec102. Creation and Composition. — (a) There
shall be established a local health board in every
province, city, or municipality. The composition of
the local health boards shall be as follows:
(1) The provincial health board shall be headed by
the governor as chairman, the provincial health
officer as vice-chairman, and the chairman of the
committee on health of the sangguniang
panlalawigan, a representative from the private
sector or non-governmental organizations involved
in health services, and a representative of the
Department of Health in the province, as members;
(2) The city health board shall be headed by the
city mayor as chairman, the city health officer as
vice-chairman, and the chairman of the committee
on health of the sangguniang panlungsod, a
representative from the private sector or non-
governmental organizations involved in health
services, and a representative of the Department of
Health in the city, as members; and
(3) The municipal health board shall be headed by
the municipal mayor as chairman, the municipal
health officer as vice-chairman, and the chairman
of the committee on health of the sangguniang
bayan, a representative from the private sector or
non-governmental organizations involved in health
services, and a representative of the Department of
Health in the municipality, as members.
(b) The functions of the local health board shall be:
(1) To propose to the sanggunian concerned, in
accordance with standards and criteria set by the
Department of Health, annual budgetary allocations
for the operation and maintenance of health
facilities and services within the municipality, city or
province, as the case may be;
(2) To serve as an advisory committee to the
sanggunian concerned on health matters such as,
but not limited to, the necessity for, and application
of local appropriations for public health purposes;
and
(3) Consistent with the technical and administrative
standards of the Department of Health, create
committees which shall advise local health
agencies on matters such as, but not limited to,
personnel selection and promotion, bids and
awards, grievance and complaints, personnel
discipline, budget review, operations review and
similar functions.
Sec103. Meetings and Quorum. —
(a) The board shall meet at least once a month or
as may be necessary.
(b) A majority of the members of the board shall
constitute a quorum, but the chairman or the vice-
chairman must be present during meetings where
budgetary proposals are being prepared or
considered. The affirmative vote of all the majority
of the members shall be necessary to approve
such proposals.
Sec104. Compensation and Remuneration. — The
chairman, vice-chairman, and members of the
provincial, city or municipal health board shall
perform their duties as such without compensation
or remuneration. Members thereof who are not
government officials or employees shall be entitled
to necessary traveling expenses and allowances
chargeable against the funds of the local health
board concerned, subject to existing accounting
and auditing rules and regulations.
Sec105. Direct National Supervision and Control
by the Secretary of Health. — In cases of
epidemics, pestilence, and other widespread public
health dangers, the Secretary of Health may, upon
the direction of the President and in consultation
with the local government unit concerned,
temporarily assume direct supervision and control
over health operations in any local government unit
for the duration of the emergency, but in no case
exceeding a cumulative period of six (6) months.
With the concurrence of the government unit
concerned, the period for such direct national
control and supervision may be further extended.
Local Development Councils
Sec106. Local Development Councils. — (a) Each
local government unit shall have a comprehensive
multi-sectoral development plan to be initiated by
its development council and approved by its
sanggunian. For this purpose, the development
council at the provincial, city, municipal, or
barangay level, shall assist the corresponding
sanggunian in setting the direction of economic and
social development, and coordinating development
efforts within its territorial jurisdiction.
Sec107. Composition of Local Development
Councils. — The composition of the local
development council shall be as follows:
Barangay Local Development Councils:
(1) Members of the sangguniang barangay;
 (2) Representatives of non-governmental
organizations operating in the barangay who
shall constitute not less than one fourth (¼)
of the members of the fully organized council;
(3) A representative of the congressman.
(b) The city or municipal development council
shall be headed by the mayor and shall be
composed of the following members:
(1) All punong barangays in the city or municipality;
(2) The chairman of the committee on
appropriations of the sangguniang
panlungsod or sangguniang bayan
concerned;
(3) The congressman or his representative; and
(4) Representatives of non-governmental
organizations operating in the city or
municipality, as the case may be, who shall
constitute not less than one-fourth (¼) of the
members of the fully organized council.
(c) The provincial development council shall be
headed by the governor and shall be composed of
the following members:
(1) All mayors of component cities and
municipalities;
(2) The chairman of the committee on
appropriations of the sangguniang
panlalawigan;
(3) The congressman or his representative; and
(4) Representatives of non-governmental
organizations operating in the province, who
shall constitute not less than one-fourth (¼)
of the members of the fully organized council.
(d) The local development councils may call upon
any local official concerned or any official of
national agencies or offices in the local government
unit to assist in the formulation of their respective
development plans and public investment
programs.
Sec108. Representation of Non-governmental
Organizations. — Within a period of sixty (60)
days from the start of organization of local
development councils, the non-governmental
organizations shall choose from among themselves
their representatives to said councils. The local
sanggunian concerned shall accredit non-
governmental organizations subject to such criteria
as may be provided by law.
Sec109. Functions of Local Development
Councils. —
(a) The provincial, city, and municipal development
councils shall exercise the following functions:
(1) Formulate long-term, medium-term, and annual
socio-economic development plans and
policies;
(2) Formulate the medium-term and annual public
investment programs;
(3) Appraise and prioritize socio-economic
development programs and projects;
(4) Formulate local investment incentives to
promote the inflow and direction of private
investment capital;
(5) Coordinate, monitor, and evaluate the
implementation of development programs
and projects; and
(6) Perform such other functions as may be
provided by law or component authority.
(b) The barangay development council shall
exercise the following functions:
(1) Mobilize people's participation in local
development efforts;
(2) Prepare barangay development plans based on
local requirements;
(3) Monitor and evaluate the implementation of
national or local programs and projects; and
(4) Perform such other functions as may be
provided by law or competent authority.
Sec110. Meetings and Quorum. — The local
development council shall meet at least once every
six (6) months or as often as may be necessary.
Sec111. Executive Committee. — The local
development council shall create an executive
committee to represent it and act in its behalf when
it is not in session. The composition of the
executive committee shall be as follows:
(1) The executive committee of the provincial
development council shall be composed of the
governor as chairman, the representative of
component city and municipal mayors to be chosen
from among themselves, the chairman of the
committee on appropriations of the sangguniang
panlalawigan, the president of the provincial league
of barangays, and a representative of non-
governmental organizations that are represented in
the council, as members;
(2) The executive committee of the city or municipal
development council shall be composed of the
mayor as chairman, the chairman of the committee
on appropriations of the sangguniang
panlalawigan, the president of the city or municipal
league of barangays, and a representative of non-
governmental organizations that are represented in
the council, as members; and aisa dc
(3) The executive committee of the barangay
development council shall be composed of the
punong barangay as chairman, a representative of
the sangguniang barangay to be chosen from
among its members, and a representative of non-
 governmental organizations that are represented in
the council, as members.
(b) The executive committee shall exercise the
following powers and functions:
(1) Ensure that the decision of the council are
faithfully carried out and implemented;
(2) Act on matters requiring immediate attention or
action by the council;
(3) Formulate policies, plans, and programs based
on the general principles laid down by the council;
and
(4) Act on other matters that may be authorized by
the council.
Sec112. Sectoral or Functional Committees. —
The local development councils may form sectoral
or functional committees to assist them in the
performance of their functions.
Sec113. Secretariat. — There is hereby constituted
for each local development council a secretariat
which shall be responsible for providing technical
support, documentation of proceedings,
preparation of reports and such other assistance as
may be required in the discharge of its functions.
The local development council may avail of the
services of any non-governmental organization or
educational or research institution for this purpose.
The secretariats of the provincial, city, and
municipal development councils shall be headed by
their respective planning and development
coordinators. The secretariat of the barangay
development council shall be headed by the
barangay secretary who shall be assisted by the
city or municipal planning and development
coordinator concerned.
Sec114. Relation of Local Development Councils
to the Sanggunian and the Regional
Development Council. —
(a) The policies, programs, and projects proposed
by local development councils shall be submitted to
the sanggunian concerned for appropriate action.
(b) The approved development plans of provinces,
highly-urbanized cities, and independent
component cities shall be submitted to the regional
development council, which shall be integrated into
the regional development plan for submission to
the National Economic and Development Authority,
in accordance with existing laws.
Sec115. Budget Information. — The Department of
Budget and Management shall furnish the various
local development councils information on financial
resources and budgetary allocations applicable to
their respective jurisdictions to guide them in their
planning functions
RA 7368 (1992): An Act to Launch and Promote
Countrywide Industrialization Through The
Establishment Of Manufacturing, Processing
And Related Industries By Providing Financial
Assistance To Enterprises In Every Town And
City Not Exceeding P30 Million And P40 Million,
Respectively, Authorizing The Appropriation
Therefor In The Amount Of P1 Billion Per Year
For The Next Five Years As Initial Capital, And
For Other Purposes
Sec6. Executive Committee of Local Development
Council as the Local Countrywide
Industrialization Board. — The Executive
Committee of the municipal, city and provincial
development councils shall serve as the Local
Countrywide Industrialization Board (LCIB) which
shall be directed towards the development of
technology and skills, assist all enterprises in the
utilization of indigenous raw materials for livelihood
programs and in the delivery of credit organizations
and marketing services.
In addition to the functions of the local development
councils as mandated in the Local Government
Code of 1991 (Republic Act No. 7160), they shall
perform the following functions:
a) receive all applications for countrywide
industrialization projects within its area of
jurisdiction; evaluate and approve or disapprove all
project applications within thirty (30) days from
receipt thereof; and endorse projects to the
Countrywide Industrialization Office (CIO) for
funding;
b) in coordination with the conduit banks, monitor
the status of approved projects, help enterprises
obtain marketing, technical training and other forms
of non-financial assistance as they may require
from agencies of the National and Local
Governments;
c) review the industrialization plan for the province,
city or municipality as prepared by the municipal,
city or provincial development officer if the funding
required for the proposed project is to be sourced
from CIF;
d) disseminate pertinent information; and
e) submit quarterly reports to the CIO on the
amounts of financial assistance received by the
countrywide industrialization projects within its
jurisdiction, and a status report on each
countrywide industrialization project. Copy of the
report shall be furnished the Sangguniang Bayan or
Sangguniang Panlungsod concerned.
Local Peace and Order Council
Sec116. Organization. — There is hereby
established in every province, city and municipality
a local peace and order council, pursuant to (E.O.
 No. 309), as amended, Series of 1988. The local
peace and order councils shall have the same
composition and functions as those prescribed by
said executive order.
Sec4. Governing Principles. — The Zamboanga
Autonomous Special Economic Zones
Sec117. Establishment of Autonomous Special
Economic Zones. — The establishment by law of
autonomous special economic zones in selected
areas of the country shall be subject to
concurrence by the local government units included
therein.
RA 7916 (1995) – An Act Providing For The Legal
Framework And Mechanisms For The Creation,
Operation, Administration, And Coordination Of
Special Economic Zones In The Philippines,
Creating For This Purpose, The Philippine
Economic Zone Authority (Peza), And For Other
Purposes
Sec44. Relationship with the Local Government
Units. — Except as herein provided, the local
government units comprising the ECOZONE shall
retain their basic autonomy and identity. The cities
shall be governed by their respective charters and
the municipalities shall operate and function in
accordance with RA7160, otherwise known as the
Local Government Code of 1991.
RA 7903 (1995) – The Zamboanga City Special
Economic Zone Act of 1995
xxx
Sec2. Declaration of Policy. — It is hereby declared
the policy of the State to encourage and promote
the attainment of a sound and balanced industrial,
economic and social development in the country
through the promotion of private enterprises.
Towards this end, the State shall endeavor to
establish special economic zones in suitable and
selected areas in the country where enterprises will
be given incentives to create an environment
conducive to business. This shall be the means to
attract local and foreign investors, general
employment opportunities, and encourage the
regional dispersal of industries.
Sec3. Creation of the Zamboanga City Special
Economic Zone. — In accordance with the
foregoing policy and subject to the concurrence of
the city government of Zamboanga affected by the
zone, there is hereby established a special
economic zone in the City of Zamboanga to be
known as the Zamboanga City Special Economic
Zone, hereinafter referred to as the
ZAMBOECOZONE. The specific metes and
bounds of the ZAMBOECOZONE shall be more
particularly defined in a presidential proclamation
that shall be issued for this purpose.
City Special Economic Zone shall be managed and
operated under the following principles:
(a) Within the framework and limitations of the
Constitution and the applicable provisions of the
Local Government Code, the ZAMBOECOZONE
shall be developed into a decentralized, self-reliant
and self-sustaining agro-industrial, commercial,
financial, investment and tourist center and free
port with suitable retirement and residential areas.
The ZAMBOECOZONE shall be provided with
transportation, telecommunications, and other
facilities needed to attract legitimate and productive
foreign investments, generate linkage industries
and employment opportunities for the people of
Zamboanga City and its neighboring towns and
cities.
(b) The ZAMBOECOZONE may establish mutually
beneficial economic relations with other entities
within the country, subject to the administrative
guidance of the Department of Foreign Affairs
and/or Department of Trade and Industry with
foreign entities or enterprises.
(c) Foreign citizens and companies owned by non-
Filipinos in whatever proportion may set up
enterprises in the ZAMBOECOZONE, either by
themselves or in joint venture with Filipinos in any
sector of industry, international trade and
commerce within the ZAMBOECOZONE.
(d) The ZAMBOECOZONE shall be managed and
operated as a separate customs territory to ensure
and facilitate the free flow, entry and movement of
machinery and other goods. It shall be vested with
the authority to issue certificates of origin for
products manufactured or processed in the
ZAMBOECOZONE in accordance with prevailing
rules of origin, and the pertinent regulations of the
duly recognized national bodies tasked to oversee
all other ECOZONES in the country.
(e) Business establishments within the
ZAMBOECOZONE shall be entitled to the existing
fiscal incentives as provided for under Presidential
Decree No. 66, the law creating the Export
Processing Zone Authority, or those provided under
Book VI of Executive Order No. 226, otherwise
known as the Omnibus Investment Code of 1987,
and such incentives, benefits or privileges presently
enjoyed by business establishments operating
within the Subic special economic zone pursuant to
Republic Act No. 7227. acd
(f) Any provisions of existing laws, rules or
regulations to the contrary notwithstanding, no
taxes, local and national, shall be imposed on
business establishments operating within the
ZAMBOECOZONE. In lieu of paying taxes, said
business establishments shall pay and remit to the
national government two percent (2%) of their
gross income. In addition, they shall remit to the
city government of Zamboanga three percent (3%)
of their gross income, to be allocated as follows:
(1) 2% to the City of Zamboanga; and
(2) 1% to the barangay special development fund,
which is hereby created, for the development
and improvement of the barangays within the
City of Zamboanga.
(g) Except as otherwise provided herein, the LGU/s
embraced within the ZAMBOECOZONE shall retain
and maintain their basic autonomy and identity.
Zamboanga City shall operate and function in
accordance with RA No. 7160, otherwise known as
the Local Government Code of 1991.
(h) nAny foreign investor who establishes a
business enterprise within the ZAMBOECOZONE
and who maintains capital investment of not less
than US$150,000 shall be granted, along with his
or her spouse, dependents, and unmarried children
below 21 years of age, a permanent resident status
within the ZAMBOECOZONE.
Such foreign investor and his or her spouse,
dependents and unmarried children below the age
of 21 years, shall have freedom of ingress and
egress to and from the ZAMBOECOZONE without
any need of any special authorization from the
Bureau of Immigration and Deportation.
Likewise, the Zamboanga City Special Economic
Zone Authority shall issue working visas renewable
every 2 years to foreign executives and foreign
technicians with highly specialized skills which no
Filipino possesses, as certified by the Department
of Labor and Employment.
The names of the foreigners granted permanent
resident status and working visas by the
Zamboanga City Special Economic Zone Authority
shall be reported to the Bureau of Immigration and
Deportation within 30 days from such grant.
The foregoing is without prejudice to a foreigner
acquiring permanent resident status in the
Philippines in accordance with applicable
immigration, retirement, and other related laws.
(i) The provisions of any law to the contrary
notwithstanding, any foreigner, partnership,
corporation, or any other business association not
created and existing under the laws of the Republic
of the Philippines, engaged in the business of
retailing goods and merchandise, shall be
permitted to engage in the business in such retail
trade within the ZAMBOECOZONE after securing
license for that purpose from the Zamboanga City
Special Economic Zone Authority: Provided, That
only foreign nationals engaged in medium- and
large-scale retail trade may be permitted to engage
in such business within the ZAMBOECOZONE.
The determination of the medium- and large-scale
retail trade operation shall be the responsibility of
the ZAMBOECOZONE Authority.
(j) Existing banking laws and Bangko Sentral ng
Pilipinas (BSP) rules and regulations shall apply on
foreign exchange and other current account
transactions (trade and non-trade), local and
foreign borrowings, foreign investments,
establishment and operation of local and foreign
banks, foreign currency deposit units, offshore
banking units and other financial institutions under
the supervision of the BSP.
Sec5. Creation of the Zamboanga City Special
Economic Zone Authority. — Subject to the
concurrence of the local government units that will
be affected by the creation of the
ZAMBOECOZONE, there is hereby created a body
corporate to be known as the Zamboanga City
Special Economic Zone Authority, hereinafter
referred to as the ZAMBOECOZONE Authority,
which shall manage and operate the
ZAMBOECOZONE, in accordance with this Act. It
shall be organized within one hundred eighty (180)
days after the effectivity of this Act.
Sec6. Principal Office. — The ZAMBOECOZONE
Authority shall maintain its principal office in the
City of Zamboanga, but it may establish branches
and agencies within the Philippines and abroad as
may be necessary for the proper conduct of its
business.
Sec7. Powers and Functions of the
ZAMBOECOZONE Authority. — The
ZAMBOECOZONE Authority shall have the
following functions:
(a) To operate, administer, and manage the
ZAMBOECOZONE according to the principles and
provisions set forth in this Act;
(b) To recommend to the President the issuance of
a proclamation to fix and delimit the site of the
ZAMBOECOZONE;
(c) To register, regulate and supervise the
enterprises in the ZAMBOECOZONE in an efficient
and decentralized manner;
(d) To regulate and undertake the establishment,
operation and maintenance of utilities, other
services and infrastructure in the
ZAMBOECOZONE such as heat, light and power,
water supply, telecommunications, transport, toll
roads and bridges, port services, etc., and to fix
reasonable and competitive rates, fares, charges
and prices therefor;
(e) To construct, acquire, own, lease, operate and
maintain on its own or through others by virtue of
contracts, franchises, licenses, or permits under
any of the schemes allowed in Republic Act No.
6957 (the build-operate-transfer law), or in joint
venture with the private sector, any or all of the
public utilities and infrastructure required or needed
in the ZAMBOECOZONE in coordination with
appropriate national and local government
 authorities and in conformity with applicable laws
thereon;
(f) To operate on its own, either directly or through
a subsidy entity, or license to other tourism related
activities, including games, amusements and
recreational and sports facilities;
(g) Within the limitation provided by law, to raise or
borrow adequate and necessary funds from local or
foreign sources to finance its projects and
programs under this Act, and for that purpose to
issue bonds, promissory notes, and other forms of
securities, and to secure the same by a guarantee,
pledge, mortgage, deed of trust, or an assignment
of all part of its property or assets;
(h) To provide security for the ZAMBOECOZONE in
coordination with national and local governments.
For this purpose, the ZAMBOECOZONE Authority
may establish and maintain its own security force
and firefighting capability or hire others to provide
the same;
(i) To protect, preserve, maintain and develop the
virgin forests, beaches, coral and functional units or
offices within the ZAMBOECOZONE.
(j) To create, operate and/or contract to operate
such agencies and functional units or offices of the
ZAMBOECOZONE Authority as it may deem
necessary;
(k) To adopt, alter and use a corporate seal; make
contracts, leases, own or otherwise dispose of
personal or real property; sue and be sued; and
otherwise carry out its functions and duties as
provided for in this Act; and
(l) To issue rules and regulations consistent with
the provisions of this Act as may be necessary to
implement and accomplish the purposes,
objectives, and policies provided therein.
Sec8. Non-profit Character of the
ZAMBOECOZONE Authority. — The
ZAMBOECOZONE Authority shall be non-profit and
shall devote the use of its returns from capital
investments, as well as excess revenues from its
operations, for the development, improvement, and
maintenance and other related expenditures of the
ZAMBOECOZONE Authority to pay its
indebtedness and obligations and in furtherance
and effective implementation of the policy provided
in this Act. In consonance with this, the
ZAMBOECOZONE Authority is hereby declared
exempt from the payment of all taxes, duties, fees,
imposts, charges, costs and service fees in any
court or administrative proceedings in which it may
be a party.
The foregoing exemptions may however be entirely
or partially lifted by the President of the Philippines
upon the recommendation of the Secretary of
Finance, not earlier than 5 years from the effectivity
of this Act, if the President shall find the Authority to
be self-sustaining and financially capable by then to
pay such taxes, customs duties, fees and other
charges after providing for debt service
requirements of the ZAMBOECOZONE Authority
and of its projected capital and operating
expenditures.
Sec9. Board of Directors of the ZAMBOECOZONE
Authority. — The powers of the
ZAMBOECOZONE Authority shall be vested in and
exercised by a Board of Directors, hereinafter
referred to as the Board, which shall be composed
of the following:
(a) A chairman who shall, at the same time, be the
administrator of the ZAMBOECOZONE Authority;
(b) A vice-chairman who shall come from the
national agency tasked to coordinate and monitor
special economic zones and the like in the country;
(c) 6 members consisting of:
(1) The city's congressional representative;
(2) The mayor of the City of Zamboanga;
(3) 1 representative of the city council;
(4) 1 representative from domestic investors in the
ZAMBOECOZONE;
(5) 1 representative from foreign investors in the
ZAMBOECOZONE; and
(6) 1 representative from the labor sector chosen
from the workers in the ZAMBOECOZONE.
The city's congressional representative, the mayor
of the City of Zamboanga and the representative of
the city council shall serve as ex officio voting
members of the Board.
The chairman and the members of the Board,
except the ex officio members, shall be appointed
by the President of the Philippines to serve for a
term of six (6) years, unless sooner removed for
cause or dies or resigns voluntarily. In case of
death, resignation or removal for cause, the
replacement shall serve only the unexpired portion
of the term.
Except for the representatives of the business and
investment sectors no person shall be appointed by
the President of the Philippines as member of the
Board unless he is a Filipino citizen, of good moral
character and of recognized competence in some
relevant fields of business, banking, shipping,
business or labor management, port operations,
engineering or law.
Members of the Board shall receive a reasonable
per diem which shall be fixed by the President of
the Philippines once every six (6) years for every
Board meeting: Provided, however, That the total
per diem collected each month shall not exceed the
equivalent per diems for four (4) meetings. Unless
and until the President of the Philippines has fixed
a higher per diem for the members of the Board,
such per diem shall not be more than Ten thousand
pesos (P10,000.00) for every Board meeting.
Sec10. Powers and Duties of the Chairman-
Administrator. — The chairman-administrator
shall have the following powers and duties:
 (a) To direct and manage the affairs of the Authority
in accordance with the policies of the Board;
(b) To establish the internal organization of the
Authority under such conditions that the Board may
prescribe;
(c) To submit an annual budget and necessary
supplemental budget to the Board for its approval;
(d) To submit within thirty (30) days after the close
of each fiscal year an annual report to the Board
and such other reports as may be required; and
(e) To perform such other duties as may be
assigned to him by the Board.
Sec11. Promotion of Industrial Peace. — One
representative each from the Department of Labor
and Employment (DOLE), labor sector, cultural
minorities, business and industry sectors shall
formulate a mechanism under a social pact for the
enhancement and preservation of industrial peace
in the City of Zamboanga within thirty (30) days
after the effectivity of this Act.
Sec12. Capitalization. — The Zamboanga City
Special Economic Zone Authority shall have an
authorized capital stock of two billion
(2,000,000,000) no par shares with a minimum
issue value of Ten pesos (P10.00) each. The
national government shall initially subscribe and
fully pay three hundred million (300,000,000)
shares of such capital stock. The initial amount
necessary to subscribe and pay for the shares of
stock shall be included in the General
Appropriations Act of the year following its
enactment into law and thereafter. The Board of
Directors of the ZAMBOECOZONE Authority may,
from time to time and with the written concurrence
of the Secretary of Finance, increase the issue
value of the shares representing the capital stock of
the ZAMBOECOZONE Authority. The Board of
Directors of the ZAMBOECOZONE Authority, with
the written concurrence of the Secretary of
Finance, may sell shares representing not more
than forty per centum (40%) of the capital stock of
the ZAMBOECOZONE Authority to the general
public with such annual dividend policy as the
Board and the Secretary of Finance may
determine. The national government shall in no
case own less than sixty per centum (60%) of the
total issued and outstanding capital stock of the
ZAMBOECOZONE Authority.
Sec13. Supervision and Coordination of
Development Plans. — For purposes of policy
direction and coordination, the ZAMBOECOZONE
Authority shall be under the direct control and
supervision of the Office of the President, in the
meantime that the agency tasked with the
coordination of special economic zones is not yet in
place.
Sec14. Relationship with the Local Government
Units. — In case of any conflict between the
ZAMBOECOZONE Authority and the City of
Zamboanga on matters affecting the
ZAMBOECOZONE other than defense and security
matters, the decision of the ZAMBOECOZONE
Authority shall prevail.
Sec15. Auditing. — The Commission on Audit shall
appoint a representative who shall be a full time
auditor of the ZAMBOECOZONE Authority and
assign such number of personnel as may be
necessary to assist said representative in the
performance of his/her duties. The salaries and
emoluments of the assigned auditor and personnel
shall be in accordance with pertinent laws, rules
and regulations.
Masturbation: Tips for Girls (Part 3):
As you become more comfortable and aroused, set
aside the mirror and flashlight and try to completely
relax. Continue to stroke your clitoris, mons pubis
and vaginal opening. Concentrate on the areas that
feel the best. Once you are fully aroused, you'll most
likely become wet with vaginal lubrication. Try
inserting a finger or two and see how that feels. Some
women enjoy penetration when masturbating, some
don't. Neither way is better. That's one of the joys of
self-love--you can engage in only the stimulation that
you enjoy, nothing more and nothing less. You're in
it for yourself alone. Try different types of
stimulation and see what feels best. Or try a few of
the following "advanced" moves:
 With your thumb and forefinger on either
side of your clitoris, gently roll it between your
fingers. Begin with a slow, gentle roll and then
gradually accelerate the movement until you find
the speed that works for you.
 Place two fingers directly on your clitoris and
move them in a circular motion. Try varying
speed and intensity.
 "Draw" a circle around your clitoris with
your middle finger. Women who find direct
clitoral pressure too intense will enjoy this move.
 Try tracing the alphabet on your clitoris with
your index finger. This technique may not bring
you to orgasm, but it might clue you in to some
sensations otherwise undiscovered.
 Use one hand to separate and hold apart
your labia, fully exposing your clitoris. Dip the
index finger from your other hand in some
lubricant--from your body or from a bottle--and
gently tap your clitoris. Vary speed and intensity
and be patient: as you tap harder and longer, a
wonderful sensation will build until you feel like
you're going to explode.
 When you're aroused and lubricated, gently
thrust one or two fingers in and out of your
vagina. Many women who believe they can only
achieve orgasm through direct clitoral
stimulation are surprised to find that penetration
can also bring them to a rousing climax.
 While stimulating your clitoris with one
hand, try thrusting a few fingers into your vagina
with your other hand. The combination of clitoral
and vaginal stimulation can be very exciting.
 Try any of the above techniques while lying
on your belly. Some women prefer the slight
difference in stimulation and the gentle
"humping" motion they can make while enjoying
this position.
 Try stimulating your G-Spot: lie on your
back with your knees raised and insert your
middle finger into your vagina in an inverted
"come hither" motion. About two inches into
your vagina, on the wall closest to your stomach,
you'll feel a spongy, slightly raised area. That's
your G-Spot, also known as your urethral
sponge. Because the sensitive portion of this area
is actually on the other side of several layers of
skin, it will respond best to pressure, not
stroking. Try pressing your G-Spot with varying
intensities. If you don't like it, just stop doing it.
G-Spot stimulation isn't for everyone. However,
if you do like it, try simultaneously stroking your
clitoris with your other hand. Rumor has it that
orgasms produced by G-Spot stimulation can be
very intense.
One rule to remember--regardless of the technique
you prefer--is to be nice to yourself. Masturbation is
for you; you are the only person you need to worry
about pleasing. Do what feels good for you. Don't
worry about having an orgasm. With the multitude
of nerve endings in your vulva, you will enjoy the
stimulation regardless of whether or not you come.
Revel in the sensations you produce in your body.
Once you become more comfortable and experienced
with masturbation, you might want to try some
props. Get a vibrator or dildo and some lubricant.
Try a beginner anal plug while masturbating.
Experiment with different sensations: feathers, silk,
warming oil. Get a few erotic novels, magazines or
videos. Try masturbating in the shower, either with a
waterproof sex toy, or with the "massage" setting on
your handheld shower head. Some women also enjoy
lying on their backs in the bathtub and having water
from the faucet drip or stream onto their clitorises.
For more suggestions, buy a copy of "Sex for One" by
Betty Dodson, or "For Yourself" by Lonnie Barbach.
Both are written by women and filled with
wonderful ideas for increasing your self-pleasure.
(continued…)
Other Provisions Applicable to Local
Government Units
Settlement of Boundary Disputes
Sec118. Jurisdictional Responsibility for
Settlement of Boundary Dispute. — Boundary
disputes between and among local government
units shall, as much as possible, be settled
amicably. To this end:
(a) Boundary disputes involving two (2) or more
barangays in the same city or municipality shall be
referred for settlement to the sangguniang
panlungsod or sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more
municipalities within the same province shall be
referred for settlement to the sangguniang
panlalawigan concerned.
(c) Boundary disputes involving municipalities or
component cities of different provinces shall be
jointly referred for settlement to the sanggunians of
the province concerned.
(d) Boundary disputes involving a component city
or municipality on the one hand and a highly
urbanized city on the other, or two (2) or more
highly urbanized cities, shall be jointly referred for
settlement to the respective sanggunians of the
parties.
(e) In the event the sanggunian fails to effect an
amicable settlement within sixty (60) days from the
date the dispute was referred thereto, it shall issue
a certification to that effect. Thereafter, the dispute
shall be formally tried by the sanggunian concerned
which shall decide the issue within sixty (60) days
from the date of the certification referred to above.
Sec119. Appeal. — Within the time and manner
prescribed by the Rules of Court, any party may
elevate the decision of the sanggunian concerned
to the proper Regional Trial Court having
jurisdiction over the area in dispute. The Regional
Trial Court shall decide the appeal within one (1)
year from the filing thereof. Pending final resolution
of the disputed area prior to the dispute shall be
maintained and continued for all legal purposes.
Implementing Rules and Regulations
Art15. Definition and Policy. — There is a boundary
dispute when a portion or the whole of the territorial
area of an LGU is claimed by two or more LGUs.
Boundary disputes between or among LGUs shall,
as much as possible, be settled amicably.
Art16. Jurisdictional Responsibility. — Boundary
disputes shall be referred for settlement to the
following:
(a) Sangguniang panlungsod or sangguniang
bayan for disputes involving two (2) or more
barangays in the same city or municipality, as the
case may be;
(b) Sangguniang panlalawigan, for those involving
two (2) or more municipalities within the same
province;
(c) Jointly, to the sanggunians of provinces
concerned, for those involving component cities or
municipalities of different provinces; or
(d) Jointly, to the respective sanggunians, for those
involving a component city or municipality and a
highly-urbanized city; or two (2) or more highly-
urbanized cities.
Art17. Procedures for Settling Boundary
Disputes. — The following procedures shall
govern the settlement of boundary disputes:
(a) Filing of petition — The sanggunian concerned
may initiate action by filing a petition, in the form of
a resolution, with the sanggunian having jurisdiction
over the dispute.
(b) Contents of petition — The petition shall state
the grounds, reasons or justifications therefor.
(c) Documents attached to petition — The petition
shall be accompanied by:
(1) Duly authenticated copy of the law or statute
creating the LGU or any other document
showing proof of creation of the LGU;
(2) Provincial, city, municipal, or barangay map, as
the case may be, duly certified by the LMB;
(3) Technical description of the boundaries of the
LGUs concerned;
(4) Written certification of the provincial, city, or
municipal assessor, as the case may be, as
to territorial jurisdiction over the disputed
area according to records in custody;
(5) Written declarations or sworn statements of the
people residing in the disputed area; and
(6) Such other documents or information as may be
required by the sanggunian hearing the
dispute.
(d) Answer of adverse party — Upon receipt by the
sanggunian concerned of the petition together with
the required documents, the LGU or LGUs
complained against shall be furnished copies
thereof and shall be given fifteen (15) working days
within which to file their answers.
(e) Hearing — Within five (5) working days after
receipt of the answer of the adverse party, the
sanggunian shall hear the case and allow the
parties concerned to present their respective
evidences.
(f) Joint hearing — When two or more sanggunians
jointly hear a case, they may sit en banc or
designate their respective representatives. Where
representatives are designated, there shall be an
equal number of representatives from each
sanggunian. They shall elect from among
themselves a presiding officer and a secretary. In
case of disagreement, selection shall be by
drawing lot.
(g) Failure to settle — In the event the sanggunian
fails to amicably settle the dispute within sixty (60)
days from the date such dispute was referred
thereto, it shall issue a certification to that effect
and copies thereof shall be furnished the parties
concerned.
(h) Decision — Within sixty (60) days from the date
the certification was issued, the dispute shall be
formally tried and decided by the sanggunian
concerned. Copies of the decision shall, within
fifteen (15) days from the promulgation thereof, be
furnished the parties concerned, DILG, local
assessor, COMELEC, NSO, and other NGAs
concerned.
(i) Appeal — Within the time and manner
prescribed by the Rules of Court, any party may
elevate the decision of the sanggunian concerned
to the proper Regional Trial Court having
jurisdiction over the dispute by filing therewith the
appropriate pleading, stating among others, the
nature of the dispute, the decision of the
sanggunian concerned and the reasons for
appealing therefrom. The Regional Trial Court shall
decide the case within one (1) year from the filing
thereof. Decisions on boundary disputes
promulgated jointly by two (2) or more sangguniang
panlalawigans shall be heard by the Regional Trial
Court of the province which first took cognizance of
the dispute.
Art18. Maintenance of Status Quo. — Pending final
resolution of the dispute, the status of the affected
area prior to the dispute shall be maintained and
continued for all purposes.
Art19. Official Custodian. — The DILG shall be the
official custodian of copies of all documents on
boundary disputes of LGUs.
Pasig v. COMELEC (1999)
Held: The plebiscites scheduled should be
suspended or cancelled in view of the pending
boundary dispute. The boundary dispute presents
a prejudicial question which must first be decided
before plebiscites for the creation of the
proposed barangays may be held. The boundary
dispute has a bearing on the creation of the proposed
bgys., because a requisite for the creation of a bgy. is
for its territorial jurisdiction to be properly identified.
The territorial boundaries of an LGU must be clear for
they define the limits of territorial jurisdiction. An LGU
can exercise powers of government only within the
limits of its territorial jurisdiction. Beyond these, its
acts are ultra vires.
The fact that the plebiscite has already been held
does not mean the case has become moot and
academic, considering that the legality of the
plebiscite itself is challenged.
Province of Camarines Norte v. Province of
Quezon (2001)
The SC had already decided the long-drawn
boundary dispute between Camarines Norte and
Quezon, but Quezon Gov. Rodriguez and Mayor Lim
refused to comply. They made an argument that Sec.
1 of RA 5480 creating the municipality of Sta. Elena
provides the latest definition of the boundary between
Quezon and CN and nowhere in the said RA can be
found 9 bgys. To include the 9 bgys. in Sta. Elena
would violate the RA, Sec. 10 of Art. X of the Consti.
And Sec. 10 of the LGC, all of which require a
plebiscite in cases of substantial alteration of
boundaries.
Held: The 2 officials should be cited for contempt,
and no plebiscite is required. RA 5480 does not
purport to have amended the Revised Administrative
Code. RA 5480 enumerates the component bgys. up
to the boundary of CN and Quezon as defined in the
RAC. That boundary has been defined in the 1922
EB Decision which in turn has been ordered enforced
in the SC decision. The enumeration of bgys. in RA
5480 is not intended to delimit the territorial
jurisdiction of Sta. Elena.
The 1922 EB decision did not alter, redefine or
amend the provincial boundary line between Quezon
and CN. All that the Chief of the Executive Bureau
did was implement RAC. Hence no need for a
plebiscite.
Municipality of Kanaga v. Madrona (2003)
A boundary dispute arose between the Kanaga
Municipality and Ormoc City. Ormoc City filed before
the RTC a complaint to settle the dispute. Kanaga
filed MTD alleging that the RTC had no jurisdiction
over the subject matter of the claim.
Held: The procedure in Sec. 118 is not applicable to
the CAB since the provision applies to a situation in
which a component city or a municipality seeks to
settle a boundary dispute with a highly urbanized city,
not with an independent component city. Ormoc is
not a highly urbanized city, but an independent
component city.
Since Sec. 118 is not applicable, general rules
governing jurisdiction should then be used. BP 129
(Judiciary Reorganization Act) as amended is the
applicable law where Sec. 19 (6) provides that RTCs
exercise exclusive original jurisdiction in all
cases not within the exclusive jurisdiction of any
court, tribunal, person or body exercising judicial
or quasi-judicial functions.
Since no law provides for exclusive jurisdiction of any
court/ agency over settlement of boundary disputes
between a municipality and an independent
component city of the same province, the RTC did
not abuse its discretion in denying the MTD.
Local Initiative and Referendum – LGC
Sec120. Local Initiative Defined. — Local initiative
is the legal process whereby the registered voters
of a local government unit may directly propose,
enact, or amend any ordinance.
Sec121. Who May Exercise. — The power of local
initiative and referendum may be exercised by all
registered voters of the provinces, cities,
municipalities, and barangays.
Sec122. Procedure in Local Initiative. —
(a) Not less than one thousand (1,000) registered
voters in case of provinces and cities, one hundred
(100) in case of municipalities, and fifty (50) in case
of barangays, may file a petition with the
sanggunian concerned proposing the adoption,
enactment, repeal, or amendment of an ordinance.
(b) If no favorable action thereon is taken by the
sanggunian concerned within thirty (30) days from
its presentation, the proponents, through their duly
authorized and registered representatives, may
invoke their power of initiative, giving notice thereof
to the sanggunian concerned.
(c) The proposition shall be numbered serially
starting from Roman numeral I. The COMELEC or
its designated representative shall extend
assistance in the formulation of the proposition.
(d) Two (2) or more propositions may be submitted
in an initiative.
(e) Proponents shall have ninety (90) days in case
of provinces and cities, sixty (60) days in case of
municipalities, and thirty (30) days in case of
barangays, from notice mentioned in subsection (b)
hereof to collect the required number of signatures.
(f) The petition shall be signed before the election
registrar. or his designated representatives, in the
presence of a representative of the proponent, and
a representative of the sanggunian concerned in a
public place in the local government unit, as the
case may be. Stations for collecting signatures may
 be established in as many places as may be
warranted.
(g) Upon the lapse of the period herein provided,
the COMELEC, through its office in the local
government unit concerned, shall certify as to
whether or not the required number of signatures
has been obtained. Failure to obtain the required
number defeats the proposition.
(h) If the required number of signatures is obtained,
the COMELEC shall then set a date for the initiative
during which the proposition shall be submitted to
the registered voters in the local government unit
concerned for their approval within sixty (60) days
from the date of certification by the COMELEC, as
provided in subsection (g) hereof, in case of
provinces and cities, forty-five (45) days in case of
municipalities, and thirty (30) days in case of
barangays. The initiative shall then be held on the
date set, after which the results thereof shall be
certified and proclaimed by the COMELEC.
Sec123. Effectivity of Local Propositions. — If the
proposition is approved by a majority of the votes
cast, it shall take effect fifteen (15) days after
certification by the COMELEC as if affirmative
action thereon had been made by the sanggunian
and local chief executive concerned. If it fails to
obtain said number of votes, the proposition is
considered defeated.
Sec124. Limitations on Local Initiative. —
(a) The power of local initiative shall not be
exercised more than once a year.
(b) Initiative shall extend only to subjects or matters
which are within the legal powers of the
sanggunian to enact.
(c) If at any time before the initiative is held, the
sanggunian concerned adopts in toto the
proposition presented and the local chief executive
approves the same, the initiative shall be cancelled.
However, those against such action may, if they so
desire, apply for initiative in the manner herein
provided.
Sec125. Limitations upon Sanggunians. — Any
proposition or ordinance approved through the
system of initiative and referendum as herein
provided shall not be repealed, modified or
amended by the sanggunian concerned within six
(6) months from the date of the approval thereof,
and may be amended, modified or repealed by the
sanggunian within three (3) years thereafter by a
vote of three-fourths (3/4) of all its members:
Provided, That in case of barangays, the period
shall be eighteen (18) months after the approval
thereof.
Sec126. Local Referendum Defined. — Local
referendum is the legal process whereby the
registered voters of the local government units may
approve, amend or reject any ordinance enacted by
the sanggunian.
The local referendum shall be held under the
control and direction of the COMELEC within sixty
(60) days in case of provinces and cities, forty-five
(45) days in case of municipalities and thirty (30)
days in case of barangays.
The COMELEC shall certify and proclaim the
results of the said referendum.
Sec127. Authority of Courts. — Nothing in this
Chapter shall prevent or preclude the proper courts
from declaring null and void any proposition
approved pursuant to this Chapter for violation of
the Constitution or want of capacity of the
sanggunian concerned to enact the said measure.
RA 6735 – The Initiative and Referendum Act
I. — General Provisions
Sec2. Statement of Policy. — The power of the
people under a system of initiative and referendum
to directly propose, enact, approve or reject, in
whole or in part, the Constitution, laws, ordinances,
or resolutions passed by any legislative body upon
compliance with the requirements of this Act is
hereby affirmed, recognized and guaranteed.
Sec3. Definition of Terms. — For purposes of this
Act, the following terms shall mean:
(a) "Initiative" is the power of the people to propose
amendments to the Constitution or to propose and
enact legislations through an election called for the
purpose.
There are three (3) systems of initiative, namely:
a.1 Initiative on the Constitution which refers to a
petition proposing amendments to the
Constitution;
a.2. Initiative on statutes which refers to a petition
proposing to enact a national legislation; and
a.3. Initiative on local legislation which refers to a
petition proposing to enact a regional,
provincial, city, municipal, or barangay law,
resolution or ordinance.
(b) "Indirect initiative" is exercise of initiative by the
people through a proposition sent to Congress or
the local legislative body for action.
(c) "Referendum" is the power of the electorate to
approve or reject a legislation through an election
called for the purpose. It may be of two classes,
namely:
c.1. Referendum on statutes which refers to a
petition to approve or reject an act or law, or
part thereof, passed by Congress; and
c.2. Referendum on local law which refers to a
petition to approve or reject a law, resolution
 or ordinance enacted by regional assemblies
and local legislative bodies.
(d) "Proposition" is the measure proposed by the
voters.
(e) "Plebiscite" is the electoral process by which an
initiative on the Constitution is approved or rejected
by the people.
(f) "Petition" is the written instrument containing the
proposition and the required number of signatories.
It shall be in a form to be determined by and
submitted to the Commission on Elections,
hereinafter referred to as the Commission.
(g) "Local government units" refers to provinces,
cities, municipalities and barangays.
(h) "Local legislative bodies" refers to the
Sangguniang Panlalawigan, Sangguniang
Panlungsod, Sangguniang Bayan, and
Sangguniang Nayon.
(i) "Local executives" refers to the Provincial
Governors, City or Municipal Mayors and Punong
Barangay, as the case may be.
Sec4. Who may exercise. — The power of initiative
and referendum may be exercised by all registered
voters of the country, autonomous regions,
provinces, cities, municipalities and barangays.
Sec5. Requirements. —
(a) To exercise the power of initiative or
referendum, at least ten per centum (10%) of the
total number of the registered voters, of which
every legislative district is represented by at least
three per centum (3%) of the registered voters
thereof, shall sign a petition for the purpose and
register the same with the Commission.
(b) A petition for an initiative on the 1987
Constitution must have at least twelve per centum
(12%) of the total number of registered voters as
signatories, of which every legislative district must
be represented by at least three per centum (3%)
of the registered voters therein. Initiative on the
Constitution may be exercised only after five (5)
years from the ratification of the 1987 Constitution
and only once every five (5) years thereafter.
(c) The petition shall state the following:
c.1. contents or text of the proposed law sought
to be enacted, approved or rejected,
amended or repealed, as the case may be;
c.2. the proposition;
c.3. the reason or reasons therefor;
c.4. that it is not one of the exceptions provided
herein;
c.5. signatures of the petitioners or registered
voters; and
c.6. an abstract or summary in not more than one
hundred (100) words which shall be legibly
written or printed at the top of every page of
the petition.
(d) A referendum or initiative affecting a law,
resolution or ordinance passed by the legislative
assembly of an autonomous region, province or city
is deemed validly initiated if the petition thereof is
signed by at least ten per centum (10%) of the
registered voters in the province or city, of which
every legislative district must be represented by at
least three per centum (3%) of the registered voters
therein; Provided, however, That if the province or
city is composed only of one (1) legislative district,
then at least each municipality in a province or
each barangay in a city should be represented by
at least three per centum (3%) of the registered
voters therein.
(e) A referendum of initiative on an ordinance
passed in a municipality shall be deemed validly
initiated if the petition therefor is signed by at least
ten per centum (10%) of the registered voters in
the municipality, of which every barangay is
represented by at least three per centum (3%) of
the registered voters therein.
(f) A referendum or initiative on a barangay
resolution or ordinance is deemed validly initiated if
signed by at least ten per centum (10%) of the
registered voters in said barangay.
Sec6. Special Registration. — The Commission on
Election shall set a special registration day at least
three (3) weeks before a scheduled initiative or
referendum.
Sec7. Verification of Signatures. — The Election
Registrar shall verify the signatures on the basis of
the registry list of voters, voters' affidavits and
voters identification cards used in the immediately
preceding election.
III. — Local Initiative and Referendum
Sec13. Procedure in Local Initiative. —
(a) Not less than two thousand (2,000) registered
voters in case of autonomous regions, one
thousand (1,000) in case of provinces and cities,
one hundred (100) in case of municipalities, and
fifty (50) in case of barangays, may file a petition
with the Regional Assembly or local legislative
body, respectively, proposing the adoption,
enactment, repeal, or amendment, of any law,
ordinance or resolution.
(b) If no favorable action thereon is made by local
legislative body within (30) days from its
presentation, the proponents through their duly
authorized and registered representative may
invoke their power of initiative, giving notice thereof
to the local legislative body concerned.
(c) The proposition shall be numbered serially
starting from one (1). The Secretary of Local
Government or his designated representative shall
extend assistance in the formulation of the
proposition.
(d) Two or more propositions may be submitted in
an initiative.
 (e) Proponents shall have one hundred twenty
(120) days in case of autonomous regions, ninety
(90) days in case of provinces and cities, sixty (60)
days in case of municipalities, and thirty (30) days
in case of barangays, from notice mentioned in
subsection (b) hereof to collect the required
number of signatures.
(f) The petition shall be signed before the Election
Registrar, or his designated representative, in the
presence of a representative of the proponent, and
a representative of the regional assemblies and
local legislative bodies concerned in a public place
in the autonomous region or local government unit,
as the case may be. Signature stations may be
established in as many places as may be
warranted.
(g) Upon the lapse of the period herein provided,
the Commission on Elections, through its office in
the local government unit concerned shall certify as
to whether or not the required number of signatures
has been obtained. Failure to obtain the required
number is a defeat of the proposition. cd
(h) If the required number of the signatures is
obtained, the Commission shall then set a date for
the initiative at which the proposition shall be
submitted to the registered voters in the local
government unit concerned for their approval within
ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof,
in case of autonomous regions, sixty (60) days in
case of the provinces and cities, forty-five (45) days
in case of municipalities, and thirty (30) days in
case of barangays. The initiative shall then be held
on the date set, after which the results thereof shall
be certified and proclaimed by the Commission on
Elections.
Sec14. Effectivity of Local Propositions. — If the
proposition is approved by a majority of the votes
cast, it shall take effect fifteen (15) days after
certification by the Commission as if affirmative
action thereon had been made by the local
legislative body and local executive concerned. If it
fails to obtain said number of votes, the proposition
is considered defeated.
Sec15. Limitations on Local Initiatives. —
(a) The power of local initiative shall not be
exercised more than once a year.
(b) Initiative shall extend only to subjects or matters
which are within the legal powers of the local
legislative bodies to enact.
(c) If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled. However, those against such action
may, if they so desire, apply for initiative in the
manner herein provided.
Sec16. Limitations Upon Local Legislative
Bodies. — Any proposition or ordinance or
resolution approved through the system of initiative
and referendum as herein provided shall not be
repealed, modified or amended, by the local
legislative body concerned within six (6) months
from the date therefrom, and may be amended,
modified or repealed by the local legislative body
within three (3) years thereafter by a vote of three-
fourths (3/4) of all its members: Provided, however,
that in case of barangays, the period shall be one
(1) year after the expiration of the first six (6)
months.
Sec17. Local Referendum. — Notwithstanding the
provisions of Section 4 hereof, any local legislative
body may submit to the registered voters of
autonomous region, provinces, cities, municipalities
and barangays for the approval or rejection, any
ordinance or resolution duly enacted or approved.
Said referendum shall be held under the control
and direction of the Commission within sixty (60)
days in case of provinces and cities, forty-five (45)
days in case of municipalities and thirty (30) days in
case of barangays.
The Commission shall certify and proclaim the
results of the said referendum.
Sec18. Authority of Courts. — Nothing in this Act
shall prevent or preclude the proper courts from
declaring null and void any proposition approved
pursuant to this Act for violation of the Constitution
or want of capacity of the local legislative body to
enact the said measure.
Garcia v. COMELEC (1994)
The Sangguniang Bayan of Morong, Bataan in its
Resolution 10 agreed to the inclusion of the
municipality as part of the Subic Special Economic
Zone. When the municipality did not take action on
the petition of Garcia and others to annul the
resolution, the latter resorted to their power of
initiative under the LGC and started soliciting the
signatures. The COMELEC denied the pet. for local
initiative.
Held: Resolution 10 is the proper subject of an
initiative. The Constitution clearly includes not only
ordinances but resolutions as appropriate subjects of
a local initiative. An act includes a resolution (Black’s
Law Dictionary). In enacting RA 6735, Congress
implemented the constitutional command to include
acts (resolutions) as appropriate subjects of initiative.
1991 LGC did not change the scope of coverage of
local initiative as limiting the coverage to ordinances
alone. Sec. 120 merely defines the concept of local
initiative as the legal process whereby registered
voters of a LGU may directly propose, enact or
amend any ordinance. It does not deal with subjects
or matters that can be taken up in a local initiative.
Sec. 124 (which deals with local initiative subjects or
matters) clearly does not limit its application to
ordinances, but to all “subjects or matters which are
within the legal powers of the Sanggunians to enact”
which undoubtedly includes resolutions.
Sec. 125 providing for limitations upon Sanggunians
supports the interpretation, where inclusion of the
word proposition is inconsistent with respondents’
thesis that only ordinances can be the subject of local
initiatives.
Distinction between a resolution and ordinance:
Resolution: used whenever the legislature wishes to
express an opinion which is to have only a temporary
effect
Ordinance: intended to permanently direct and
control matters applying to persons or things in
general
The subject matter of the resolution in CAB does not
merely temporarily affect the people of Morong for it
directs a permanent rule of conduct or government.
Its inclusion as part of SSEZ has far reaching
implications in the governance of its people. It is not
material that the decision of the municipality came in
the form of a resolution for what matters is its
enduring effect on the welfare of the people of
Morong.
From class notes:
Can people file an initiative to rescind a contract
entered into by an LGU? It depends.
“within the competence of the sanggunian” -> if
contract needs approval of the sanggu, may be
coverd by initiative; but if purely executive function,
maybe not.
Look at whether the sanggunian has a role to play.
SBMA v. COMELEC (1996)
Continuation of Garcia case…
COMELEC promulgated Resolution 2848 providing
for the rules and guidelines to govern the conduct of
the referendum proposing to annul or repeal
Resolution 10 of the SB of Morong.
Held: The COMELEC committed grave abuse of
discretion in promulgating Resolution 2848. The
process started by private respondents was an
INITIATIVE but COMELEC made preparations for a
referendum only.
Differences between an initiative and referendum:
Initiative Referendum
- entirely the work of the - begun and consented to
electorate by the law-making body.
- process of law-making - drawn up or enacted by
by the people a legislative body.
themselves without the
participation and against
the wishes of their
elected reps.
- process and voting - voters simply write
more complex either “yes” or “no” in the
ballot
There is a need for COMELEC to supervise an
initiative more closely. Its authority extending not
only to the counting and canvassing of votes but also
to seeing to it that the matter or act submitted to the
people is in the proper form and language so it may
easily be understood and voted by the electorate.
Masturbation Tips for Guys (Part 4):
Sadly, even after decades of women's lib, men are
encouraged to be more open and expressive with
their sexuality than women are. The downside is that
fewer women feel comfortable discussing or
engaging in masturbation; the upside is that most
men are really, really good at masturbating and need
little encouragement to do so.
At MyPleasure, we firmly believe (and sexuality
experts will concur) that there is really no such thing
as "too much" masturbation. If it feels good, do it
once a day, five times a day, twice a week or
semiannually. Only you can decide how much self-
stimulation is right for you. However, if you are
worried that you masturbate too much, you may
want to reflect on your motives. Are you engaging in
solo sex for healthy reasons, such as pleasure, stress
release, celebration or sexual release? Do you
enjoying it when you masturbate, or are you doing it
to avoid something? If you are able to eat, sleep,
work or engage in any other activities you enjoy
without constantly thinking about or engaging in
masturbation, then you're perfectly fine. Masturbate
all you want! Otherwise, back off for awhile, see a
therapist and get to know yourself a little better.
If your partner is disturbed by your masturbation
practices, including technique or frequency, gently
encourage him or her to leave it alone. Masturbation
is not a replacement for sex. Just because you are
masturbating does not necessarily mean that your
partner is failing to meet your sexual needs. People
masturbate for all kinds of reasons! If there is a
relationship problem, talk it out, buy a
communication book, or see a couples therapist.
Otherwise, it's perfectly healthy, normal and positive
for both partners to masturbate. Finally, encourage
your partner to masturbate with you; this can be a
huge turn-on for both of you.
Most men masturbate by wrapping their fingers
around their erect penis and stroking it up and down
until they ejaculate. Sounds boring, doesn't it?
Centuries of practice assure us otherwise, but you
can still add a little variety. While male masturbation
tends to be focused on the penis, many men really
enjoy stimulating other areas, such as the testicles,
anus, prostate, inner thighs or nipples. If you haven't
tried stroking one of these areas while you
masturbate, give it a go. You might really like it! You
can also try one of the following techniques:
- Try a variance of your "regular" program by
using your non-dominant hand.
- Lube up and use both hands at once in a
pumping motion along your shaft.
- Encircle your penis with your thumb and
forefinger positioned in a ring, and stroke it up
and down your shaft. When you get to the top,
close the ring, then squeeze your way in as you
slide back down to the bottom of your shaft.
- With one hand, stroke your penis from top to
the bottom. When you reach the base, release it.
Meanwhile do the same thing with your other
hand, over and over again, alternating hands.
Develop a rhythm!
- Place your hands on either side of your shaft
and start spinning it like it's a stick of wood
you're trying to start a fire with. Proceed gently,
you want gentle friction, not burning flames!
- "Force" your penis into your closed fist as
though you are penetrating it. Repeat the motion
with your other hand, interchanging hands at the
end of each stroke.
- Use your open palm to swirl around the
head of your penis, the way your tongue would
lick an ice cream cone.
- Turn the head of his penis like a you're
trying to open a door knob coated with grease.
Now try turning the other way. Repeat.
(continued…)
Book II: LOCAL TAXATION
AND FISCAL MATTERS
LOCAL GOVERNMENT TAXATION
1987 Constitution, Article X
Sec3. The Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum,
allocate among the different local government units
their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions
and duties of local officials, and all other matters
relating to the organization and operation of local
units.
Sec5. Each local government unit shall have the
power to create its own sources of revenues and to
levy taxes, fees, and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
Sec6. Local government units shall have a just share,
as determined by law, in the national taxes which
shall be automatically released to them.
Sec7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization
and development of the national wealth within their
respective areas, in the manner provided by law,
including sharing the same with the inhabitants by
way of direct benefits.
See also Secs. 128-196
(Note: I didn’t include these provisions because they
were not assigned in the course outline and they
are long, but you may want to take a look at them
anyway. – Corina )
RA 7643 (1992) – An Act To Empower The
Commissioner Of Internal Revenue To Require
The Payment Of The Value-Added Tax Every
Month And To Allow Local Government Units To
Share In Vat Revenue, Amending For This
Purpose Certain Sections Of The National Internal
Revenue Code
Sec2. Sec. 282 of the National Internal Revenue
Code, as amended, is hereby further amended to
read as follows:
"Sec. 282. Disposition of national internal
revenue. — National internal revenue collected
and not applied as hereinabove provided or
otherwise specially disposed of by law shall accrue
to the National Treasury and shall be available for
 the general purposes of the Government, with the
exception of the amounts set apart by way of
allotment as provided for under Republic Act No.
7160, otherwise known as the Local Government
Code of 1991.
"In addition to the internal revenue allotment as
provided for in the preceding paragraph, fifty
percent (50%) of the national taxes collected under
Sections 100, 102, 112, 113, and 114 of this Code
in excess of the increase in collections for the
immediately preceding year shall be distributed as
follows: (a) Twenty percent (20%) shall accrue to
the city or municipality where such taxes are
collected and shall be allocated in accordance with
Section 150 of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991; and
(b) Eighty percent (80%) shall accrue to the
National Government."
RA 7716 (1994) – An Act Restructuring The Value
Added Tax (Vat) System, Widening Its Tax Based
And Enhancing Its Administration And For These
Purposes Amending And Repealing The Relevant
Provisions Of The National Internal Revenue
Code, As Amended, And For Other Purposes
Sec11. Section 115 of the National Internal Revenue
Code, as amended, is hereby further amended to
read as follows:
"Sec. 115. Percentage tax on carriers and keepers
of garages. — Keepers of garages, and common
carriers by land, air or water for the transport of
passengers, except owners of bancas, and owners
of animal-drawn two-wheeled vehicles, shall pay a
tax equivalent to three per centum (3%) of their
quarterly gross receipts.
"The gross receipts of common carriers derived
from their incoming and outgoing freight shall not
be subjected to the local taxes imposed under
Republic Act No. 7160, otherwise known as the
Local Government Code of 1991.
"In computing the percentage tax provided in this
Section, the following shall be considered the
minimum quarterly gross receipts in each particular
case:
"Jeepney for hire —
1. Manila and other cities P2,400.00
2. Provincial
1,200.00
"Public utility bus —
Not exceeding 30 passengers
P3,600.00
Exceeding 30 but not exceeding
50 passengers 6,000.00
Exceeding 50 passengers
7,200.00
"Taxis —
1. Manila and other cities P3,600.00
2. Provincial
2,400.00
Car for hire (w/ chauffeur)
3,000.00
Car for hire (w/one chauffeur) 1,800.00"
Sec17. Effectivity of the Imposition of VAT on Certain
Goods, Properties and Services. — The value-
added tax shall be levied assessed and collected
on the following, two (2) years after the effectivity of
this Act:
(a) Services performed in the exercise of
profession or calling subject to the professional tax
under the Local Government Code or Republic Act
No. 7160, and professional services performed by
registered general professional partnerships;
actors, actresses, talents, singers and emcees;
radio and television broadcasters, choreographers;
musical, radio, movie, television and stage
directors; and professional athletes;
(b) Services rendered by banks, non-bank financial
intermediaries, finance companies and other
financial intermediaries not performing quasi-
banking functions;
(c) Freight services rendered by international cargo
vessels; and
(d) The lease or use of sports facilities and
equipment by amateur players, as provided under
Republic Act No. 6847, except sports facilities and
equipment which are exclusively or mainly for the
private use of shareholders or members of the club
or organization which owns or operates such sports
facilities and equipment.
Prior to their inclusion in the coverage of the value-
added tax, the above services shall continue to pay
the applicable tax prescribed under the present
provisions of the National Internal Revenue Code,
as amended.
However, when public interest so requires, the
President, taking into account the impact on the
prices of goods and services, may, upon the
recommendation of the Secretary of Finance,
exclude any of the above services from the
coverage of the value-added tax: Provided,
however, That in the event of the exclusion of any
of the above services the existing applicable tax
under the provisions of the National Internal
Revenue Code, as amended, shall continue to be
paid on the services so excluded.
RA 8241 (1996) – An Act Amending Republic Act
No, 7716, Otherwise Known As The Expanded
Value-Added Tax Law And Other Pertinent
Provisions Of The National Internal Revenue
Code As Amended
Sec1. Section 3 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 3. Section 102 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 102. Value-added tax on sale of services and
use or lease of properties. — (a) Rate and base of
tax. — There shall be levied assessed and
collected, a value-added tax equivalent to ten
percent (10%) of gross receipts derived from the
sale or exchange of services, including the use or
lease of properties.
"The phrase 'sale or exchange of services' means
the performance of all kinds of services in the
Philippines for others for a fee, remuneration or
consideration, including those performed or
rendered by construction and service contractors;
stock, real estate, commercial, customs and
immigration brokers; lessors of property, whether
personal or real; warehousing services; lessors or
distributors of cinematographic films; persons
engaged in milling, processing, manufacturing or
repacking goods for others; proprietors, operators
or keepers of hotels, motels, resthouses, pension
houses, inns, resorts; proprietors or operators of
restaurants, refreshment parlors, cafes and other
eating places, including clubs and caterers; dealers
in securities; lending investors; transportation
contractors on their transport of goods or cargoes,
including persons who transport goods or cargoes
for hire and other domestic common carriers by
land, air, and water relative to their transport of
goods or cargoes; services of franchise grantees of
telephone and telegraph, radio and television
broadcasting and all other franchise grantees
except those under Section 117 of this Code;
services of banks, non-bank financial
intermediaries and finance companies; and non-life
insurance companies (except their crop
insurances) including surety, fidelity, indemnity and
bonding companies; and similar services
regardless of whether or not the performance
thereof calls for the exercise or use of the physical
or mental faculties. The phrase 'sale or exchange
of services' shall likewise include:
"(1) The lease or the use of or the right or
privilege to use any copyright, patent, design or
model, plan, secret formula or process, goodwill,
trademark, trade brand or other like property or
right;
"(2) The lease or the use of, or the right to use of
any industrial, commercial or scientific equipment;
"(3) The supply of scientific, technical, industrial
or commercial knowledge or information;
"(4) The supply of any assistance that is ancillary
and subsidiary to and is furnished as a means of
enabling the application or enjoyment of any such
property, or right as is mentioned in subparagraph
(2) or any such knowledge or information as is
mentioned in subparagraph (3);
"(5) The supply of services by a nonresident
person or his employee in connection with the use
of property or rights belonging to, or the installation
or operation of any brand, machinery, or other
apparatus purchased from such nonresident
person;
"(6) The supply of technical advice, assistance or
services rendered in connection with technical
management or administration of any scientific,
industrial or commercial undertaking, venture,
project or scheme;
"(7) The lease of motion picture films, films, tapes
and discs and;
"(8) The lease or the use of or the right to use
radio, television, satellite transmission and cable
television time.
"Lease of properties shall be subject to the tax
herein imposed irrespective of the place where the
contract of lease or licensing agreement was
executed if the property is leased or used in the
Philippines.
"The term 'gross receipts' means the total amount
of money or its equivalent representing the contract
price, compensation, service fee, rental or royalty,
including the amount charged for materials
supplied with the services and deposits and
advanced payments actually or constructively
received during the taxable quarter for the services
performed or to be performed for another person,
excluding value-added tax.
"(b) Transactions subject to zero percent (0%)
rate. — The following services performed in the
Philippines by VAT-registered persons shall be
subject to zero percent (0%) rate;
"(1) Processing, manufacturing or repacking
goods for other persons doing business outside the
Philippines which goods are subsequently
exported, where the services are paid for the in
acceptable foreign currency and accounted for in
accordance with the rules and regulations of the
Bangko Sentral ng Pilipinas (BSP);
"(2) Services other than those mentioned in the
preceding subparagraph, the consideration for
which is paid for in acceptable foreign currency and
accounted for in accordance with the rules and
regulations of the Bangko Sentral ng Pilipinas
(BSP);
"(3) Services rendered to persons or entities
whose exemption under laws or international
agreements to which the Philippines is a signatory
effectively subjects the supply of such services to
zero percent (0%) rate;
"(4) Services rendered to vessels engaged
exclusively in international shipping; and
"(5) Services performed by subcontractors and/or
contractors in processing, converting, or
manufacturing goods for an enterprise whose
export sales exceed seventy percent (70%) of total
annual production.
"(c) Determination of the Tax. — The tax shall
be computed by multiplying the total amount
indicated in the official receipt by 1/11."

SEC2. Section 4 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 4. Section 103 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 103. Exempt Transactions. — The following
shall be exempt from the value-added tax:
"(a) Sale of nonfood agricultural products; marine
and forest products in their original state by the
primary producer or the owner of the land where
the same are produced;
"(b) Sale of cotton and cotton seeds in their
original state and copra;
"(c) Sale or importation of agricultural and marine
food products in their original state, livestock and
poultry of a kind, generally used as, or yielding or
producing foods for human consumption; and
breeding stock and genetic materials therefor.
"Products classified under this paragraph and
paragraph (a) shall be considered in their original
state even if they have undergone the simple
processes of preparation or preservation for the
market, such as freezing, drying, salting, broiling,
roasting, smoking or stripping. Polished and/or
husked rice, corn grits, raw cane sugar and
molasses, and ordinary salt shall be considered in
their original stated;
"(d) Sale or importation of fertilizers; seeds,
seedlings and fingerlings; fish, prawn, livestock and
poultry feeds, including ingredients, whether locally
produced or imported, used in the manufacture of
finished feeds (except specialty feeds for race
horses, fighting cocks, aquarium fish, zoo animals
and other animals generally considered as pets);
"(e) Sale or importation of coal and natural gas, in
whatever form or state, and petroleum products
(Except lubricating oil processed gas, grease, wax,
and petrolatum) subject to excise tax imposed
under Title VI;
"(f) Sale or importation of raw materials to be
used by the buyer or importer himself in the
manufacture of petroleum products subject to
excise tax, except lubricating oil, processed gas,
grease, wax, and petrolatum;
"(g) Importation of passenger and/or cargo vessel
of more than five thousand tons, whether coastwise
or ocean-going, including engine and spare parts of
said vessel to be used by the importer himself as
operator thereof;
"(h) Importation of personal and household
effects belonging to the residents of the Philippines
returning from abroad and nonresident citizens
coming to resettle in the Philippines: Provided, That
such goods are exempt from customs duties under
the Tariff and Customs Code in the Philippines;
"(i) Importation of professional instruments and
implements, wearing apparel, domestic animals,
and personal household effects (except any
vehicle, vessel, aircraft, machinery, other goods for
use in the manufacture and merchandise of any
kind in commercial quantity) belonging to persons
coming to settle in the Philippines, for their own use
and not for sale, barter or exchange, accompanying
such persons, or arriving within ninety (90) days
before or after their arrival, upon the production of
evidence satisfactory to the Commissioner of
Internal Revenue; that such persons are actually
coming to settle in the Philippines and that the
change of residence is bona fide;
"(j) Services subject to percentage tax under
Title V;
"(k) Services by agricultural contract growers and
milling for others of palay into rice, corn into grits
and sugar case into raw sugar;
"(l) Medical, dental, hospital and veterinary
services subject to the provisions of Section 17 of
Republic Act No. 7716, as amended;
"(m) Educational services rendered by private
educational institutions, duly accredited by the
Department of Education, Culture and Sports
(DECS) and the Commission on Higher Education
(CHED), and those rendered by government
educational institutions;
"(n) Sale by the artist himself of his works or art,
literary works, musical compositions and similar
creations, or his services performed for the
production of such works;
"(o) Services rendered by individuals pursuant to
an employer-employee relationship;
"(p) Services rendered by regional or area
headquarters established in the Philippines by
multinational corporations which act as supervisory,
communications and coordinating centers for their
affiliates, subsidiaries or branches in the Asia-
Pacific Region and do not earn or derive income
from the Philippines;
"(q) Transactions which are exempt under
international agreements to which the Philippines is
a signatory or under special laws, except those
under Presidential Decree Nos. 66, 529, and 1590;
"(r) Sales by agricultural cooperatives duly
registered with the Cooperative Development
Authority to their members as well as sale or their
produce, whether in its original state or processed
form, to non-members; their importation of direct
farm inputs, machineries and equipment, including
spare parts thereof, to be used directly and
exclusively in the production and/or processing of
their produce;
"(s) Sales by electric cooperatives duly registered
with the Cooperative Development Authority or
National Electrification Administration, relative to
the generation and distribution of electricity as well
as their importation of machineries and equipment,
including spare parts, which shall be directly used
in the generation and distribution of electricity;
"(t) Gross receipts from lending activities by
credit or multi-purpose cooperatives duly registered
with the Cooperative Development Authority whose
lending operation is limited to their members;
"(u) Sales by non-agricultural, non-electric and
non-credit cooperatives duly registered with the
Cooperative Development Authority: Provided, That
the share capital contribution of each member does
not exceed Fifteen thousand pesos (P15,000.00)
and regardless of the aggregate capital and net
surplus ratably distributed among the members;
"(v) Export sales by persons who are not VAT-
registered;
"(w) Sale of real properties not primarily held for
sale to customers or held for lease in the ordinary
course of trade or business or realty property
utilized for low-cost and socialized housing as
defined by Republic Act No. 7279, otherwise known
as the Urban Development and Housing Act of
1992, and other related laws, house and lot and
other residential dwellings valued at One million
pesos (P1,000,000.00) and below: Provided, That
not later than January 31st of the calendar year
subsequent to the effectivity of this Act and each
calendar year thereafter, the amount of One million
pesos (P1,000,000.00) shall be adjusted to its
present value using the consumer price index, as
published by the National Statistics Office (NSO);
"(x) Lease of a residential unit with a monthly
rental not exceeding Eight thousand pesos
(P8,000.00): Provided, That not later than January
31st of the calendar year subsequent to the
effectivity of this Act and each calendar year
thereafter, the amount of Eight thousand pesos
(P8,000.00) shall be adjusted to its present value
using the consumer price index, as published by
the National Statistics Office (NSO);
"(y) Sale, importation, printing or publication of
books and any newspaper, magazine, review, or
bulletin which appears at regular intervals with fixed
prices for subscription and sale and which is not
devoted principally to the publication of paid
advertisements;
"(z) Sale or lease of goods or properties or the
performance of services other than the transactions
mentioned in the preceding paragraphs, the gross
annual sales and/or receipts do not exceed the
amount of Five hundred fifty thousand pesos
(P550,000.00): Provided, That not later than
January 31st of the calendar year subsequent to
the effectivity of this Act and each calendar year
thereafter, the amount of Five hundred fifty
thousand pesos (P550,000.00) shall be adjusted to
its present value using the consumer price index,
as published by the National Statistics Office
(NSO);
"The foregoing exemptions to the contrary
notwithstanding any person whose sale of goods or
properties or services which are otherwise not
subject to VAT, but who issues a VAT invoice or
receipt therefor shall, in addition to his liability to
other applicable percentage tax, if any, be liable to
the tax imposed in Section 100 or 102 without the
benefit of input tax credit, and such tax shall not
also be recognized as input tax credit to the
purchaser under Section 104, all of this Code."
Sec3. Section 105 of the National Internal Revenue
Code, as amended, is hereby further amended to
read as follows:
"Sec. 105. Transitional/Presumptive Input Tax
Credits. — (a) Transitional Input Tax Credits. —
A person who becomes liable to value-added tax or
any person who elects to be a VAT-registered
person shall, subject to the filing of an inventory as
prescribed by regulations, be allowed input tax on
his beginning inventory of goods, materials and
supplies equivalent to eight percent (8%) of the
value of such inventory or the actual value-added
tax paid on such goods, materials and supplies,
whichever is higher, which shall be creditable
against the output tax.
"(b) Presumptive input tax credits. — (1)
Persons or firms engaged in the processing of
sardines, mackerel, and milk, and in manufacturing
refined sugar and cooking oil, shall be allowed a
presumptive input tax, creditable against the output
tax, equivalent to one and one-half percent (1.5%)
of the gross value in money of their purchases of
primary agricultural products which are used as
inputs to their production.
"As used in this paragraph (b), the term
'processing' shall mean pasteurization, canning and
activities which through physical or chemical
process alter the exterior texture or form or inner
substance of a product in such manner as to
prepare it for special use to which it could not have
been put in its original form or condition.
"(2) Public works contractors shall be allowed a
presumptive input tax equivalent to one and one-
half percent (1.5%) of the contract price with
respect to government contracts only in lieu of
actual input taxes therefrom."
Sec4. Section 7 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 7. Section 107 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 107. Registration of value-added
taxpayers. — (a) In General. — Any person
subject to a value-added tax under Sections 100
and 102 of this Code shall register with the
appropriate Revenue District Officer and pay an
annual registration fee in the amount of One
thousand pesos (P1,000.00) for every separate or
distinct establishment or place of business and
every year thereafter on or before the last day of
January. Any person just commencing a business
subject to the value-added tax must pay the fee
before engaging therein.
"A Person who maintains a head or main office and
branches in different places shall register with the
Revenue District Office which has jurisdiction over
the place wherein the main or head office is
located. However, the fee shall be paid to the
Revenue district Officer, collection agent,
authorized treasurer of the municipality where each
place of business or branch is situated.
"(b) Persons commencing business. — Any
person who expects to realize gross sales or
receipts subject to valued-added tax in excess of
the amount prescribed under Section 103(z) of this
Code for the next 12-month period from the
commencement of the business shall, within thirty
(30) days before the start of the said business
register with the Revenue District Officer who has
jurisdiction over his principal place of business and
shall pay the annual registration fee prescribed in
the preceding paragraph.
"(c ) Persons becoming liable to the value-
added tax. — Any person whose gross sales or
receipts in any 12-month period exceeds the
amount prescribed under Section 103(z) of this
Code for exemption from the value-added tax shall
register and pay the annual registration fee
prescribed in paragraph (a) of this section within
thirty (30) days after the end of the last month of
that period, and shall be liable to the valued-added
tax commencing from the first day of the month
following his registration.
"(d) Optional registration of exempt person. —
Any person whose transactions are exempt from
value-added tax under Section 103(z) of this Code,
Section 103(a), (b), (c ), and (d) of this Code with
respect to export sales only, and Section 103(j) with
respect to service of franchise grantees of radio
and/or television broadcasting as defined under
Section 117 of this Code, may apply for registration
as a VAT-registered person not later than ten (10)
days before the beginning of the taxable quarter
and shall pay the annual registration fee prescribed
in subparagraph (a) of this section.
"In any case, the Commissioner may, for
administrative reason, deny any application for
registration.
"For purposes of this Title, any person registered in
accordance with the provisions of this section shall
be referred to as a 'VAT-registered person.' Each
VAT-registered person shall be assigned only one
taxpayer's identification number.
"(e) Cancellation of registration. — The
registration of any person who ceases to be liable
to the valued-added tax shall be cancelled by the
Commissioner upon filing of an application for
cancellation of registration. Any person who opted
to be registered under paragraph (d) of this section
may, under regulation of the Secretary of Finance,
apply for cancellation of such registration."
Sec5. Section 9 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 9. Section 110(c) of the National Internal
Revenue Code, is hereby further amended to read
as follows:
"(c) Withholding of Creditable Value-Added Tax.
— The government or any of its political
subdivisions, instrumentalities or agencies,
including government-owned or controlled
corporations (GOCCs) shall, before making
payment on account of each purchase of goods
from sellers and services rendered by contractors
which are subject to the value-added tax imposed
in Section 100 and 102 of this Code, deduct and
withhold the value-added tax due at the rate of
three percent (3%) of the gross payment for the
purchase of goods and six percent (6%) on gross
receipts for services rendered by contractors on
every sale or installment payment which shall be
creditable against the valued-added tax liability of
the seller or contractor: Provided, however, That in
the case of government public works contractors,
the withholding rate shall be eight and one-half
percent (8.5%): Provided, further, That the payment
for lease or use of properties or property rights to
nonresident owners shall be subject to ten percent
(10%) withholding tax at the time of payment. For
this purpose, the payor of person in control of the
payment shall be considered as the withholding
agent.
'The value-added tax withheld under this section
shall be remitted with ten (10) days following the
end of the month the withholding was made.'
Sec6. Section 10 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 10. Section 112 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 112. Tax on persons exempt from value-
added tax (VAT). — Any person whose sales or
receipts are exempt under Section 103(z) of this
Code from the payment of value-added tax and
who is not a VAT-registered person shall pay a tax
equivalent to three percent (3%) of his gross
quarterly sales or receipts: Provided, That
cooperatives shall be exempt from the three
percent (3%) gross receipt tax herein imposed."
Sec7. Section 11 of Republic Act No. 7716 is hereby
amended to read as follows:
'Sec. 11. Section 115 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 115. Percentage tax on domestic carriers
and keepers of garages. — Cars for rent or hire
driven by the lessee, transportation contractors,
including persons who transport passenger for hire,
and other domestic carriers by land, air or water, for
the transport of passengers, except owners of
 bancas, and owners of animal-drawn two-wheeled
vehicle, and keepers of garages shall pay a tax
equivalent to three per centum (3%) of their
quarterly gross receipts.
"The gross receipts of common carriers derived
from their incoming and outgoing freight shall not
be subjected to the local taxes imposed under
Republic Act No. 7160, otherwise known as the
Local Government Code of 1991.
"In computing the percentage tax provided in this
section, the following shall be considered the
minimum quarterly gross receipts in each particular
case:
"Jeepney for hire —
"1. Manila and other cities P2,400.00
"2. Provincial
1,200.00
"Public utility bus —
"Not exceeding 30 passengers P3,600.00
"Exceeding 30 but not exceeding
50 passengers 6,000.00
"Exceeding 50 passengers
7,200.00
"Taxis —
"1. Manila and other cities P3,600.00
"2. Provincial
3,400.00
"Car for hire (w/chauffeur)
3,000.00
"Car for hire (w/o chauffeur)
1,800.00"
Sec8. A new section is hereby added after Section
115 of the National Internal Revenue Code, as
amended, to read as follows:
"Sec. 115-A. Percentage tax on international
carriers. —
"a) International air carriers doing business in
the Philippines shall pay a tax of three per centum
(3%) of their quarterly gross receipts.
"(b) International shipping carriers doing business
in the Philippines shall pay a tax equivalent to three
percent (3%) of their quarterly gross receipts."
Sec9. Section 12 of Republic Act No. 7716 is hereby
amended to read as follows:
"Sec. 12. Section 117 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 117. Tax on franchise. — Any provision of
general or special law to the contrary,
notwithstanding, there shall be levied, assessed
and collected in respect to all franchises on radio
and/or television broadcasting companies whose
annual gross receipts of the preceding year does
not exceed Ten million pesos (P10,000,000.00),
subject to Section 107(d) of this Code, a tax of two
three percent (3%) and on electric, gas and water
utilities, a tax of two percent (2%) on the gross
receipts derived from the business covered by the
law granting the franchise: Provided, however, That
radio and television broadcasting companies
referred to in this section, shall have an option to
be registered as a value-added tax payer and pay
the tax due thereon: Provided, further, That once
the option is exercised, it shall not be revoked.
"The grantee shall file the return with, and pay the
tax due thereon to, the Commissioner of Internal
Revenue or his duly authorized representative in
accordance with the provisions of Section 125 of
this Code and the return shall be subject to audit by
the Bureau of Internal Revenue, any provision of
any existing law to the contrary notwithstanding."
Sec10. Section 15 of Republic Act No. 7716 is
hereby amended to read as follows:
"Sec. 15. Section 237 of the National Internal
Revenue Code, as amended, is hereby further
amended to read as follows:
"Sec. 237. Registration of Name or Style with
the Revenue District Officer or Collection
Agent. — Every person, other than persons
required to be registered under the provisions of
Section 107 engaged in any business shall, on or
before the commencement of his business shall, on
or before the commencement of his business, or
whenever he transfers to another revenue district,
register with the Revenue District Officer concerned
within 10 days from the commencement of
business or transfer and shall pay the annual
registration fee in the amount of Five hundred
pesos (P500.00) for every separate or distinct
establishment or place of business and every year
thereafter on or before the last day of January. The
fee shall be paid to the Revenue District Officer,
collection agent, authorized treasurer of the
municipality where each place of business or
branch is situated. In cities or municipalities where
no Revenue District Officer is stationed, such
person shall register and pay the fee prescribed
herein with the collection agent. The registration
shall contain his name or style, place of where such
business is carried on, and such other information
as may be required by the Commissioner in the
form prescribed therefor. In the case of a firm, the
names and residences of the various persons
constituting the same shall also be registered. The
Commissioner, after taking into consideration the
volume of sales, financial condition and other
relevant factors, may require the registrant to
guarantee the payment of his taxes by way of
advance payment, or the posting or filing of a
security, guarantee or collateral acceptable to the
Commissioner: Provided, however, That
cooperatives shall not pay the registration fee
imposed herein.'
Sec11. Section 17 of Republic Act No. 7716 is hereby
amended to read as follows:
 "Sec. 17. Effectivity of the Imposition of VAT on
Certain Goods, Properties and Services. — The
value-added tax shall be levied, assessed and
collected on the following transactions, starting
January 1, 1998:
"(a) Services performed in the exercise of
profession or calling subject to the professional tax
under the Local Government Code of Republic Act
No. 7160, and professional services performed by
registered general professional partnerships;
actors, actresses, talents, singers and emcees;
radio and television broadcasters, choreographers;
musical, radio, movie, television and stage
directors; and professional athletes;
"(b) Services rendered by banks, non-bank
financial intermediaries, finance companies and
other financial intermediaries, not performing quasi-
banking functions; and
"(c ) The lease or use of sports facilities and
equipment by amateur players, as provided under
Republic Act No. 6847, except sports facilities and
equipment which are exclusively or mainly for the
private use of shareholders or members of the club
or organization which owns or operates such sports
facilities and equipment.
"Prior to their inclusion in the coverage of the
valued-added tax the above services shall continue
to pay the applicable tax prescribed under the
present provisions of the National Internal Revenue
Code, as amended.
"However, when public interest so requires, the
Congress of the Republic of the Philippines, taking
into account the impact on prices of goods and
services, may, exclude any of the above services
from the coverage of the value-added tax:
Provided, however, That in the event of the
exclusion of any of the above services the existing
applicable tax under the provisions of the National
Internal Revenue Code, as amended, shall
continue to be paid on the service so excluded."
xxx
Sec13. Repealing Clause. — The provisions of
Republic Act No. 6938, otherwise known as the
Cooperative Code of the Philippines, authorizing
the exemption of cooperatives from the sales or
value-added tax are hereby repealed. All other
laws, orders, issuances, rules and regulations or
parts thereof which are not consistent with this Act
are hereby repealed amended or modified
accordingly.
National Internal Revenue Code (1997)
Sec117. Percentage Tax on Domestic Carriers and
Keepers of Garages. — Cars for rent or hire
driven by the lessee, transportation contractors,
including persons who transport passengers for
hire, and other domestic carriers by land, air or
water, for the transport of passengers, except
owners of bancas and owners of animal-drawn two
wheeled vehicle, and keepers of garages shall pay
a tax equivalent to three percent (3%) of their
quarterly gross receipts.
"The gross receipts of common carriers derived
from their incoming and outgoing freight shall not
be subjected to the local taxes imposed under
Republic Act No. 7160, otherwise known as the
Local Government Code of 1991.
"In computing the percentage tax provided in this
Section, the following shall be considered the
minimum quarterly gross receipts in each particular
case:
"Jeepney for hire —
"1. Manila and other cities P2,400
"2. Provincial
1,200
"Public utility bus —
"Not exceeding 30 passengers P3,600
"Exceeding 30 but not exceeding 50
passengers 6,000
"Exceeding 50 passengers
7,200
"Taxis —
"1. Manila and other cities 3,600
"2. Provincial
2,400
"Car for hire (with chauffeur) 3,000
"Car for hire (without chauffeur)
1,800
Sec283. Disposition of National Internal Revenue.
— National internal revenue collected and not
applied as hereinabove provided or otherwise
specially disposed of by law shall accrue to the
National Treasury and shall be available for the
general purposes of the Government, with the
exception of the amounts set apart by way of
allotment as provided for under Republic Act No.
7160, otherwise known as the Local Government
Code of 1991.
"In addition to the internal revenue allotment as
provided for in the preceding paragraph, fifty
percent (50%) of the national taxes collected under
Sections 106, 108 and 116 of this Code in excess
of the increase in collections for the immediately
preceding year shall be distributed as follows:
"(a) Twenty percent (20%) shall accrue to the city
or municipality where such taxes are collected and
shall be allocated in accordance with Section 150
of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991; and
"(b) Eighty percent (80%) shall accrue to the
National Government.
Sec287. Shares of Local Government Units in the
Proceeds from the Development and Utilization
of the National Wealth. — Local government units
shall have an equitable share in the proceeds
derived from the utilization and development of the
national wealth, within their respective areas,
including sharing the same with the inhabitants by
way of direct benefits.
"(A) Amount of Share of Local Government
Units. — Local government units shall, in addition
to the internal revenue allotment, have a share of
forty percent (40%) of the gross collection derived
by the national government from the preceding
fiscal year from excise taxes on mineral products,
royalties, and such other taxes, fees or charges,
including related surcharges, interests or fines, and
from its share in any co-production, joint venture or
production sharing agreement in the utilization and
development of the national wealth within their
territorial jurisdiction.
"(B) Share of the Local Governments from Any
Government Agency or Government-owned or
-Controlled Corporation. — Local government
units shall have a share, based on the preceding
fiscal year, from the proceeds derived by any
government agency or government-owned or
-controlled corporation engaged in the utilization
and development of the national wealth based on
the following formula, whichever will produce a
higher share for the local government unit:
"(1) One Percent (1%) of the gross sales
or receipts of the preceding calendar year; or
"(2) Forty percent (40%) of the excise
taxes on mineral products, royalties, and
such other taxes, fees or charges, including
related surcharges, interests or fines the
government agency or government-owned or
-controlled corporation would have paid if it
were not otherwise exempt.
"(C) Allocation of Shares. — The share in the
preceding Section shall be distributed in the
following manner:
"(1) Where the natural resources are
located in the province:
"(a) Province — twenty percent (20%);
"(b) Component city/municipality — forty-
five percent (45%); and
"(c) Barangay — thirty-five percent
(35%).
"Provided, however, That where the natural
resources are located in two (2) or more
provinces, or in two (2) or more component
cities or municipalities or in two (2) or more
barangays, their respective shares shall be
computed on the basis of: (1) Population —
seventy percent (70%); and (2) Land area —
thirty percent (30%).
"(2) Where the natural resources are
located in a highly urbanized or independent
component city:
"(a) City — sixty-five percent (65%); and
"(b) Barangay — thirty-five percent
(35%).
"Provided, however, That where the natural
resources are located in two (2) or more
cities, the allocation of shares shall be based
on the formula on population and land area
as specified in subsection (C)(1) hereof.
RA 8245 (1996) – An Act Appropriating The Sum
Of P14,455,000,000 For The Increased Share In
1997 Of LGUs In The National Internal Revenue
Taxes And For Other Purposes
Sec1. Appropriation, Allotment and Release of
Funds. — The amount of Fourteen billion four
hundred fifty-five million pesos (14,455,000,000) is
hereby appropriated for the increased share in
1997 of local government units in the internal
revenue taxes pursuant to Section 284 of Republic
Act No. 7160, the Local Government Code of 1991,
and shall be apportioned among the local
government units in accordance with the formula
prescribed in Section 285 thereof, after deducting
the actual cost of devolution and the cost of city-
funded hospitals as of December 31, 1992. Said
internal revenue allotment shall be released directly
by the Department of Budget and Management to
the local government units concerned.
Sec2. Use of Funds. — The use of funds herein
appropriated shall be in accordance with the
provisions of the Local Government Code of 1991,
Republic Act No. 7160.
RA 7942 (1995) – An Act Instituting A New System
Of Mineral Resources Exploration, Development,
Utilization, And Conservation
Sec82. Allocation of Government Share. — The
Government share as referred to in the preceding
sections shall be shared and allocated in
accordance with Sections 290 and 292 of Republic
Act No. 7160 otherwise known as the Local
Government Code of 1991. In case the
development and utilization of mineral resources is
undertaken by a government-owned or -controlled
corporation, the sharing and allocation shall be in
accordance with Sections 291 and 292 of the said
Code.
RA8424 amending Sec24 of RA7916 - An Act
Amending The National Internal Revenue Code,
As Amended, And For Other Purposes
Sec24. Income Tax Rates. —
"(A) Rates of Income Tax on Individual Citizen
and Individual Resident Alien of the
Philippines. —
"(1) An income tax is hereby imposed:
"(a) On the taxable income defined in
Section 31 of this Code, other than income
subject to tax under Subsections (B), (C) and
(D) of this Section, derived for each taxable
year from all sources within and without the
Philippines by every individual citizen of the
Philippines residing therein;
"(b) On the taxable income defined in
Section 31 of this Code, other than income
subject to tax under Subsections (B), (C) and
(D) of this Section, derived for each taxable
year from all sources within the Philippines
by an individual citizen of the Philippines who
is residing outside of the Philippines including
overseas contract workers referred to in
Subsection (C) of Section 23 hereof; and
"(c) On the taxable income defined in
Section 31 of this Code, other than income
subject to tax under Subsections (B), (C) and
(D) of this Section, derived for each taxable
year from all sources within the Philippines
by an individual alien who is a resident of the
Philippines.
"The tax shall be computed in accordance with and
at the rates established in the following schedule:
"Not over P10,000 5%
"Over P10,000 but not over P30,000
P500+10% of the excess over P10,000
"Over P30,000 but not over P70,000
P2,500+15% of the excess over P30,000
"Over P70,000 but not over P140,000
P8,500+20% of the excess over P70,000
"Over P140,000 but not over P250,000
P22,500+25% of the excess over P140,000
"Over P250,000 but not over P500,000
P50,000+30% of the excess over P250,000
"Over P500,000
P125,000+34% of the excess over P500,000
in 1998.
"Provided, That effective January 1, 1999, the top
marginal rate shall be thirty-three percent (33%)
and effective January 1, 2000, the said rate shall
be thirty-two percent (32%).
"For married individuals, the husband and wife,
subject to the provision of Section 51(D) hereof,
shall compute separately their individual income tax
based on their respective total taxable income:
Provided, That if any income cannot be definitely
attributed to or identified as income exclusively
earned or realized by either of the spouses, the
same shall be divided equally between the spouses
for the purpose of determining their respective
taxable income.
"(B) Rate of Tax on Certain Passive Income: —
"(1) Interests, Royalties, Prizes, and Other
Winnings. — A final tax at the rate of twenty
percent (20%) is hereby imposed upon the
amount of interest from any currency bank
deposit and yield or any other monetary
benefit from deposit substitutes and from
trust funds and similar arrangements;
royalties, except on books, as well as other
literary works and musical compositions,
which shall be imposed a final tax of ten
percent (10%); prizes (except prizes
amounting to Ten thousand pesos (P10,000)
or less which shall be subject to tax under
Subsection (A) of Section 24; and other
winnings (except Philippine Charity
Sweepstakes and Lotto winnings), derived
from sources within the Philippines:
Provided, however, That interest income
received by an individual taxpayer (except a
nonresident individual) from a depository
bank under the expanded foreign currency
deposit system shall be subject to a final
income tax at the rate of seven and one-half
percent (7 ½%) of such interest income:
Provided, further, That interest income from
long-term deposit or investment in the form of
savings, common or individual trust funds,
deposit substitutes, investment management
accounts and other investments evidenced
by certificates in such form prescribed by the
Bangko Sentral ng Pilipinas (BSP) shall be
exempt from the tax imposed under this
Subsection: Provided, finally, That should the
holder of the certificate pre-terminate the
deposit or investment before the fifth (5th)
year, a final tax shall be imposed on the
entire income and shall be deducted and
withheld by the depository bank from the
proceeds of the long-term deposit or
investment certificate based on the remaining
maturity thereof:
"Four (4) years to less than five (5) years —
5%;
"Three (3) years to less than four (4) years —
12%; and
"Less than three (3) years — 20%.
"(2) Cash and/or Property Dividends. — A final
tax at the following rates shall be imposed
upon the cash and/or property dividends
actually or constructively received by an
individual from a domestic corporation or
from a joint stock company, insurance or
mutual fund companies and regional
operating headquarters of multinational
companies, or on the share of an individual in
the distributable net income after tax of a
partnership (except a general professional
partnership) of which he is a partner, or on
the share of an individual in the net income
after tax of an association, a joint account, or
a joint venture or consortium taxable as a
 corporation of which he is a member or co-
venturer:
"Six percent (6%) beginning January 1, 1998;
"Eight percent (8%) beginning January 1,
1999;
"Ten percent (10%) beginning January 1,
2000.
"Provided, however, That the tax on
dividends shall apply only on income earned
on or after January 1, 1998. Income forming
part of retained earnings as of December 31,
1997 shall not, even if declared or distributed
on or after January 1, 1998, be subject to this
tax. cdtai
"(C) Capital Gains from Sale of Shares of
Stock not Traded in the Stock Exchange. — The
provisions of Section 39(B) notwithstanding, a final
tax at the rates prescribed below is hereby imposed
upon the net capital gains realized during the
taxable year from the sale, barter, exchange or
other disposition of shares of stock in a domestic
corporation, except shares sold, or disposed of
through the stock exchange.
"Not over P100,000 5%
"On any amount in excess of P100,000 10%
"(D) Capital Gains from Sale of Real Property.
— Government
"(1) In General. — The provisions of Section
39(B) notwithstanding, a final tax of six
percent (6%) based on the gross selling price
or current fair market value as determined in
accordance with Section 6(E) of this Code,
whichever is higher, is hereby imposed upon
capital gains presumed to have been realized
from the sale, exchange, or other disposition
of real property located in the Philippines,
classified as capital assets, including pacto
de retro sales and other forms of conditional
sales, by individuals, including estates and
trusts: Provided, That the tax liability, if any,
on gains from sales or other dispositions of
real property to the government or any of its
political subdivisions or agencies or to
government-owned or -controlled
corporations shall be determined either under
Section 24(A) or under this Subsection, at
the option of the taxpayer;
"(2) Exception. — The provisions of paragraph (1)
of this Subsection to the contrary
notwithstanding, capital gains presumed to
have been realized from the sale or
disposition of their principal residence by
natural persons, the proceeds of which is
fully utilized in acquiring or constructing a
new principal residence within eighteen (18)
calendar months from the date of sale or
disposition, shall be exempt from the capital
gains tax imposed under this Subsection:
Provided, That the historical cost or adjusted
basis of the real property sold or disposed
shall be carried over to the new principal
residence built or acquired: Provided, further,
That the Commissioner shall have been duly
notified by the taxpayer within thirty (30) days
from the date of sale or disposition through a
prescribed return of his intention to avail of
the tax exemption herein mentioned:
Provided, still further, That the said tax
exemption can only be availed of once every
ten (10) years: Provided, finally, That if there
is no full utilization of the proceeds of sale or
disposition, the portion of the gain presumed
to have been realized from the sale or
disposition shall be subject to capital gains
tax. For this purpose, the gross selling price
or fair market value at the time of sale,
whichever is higher, shall be multiplied by a
fraction which the unutilized amount bears to
the gross selling price in order to determine
the taxable portion and the tax prescribed
under paragraph (1) of this Subsection shall
be imposed thereon.
RA 8975 (2000) – An Act To Ensure The
Expeditious Implementation And Completion Of
Infrastructure Projects By
Prohibiting Lower Courts From Issuing
Temporary Restraining Orders, Preliminary
Injunctions Or Preliminary Mandatory Injunctions,
Providing Penalties For Violations Thereof, And
For Other Purposes
Sec7. Issuance of Permits. — Upon payment in
cash of the necessary fees levied under Republic
Act No. 7160, as amended, otherwise known as the
Local Government Code of 1991, the governor of
the province or mayor of a highly-urbanized city
shall immediately issue the necessary permit to
extract sand, gravel and other quarry resources
needed in government projects. The issuance of
said permit shall consider environmental laws, land
use ordinances and the pertinent provisions of the
Local Government Code relating to environment.
RA 9165 (2002) - An Act Instituting The
Comprehensive Dangerous Drugs Act Of 2002,
Repealing Republic Act No. 6425, Otherwise
Known As The Dangerous Drugs Act Of 1972, As
Amended, Providing Funds Therefor, And For
Other Purposes
Sec51. Local Government Units' Assistance. —
Local government units shall appropriate a
substantial portion of their respective annual
budgets to assist in or enhance the enforcement of
this Act giving priority to preventive or educational
 programs and the rehabilitation or treatment of drug
dependents.
From class notes:
Where do LGUs get their money?
 portion of the internal revenue collected (IRA)
 power to levy taxes
 just share in the utilization of natural resources
 also generate own source
2/3 of income of LGUs come from IRA
Basco v. PAGCOR (1991)
Manila, being a mere municipal corporation, has no
inherent right to impose taxes. Congress has the
power of control over local governments. If Congress
can grant Manila the power to tax certain matters, it
can also provide for exemptions or even take back
the power.
LGUs also have no power to tax instrumentalities of
the National Government. PAGCOR, being such,
should be and actually is exempt from local taxes.
Otherwise, mere creatures of the State can defeat
national policies thru extermination of what local
authorities may perceive to be undesirable activities
or enterprise using the power to tax as a tool for
regulation.
From class notes:
LGU no inherent power to tax? Not exactly true,
because there is constitutional basis (but can’t say
that it is inherent)
BASCO IS NO LONGER GOOD LAW!!!
Figuerres v. CA (1999)
Figuerres received a notice of assessment from the
municipal treasurer, which was based on a number of
ordinances. Petitioner thus bought a prohibition suit
on the ground that the ordinances were invalid for
having been adopted without public hearings and
prior publication or posting.
Held: Petitioner failed to exhaust administrative
remedies. The legal questions raised by petitioner
require proof of facts for their resolution. The action
before the CA was thus premature.
It is the Sec. of Justice who can take cognizance of a
case involving the constitutionality or legality of tax
ordinances where, as in this case, there are factual
issues involved.
There need be no fear that compliance with the rule
on exhaustion will unduly delay resort to courts. Sec.
187 requires the Sec. to render a decision within 60
days from the date of receipt of the appeal, after
which the aggrieved party may file appropriate
proceedings with a court.
From class notes:
no need to go to DOJ Sec. on pure questions of law
when there is a factual issue – go to DOJ SEC.
Sir: but one might still be able to go to court.
City of Olongapo v. Stallholders of the East Bajac
– Bajac Public Market of Olongapo City (2000)
Respondents questioned the validity of an ordinance
fixing the monthly rental fees for stall in the public
market. They alleged among others, that the rates
were unjust, excessive, oppressive, confiscatory and
not equitable. The Sec. of Justice upheld its validity
and refrained from taking action when MR was filed.
Respondents then field an actin for declaration of
nullity of the ordinance with the RTC. RTC, without
trial, rendered a decision sustaining the validity of the
ordinance.
Held: The RTC’s function is not limited to determining
whether there is evidence in the administrative record
substantial enough to support the findings therein.
As determined by the allegations of the complaint or
pet., the pet. filed with the RTC cannot be limited to
reviewing evidence adduced before the Sec. of
Justice. The Memorandum and the accompanying
letter amounted to an abdication by the Sec. of his
jurisdiction over the appeal.
From class notes:
When can a tax law be considered oppressive?
 wide area of discretion
 factual issue that needs trial – thresh it out at the
court level
Estanislao v. Costales (1991)
An ordinance of Zamboanga City imposed a P.01 tax
per liter of softdrinks produced, manufactured and/or
bottled within the territorial jurisdiction of Z City.
Held: The ordinance is ultra vires and is not within
the authority of the city to impose. The authority of
the city is limited to the imposition of a percentage tax
on the gross sales or receipts of said product. The
tax being imposed under said ordinance is based on
the output or production and not on the gross sales or
receipts.
The ordinance cannot be considered valid on the
ground that the Minister of Finance failed to take
action within the prescribed period. There is no
authority under the Local Tax Code for the conclusion
that since the minister failed to act or otherwise
suspend the effectivity of the tax ordinance within 120
days from receipt of a copy thereof, said ordinance is
valid and remains in force. By the Sec.’s failure to
act, it does not follow as a legal consequence that an
otherwise invalid ordinance is thereby validated.
The presented period for review is only directory and
the Sec. may still review the ordinance and act
accordingly even after the lapse of the said period
provided he acts within a reasonable time. Same
goes for the provincial and city treasurers.
From class notes:
Period now is 60 days (not 120 days).
You can only tax as you are told to tax.
Floro Cement v. Gorospe (1991)
As the power of taxation is a high prerogative of
sovereignty, the general rule is that any claim for
exemption from the tax statute should be strictly
construed against the taxpayer. He who claims an
exemption must be able to point out some provision
of law creating the right; it cannot be allowed to exist
upon a mere implication or inference.
The manufacture and export of cement does not fall
under the exemption provision for it is not a mineral
product. It is not cement that is mined, only the
mineral products composing the finished product.
Bulacan v. CA (1998)
The provincial ordinance of Bulacan provides that a
tax of 10% of the fair market value will be imposed
per cubic meter of stones, sand and other quarry
resources extracted from public lands. The provincial
treasurer assessed Republic Cement taxes for
extracting materials from several parcels of private
land.
Held: The province had no authority to impose taxes
on materials extracted from private lands. Section
138 of the LGC expressly prohibits the province from
imposing taxes on stones, etc extracted from private
lands. Section 133 of the LGC also prohibits the
province from levying excise taxes like the one
imposed in the CAB.
NIRC levies a tax on all quarry resources, regardless
of origin, whether extracted from public or private
lands. The province was only expressly allowed to
levy such tax on extractions from public lands thru
the LGC provision. The court therefore did not
unjustly deprive them of the power to create sources
of revenue, their assessment of tax against Republic
being ultra vires.
The legality of the ordinance was never questioned
by the CA. What the CA questioned was the
assessment and not the ordinance itself. A reading of
the ordinance, which is a practically a reproduction of
Section 138 of the LGC limits the province’s rights to
public land extractions. Bulacan may not invoke the
Regalian doctrine to extend coverage of their
ordinance, for taxes, being burdens, are not to be
presumed beyond what the applicable statute
expressly and clearly declares.
From class notes:
Taxing power of national government vis-à-vis taxing
power of LGU – are they mutually exclusive? Yes.
Gen. Rule: If something is already taxed by the
national government, it can no longer be taxed by the
LGU.
Exception: Unless allowed by LGC.
In the case above, LGU is allowed to tax, but the
LGC provides that the LGU may tax only PUBLIC
lands.
First Philippine Industrial Corp. v CA (1998)
First Philippine Industrial Corporation is a grantee of
a pipeline concession to contract, install and operate
pipelines. The City Treasurer required it to pay a local
tax based on its gross receipts for the fiscal year
1993 pursuant to Sec. 143 of the LGC: “the
municipality may impose taxes on ‘contractors and
other independent contractors’ in accordance with
a prescribed schedule.
Held: FPIC falls under the definition of a common
carrier under the CC. It is engaged in the business of
transporting or carrying foods, i.e. petroleum
products, for hire as a public employment. It
undertakes to carry for all persons indifferently, that
is, to all persons who choose to employ its services,
and transports the goods by land and for
compensation.
Since FPIC is a common carrier, it is exempt from the
business tax as provided in Sec. 133. The legislative
intent in excluding from the taxing power of the LGU
the imposition of business tax against common
carriers is to prevent a duplication of the so-called
“common carrier’s tax.”
Now FPIC is already paying 3% common carrier’s tax
on its gross sales/earnings under the NIRC. To tax
petitioner again on its gross receipts in its
transportation of petroleum business would defeat
the purpose of the LGC.
Palma Development Corp. v. Municipality of
Malangas (2003)
A service fee imposed on vehicles using municipal
roads leading to the wharf is valid. By express
language of Secs 153 and 155 of LGC, LGU’s,
through their SP/SB, may prescribe the terms and
conditions for the imposition of toll fees or charges for
the use of any public road, pier or wharf funded and
constructed by them.
But wharfage labeled as a service fee “for police
surveillance on all goods” is not valid. Section 133(e)
of LGC prohibits the imposition, in the guise of
wharfage, of fees -- as well as all other taxes or
charges in any form whatsoever -- on goods or
merchandise. It is therefore irrelevant if the fees
imposed are actually for police surveillance on the
goods, because any other form of imposition on
goods passing through the territorial jurisdiction of the
municipality is clearly prohibited by Section 133(e).
Wharfage: a fee assessed against the cargo of a
vessel engaged in foreign or domestic trade based
on quantity, weight, or measure received and/or
discharged by vessel.
From class notes:
Prohibition limited to goods, not use of the road
Amusement Taxes
Sec140. Amusement Tax. —
(a) The province may levy an amusement tax to be
collected from the proprietors, lessees, or operators
of theaters, cinemas, concert halls, circuses,
boxing stadia, and other places of amusement at a
rate of not more than thirty percent (30%) of the
gross receipts from admission fees.
(b) In the case of theaters or cinemas, the tax shall
first be deducted and withheld by their proprietors,
lessees, or operators and paid to the provincial
treasurer before the gross receipts are divided
between said proprietors, lessees, or operators and
the distributors of the cinematographic films.
(c) The holding of operas, concerts, dramas,
recitals, painting and art exhibitions, flower shows,
musical programs, literary and oratorical
presentations, except pop, rock, or similar concerts
shall be exempt from the payment of the tax hereon
imposed.
(d) The sangguniang panlalawigan may prescribe
the time, manner, terms and conditions for the
payment of tax. In case of fraud or failure to pay the
tax, the sangguniang panlalawigan may impose
such surcharges, interest and penalties as it may
deem appropriate.
(e) The proceeds from the amusement tax shall be
shared equally by the province and the municipality
where such amusement places are located.
Sec141. Annual Fixed Tax For Every Delivery
Truck or Van of Manufacturers or Producers,
Wholesalers of, Dealers, or Retailers in, Certain
Products. —
(a) The province may levy an annual fixed tax for
every truck, van or any vehicle used by
manufacturers, producers, wholesalers, dealers or
retailers in the delivery or distribution of distilled
spirits, fermented liquors, soft drinks, cigars and
cigarettes, and other products as may be
determined by the sangguniang panlalawigan, to
sales outlets, or consumers, whether directly or
indirectly, within the province in an amount not
exceeding Five hundred pesos (P500.00).
(b) The manufacturers, producers, wholesalers,
dealers and retailers referred to in the immediately
foregoing paragraph shall be exempt from the tax
on peddlers prescribed elsewhere in this Code.
Sec150. Situs of the Tax. —
(a) For purposes of collection of the taxes under
Section 143 of this Code, manufacturers,
assemblers, repackers, brewers, distillers, rectifiers
and compounders of liquor, distilled spirits and
wines, millers, producers, exporters, wholesalers,
distributors, dealers, contractors, banks and other
financial institutions, and other businesses,
maintaining or operating branch or sales outlet
elsewhere shall record the sale in the branch or
sales outlet making the sale or transaction, and the
tax thereon shall accrue and shall be paid to the
municipality where such branch or sales outlet is
located. In cases where there is no such branch or
sales outlet in the city or municipality where the
sale or transaction is made, the sale shall be duly
recorded in the principal office and the taxes due
shall accrue and shall be paid to such city or
municipality.
(b) The following sales allocation shall apply to
manufacturers, assemblers, contractors, producers,
and exporters with factories, project offices, plants,
and plantations in the pursuit of their business:
(1) Thirty percent (30%) of all sales recorded in the
principal office shall be taxable by the city or
municipality where the principal office is
located; and
(2) Seventy percent (70%) of all sales recorded in
the principal office shall be taxable by the city
or municipality where the factory, project
office, plant, or plantation is located.
(c) In case of a plantation located at a place other
than the place where the factory is located, said
seventy percent (70%) mentioned in subparagraph
(b) of subsection (2) above shall be divided as
follows:
 (1) Sixty percent (60%) to the city or municipality
where the factory is located; and
(2) Forty percent (40%) to the city or municipality
where the plantation is located.
(d) In cases where a manufacturer, assembler,
producer, exporter or contractor has two (2) or
more factories, project offices, plants, or plantations
located in different localities, the seventy percent
(70%) sales allocation mentioned in subparagraph
(b) of subsection (2) above shall be prorated
among the localities where the factories, project
offices, plants, and plantations are located in
proportion to their respective volumes of production
during the period for which the tax is due.
(e) The foregoing sales allocation shall be applied
irrespective of whether or not sales are made in the
locality where the factory, project office, plant, or
plantation is located.
RA 9167 (2002) – An Act Creating The Film
Development Council Of The Philippines,
Defining Its Powers And Functions, Appropriating
Funds Therefor, And For Other Purposes
Sec13. Privileges of Graded Films. — Films which
have obtained an "A" or "B" grading from the
Council pursuant to Sections 11 and 12 of this Act
shall be entitled to the following privileges:
a. Amusement tax reward. — A grade "A" or "B"
film shall entitle its producer to an incentive
equivalent to the amusement tax imposed and
collected on the graded films by cities and
municipalities in Metro Manila and other highly
urbanized and independent component cities in the
Philippines pursuant to Sections 140 and 151 of
Republic Act No. 7160 at the following rates:
1. For grade "A" films — 100% of the amusement
tax collected on such films; and
2. For grade "B" films — 65% of the amusement
tax collected on such films. The remaining
thirty-five (35%) shall accrue to the funds of
the Council.
Sec14. Amusement Tax Deduction and
Remittances. — All revenue from the amusement
tax on the graded film which may otherwise accrue
to the cities and municipalities in Metropolitan
Manila and highly urbanized and independent
component cities in the Philippines pursuant to
Section 140 of Republic Act No. 7160 during the
period the graded film is exhibited, shall be
deducted and withheld by the proprietors, operators
or lessees of theatres or cinemas and remitted
within thirty (30) days from the termination of the
exhibition to the Council which shall reward the
corresponding amusement tax to the producers of
the graded film within fifteen (15) days from receipt
thereof.
Proprietors, operators and lessees of theaters or
cinemas who fail to remit the amusement tax
proceeds within the prescribed period shall be
liable to a surcharge equivalent to five percent (5%)
of the amount due for each month of delinquency
which shall be paid to the Council.
Sec15. Enforcement. — For purposes of
implementing the previous Section, the Council
may:
1. Impose administrative fines and penalties of not
more than One hundred thousand pesos
(P100,000.00) for the violation of any provision of
this Act and/or its implementing rules and
regulations issued by the Council;
2. Cause or initiate the criminal or administrative
prosecution of violators of this Act and its
implementing rules and regulations. For this
purpose, the Council is hereby given the power to
issue subpoena duces tecum and enlist the
assistance or services of the Department of Justice
or the Office of the Solicitor General;
3. Cause the closure of any theater or cinema that
fails or unreasonably refuses to remit the tax
collected on a graded film for a period not
exceeding fifteen (15) days after which such period
shall be automatically lifted without prejudice to the
right of the Council to cause or initiate criminal or
administrative prosecution against the erring
theater or cinema owners pursuant to paragraph 2
of this section;
4. Call upon representatives of the different
government agencies and other various
associations in the movie industry to help ensure
compliance with the provisions of this Act and its
implementing rules and regulations.
For this purpose, the Council may constitute Local
Regulatory Council or Councils in the cities and
municipalities throughout the country composed of
representatives from the government and from the
private sector as may be appropriate to implement
the purposes and objectives of this Act and its
implementing rules and regulations and they shall
serve without compensation and only for such
period of time as the Chairperson shall determine;
5. To deputize any law enforcement agency and
instrumentality of the government for assistance in
the implementation and enforcement of its
functions and orders.
PBA v. CA (2000)
PBA claims that the power to collect amusement
taxes has been transferred from the national to the
local governments.
Held: The authority to tax professional basketball
games is NOT INCLUDED in §13 of the Local Tax
Code, the same is expressly embraced in §44 of
PD1959, w/c provides:
Amusement taxes – There shall be collected
from the proprietor, lessee, or operator of …
professional basketball games …a tax
equivalent to (4) Fifteen percentum [of their
gross receipts] …in lieu of all other percentage
taxes of whatever nature and description.
Under the principle of ejusdem generis, the phrase
“other places of amusement” in §13 must pertain to
artistic forms of entertainment, which is the common
characteristic of the enumeration “theaters,
cinematographs, concert halls and circuses” prior to
the phrase. Professional basketball does not pertain
to the arts, but caters to sports and gaming.
Therefore, it is not covered by the general phrase.
From class notes:
This is still good law, although the LGC now includes
“boxing stadia”.
The LGU can still tax advertisements by PBA.
Franchise Taxes
Sec137. Franchise Tax. — Notwithstanding any
exemption granted by any law or other special law,
the province may impose a tax on businesses
enjoying a franchise, at the rate not exceeding fifty
percent (50%) of one percent (1%) of the gross
annual receipts for the preceding calendar year
based on the incoming receipt, or realized, within
its territorial jurisdiction.
In the case of a newly started business, the tax
shall not exceed one-twentieth (1/20) of one
percent (1%) of the capital investment. In the
succeeding calendar year, regardless of when the
business started to operate, the tax shall be based
on the gross receipts for the preceding calendar
year, or any fraction thereon, as provided herein.
Sec193. Withdrawal of Tax Exemption Privileges.
— Unless otherwise provided in this Code, tax
exemptions or incentives granted to, or presently
enjoyed by all persons, whether natural or juridical,
including government-owned or controlled
corporations, except local water districts,
cooperatives duly registered under R.A. No. 6938,
non-stock and non-profit hospitals and educational
institutions, are hereby withdrawn upon the
effectivity of this Code.
Sec534. Repealing Clause. —
(a) Batas Pambansa Blg. 337, otherwise known as
the Local Government Code, Executive Order No.
112 (1987), and Executive Order No. 319 (1988)
are hereby repealed.
(b) Presidential Decree Nos. 684, 1191, 1508 and
such other decrees, orders, instructions,
memoranda and issuances related to or concerning
the barangay are hereby repealed.
(c) The provisions of Sections 2, 3, and 4 of
Republic Act No. 1939 regarding hospital fund;
Section 3, a (3) and b (2) of Republic Act No. 5447
regarding the Special Education Fund; Presidential
Decree No. 144 as amended by Presidential
Decree Nos. 559 and 1741; Presidential Decree
No. 231 as amended; Presidential Decree No. 436
as amended by Presidential Decree No. 558; and
Presidential Decree Nos. 381, 436, 464, 477, 526,
632, 752, and 1136 are hereby repealed and
rendered of no force and effect.
(d) Presidential Decree No. 1594 is hereby
repealed insofar as it governs locally-funded
projects.
(e) The following provisions are hereby repealed or
amended insofar as they are inconsistent with the
provisions of this Code: Sections 2, 16 and 29 of
Presidential Decree No. 704; Section 12 of
Presidential Decree No. 87, as amended; Section
52, 53, 66, 67, 68, 69, 70, 71, 72, 73, and 74 of
Presidential Decree No. 463, as amended; and
Section 16 of Presidential Decree No. 972, as
amended, and
(f) All general and special laws, acts, city charters,
decrees, executive orders, proclamations and
administrative regulations, or part or parts thereof
which are inconsistent with any of the provisions of
this Code are hereby repealed or modified
accordingly.
MERALCO v. Province of Laguna (1999)
Meralco can be taxed by the province. The LGC
explicitly authorizes provincial governments,
notwithstanding “any exemptions granted by any law
or other special law…(to) impose a tax on businesses
enjoying a franchise.” Indicative of the legislative
intent to vest broad tax powers to LGU's, the LGC
has effectively withdrawn tax exemptions or
incentives enjoyed by certain entities. In addition, the
LGC also contains a general repealing clause in
Section 534.
The phrase "in lieu of all taxes" in a franchise have to
give way to the peremptory language of the LGC
specifically providing for the withdrawal of
exemptions from local taxation.
While the SC has frequently referred to tax
exemptions contained in special franchises as being
in the nature of contracts and a part of the
inducement for carrying on the franchise, these
exemptions are far from being strictly contractual in
nature. A franchise partakes the nature of a grant
which is beyond the purview on the non-impairment
clause of the Constitution. What is covered by the
term "contractual tax exemption" and under the
purview of non-impairment of contracts: those
agreed to by taxing authority in contracts such as
government bonds / debentures, lawfully entered
into by the parties under enabling laws in which
the government waives its governmental immunity
from suit.
PLDT v. City of Davao (2001)
PLDT is liable for the local franchise tax. Section 137
does not state that it covers future exemptions. The
grant of taxing powers to LGU's in the consti and the
LGC does not affect the power of Congress to grant
exemptions in the future. The only legal effect of the
constitutional grant to local governemnts: in
interpreting statutory provisions on municipal taxing
powers, doubts should be resolved in favor of
municipal corporations.
National Power Corp. v. Cabanatuan City (2003)
NPC is a GOCC tasked to undertake the
development of hydroelectric generations of power
and the production of electricity and the transmission
of electric power on a nationwide basis.
Held: NPC is still liable to pay a franchise tax.
General Rule: LGUs cannot impose taxes, fees or
charges of any kind on the National Government, its
agencies and instrumentalities.
Exception: when specific provisions of the LGC
authorize the LGUs to impose taxes, fees or charges
on the aforementioned entities. (Sec 133, LGC)
Under the present LGC, the doctrine in Basco vs.
PAGCOR no longer applies. In enacting the LGC,
Congress exercised its prerogative to tax
instrumentalities and agencies of government as it
sees fit.
NPC fulfilled the requisites to be subject to Franchise
tax. A franchise tax is "a tax on the privilege of
transacting business in the state and exercising
corporate franchises granted by the state."
Primary Franchise: relates to the right to exist as a
corporation, by virtue of duly approved articles of
incorporation, or a charter pursuant to a special law
creating the corporation.
Secondary Franchise: refers to the right or
privileges conferred upon an existing corporation
such as the right to use the streets of a municipality
to lay pipes of tracks, erect poles or string wires. It is
within this context that the phrase "tax on businesses
enjoying a franchise" in section 137 of the LGC
should be interpreted and understood. To determine
whether NPC is covered by the franchise tax in
question, the following requisites should concur:
 that petitioner has a "franchise" in the sense of a
secondary or special franchise;
 that it is exercising its rights or privileges under
this franchise within the territory of the city gov’t.
NPC satisfies both requisites.
As to the contention that it should be excluded
because its stocks are wholly owned by the National
Government, a franchise tax is imposed based not on
the ownership but on the exercise by the corporation
of a privilege to do business. The taxable entity is the
corporation which exercises the franchise, and not
the individual stockholders.
By virtue of its charter, NPC was created as a
separate and distinct entity from the National
Government. It can sue and be sued under its own
name and can exercise all the powers of a
corporation under the Corporation Code. The
ownership by the National Government of its entire
capital stock does not necessarily imply that
petitioner is not engaged in business.
NPC generates power and sells electricity in bulk.
Certainly, these activities do not partake of the
sovereign functions of the government. They are
purely private and commercial undertakings, albeit
imbued with public interest.
Real Property Taxation
CHAPTER I: General Provisions
Sec197. Scope. — This Title shall govern the
administration, appraisal, assessment, levy and
collection of real property tax.
Sec198. Fundamental Principles. — The appraisal,
assessment, levy and collection of real property tax
shall be guided by the following fundamental
principles:
(a) Real property shall be appraised at its
current and fair market value;
(b) Real property shall be classified for
assessment purposes on the basis of its actual
use;
 (c) Real property shall be assessed on the basis
of a uniform classification within each local
government unit;
(d) The appraisal, assessment, levy and
collection of real property tax shall not be let to any
private person; and
(e) The appraisal and assessment of real
property shall be equitable.
Sec199. Definitions. — When used in this Title:
(a) "Acquisition Cost" for newly-acquired
machinery not yet depreciated and appraised within
the year of its purchase, refers to the actual cost of
the machinery to its present owner, plus the cost of
transportation, handling, and installation at the
present site;
(b) "Actual Use" refers to the purpose for which
the property is principally or predominantly utilized
by the person in possession thereof;
(c) "Ad Valorem Tax" is a levy on real property
determined on the basis of a fixed proportion of the
value of the property;
(d) "Agricultural Land" is land devoted principally
to the planting of trees, raising of crops, livestock
and poultry, dairying, salt making, inland fishing
and similar aquacultural activities, and other
agricultural activities, and is not classified as
mineral, timber, residential, commercial or industrial
land;
(e) "Appraisal" is the act or process of
determining the value of property as of a specified
date for a specific purpose;
(f) "Assessment" is the act or process of
determining the value of a property, or proportion
thereof subject to tax, including the discovery,
listing, classification, and appraisal of properties;
(g) "Assessment Level" is the percentage
applied to the fair market value to determine the
taxable value of the property;
(h) "Assessed Value" is the fair market value of
the real property multiplied by the assessment
level. It is synonymous to taxable value;
(i) "Commercial Land" is land devoted
principally for the object of profit and is not
classified as agricultural, industrial, mineral, timber,
or residential land;
(j) "Depreciated Value" is the value remaining
after deducting depreciation from the acquisition
cost;
(k) "Economic Life" is the estimated period over
which it is anticipated that a machinery or
equipment may be profitably utilized;
(l) "Fair Market Value" is the price at which a
property may be sold by a seller who is not
compelled to sell and bought by a buyer who is not
compelled to buy;
(m) "Improvement" is a valuable addition to a
property or an amelioration in its condition,
amounting to more than a mere repair or
replacement of parts involving capital expenditures
and labor, which is intended to enhance its value,
beauty or utility or to adapt it for new or further
purposes;
(n) "Industrial Land" is land devoted principally to
industrial activity as capital investment and is not
classified as agricultural, commercial, timber,
mineral or residential land;
(o) "Machinery" embraces machines, equipment,
mechanical contrivances, instruments, appliances
or apparatus which may or may not be attached,
permanently or temporarily, to the real property. It
includes the physical facilities for production, the
installations and appurtenant service facilities,
those which are mobile, self-powered or self-
propelled, and those not permanently attached to
the real property which are actually, directly, and
exclusively used to meet the needs of the particular
industry, business or activity and which by their
very nature and purpose are designed for, or
necessary to its manufacturing, mining, logging,
commercial, industrial or agricultural purposes:
(p) "Mineral Lands" are lands in which minerals,
metallic or non-metallic, exist in sufficient quantity
or grade to justify the necessary expenditures to
extract and utilize such materials;
(q) "Reassessment" is the assigning of new
assessed values to property, particularly real
estate, as the result of a general, partial, or
individual reappraisal of the property;
(r) "Remaining Economic Life" is the period of
time expressed in years from the date of appraisal
to the date when the machinery becomes
valueless;
(s) "Remaining Value" is the value
corresponding to the remaining useful life of the
machinery;
(t) "Replacement or Reproduction Cost" is the
cost that would be incurred on the basis of current
prices, in acquiring an equally desirable substitute
property, or the cost of reproducing a new replica of
the property on the basis of current prices with the
same or closely similar material; and
(u) "Residential Land" is land principally devoted
to habitation.
Sec200. Administration of the Real Property Tax.
— The provinces and cities, including the
municipalities within the Metropolitan Manila Area,
shall be primarily responsible for the proper,
efficient and effective administration of the real
property tax.
CHAPTER II: Appraisal and Assessment of Real
Property
Sec201. Appraisal of Real Property. — All real
property, whether taxable or exempt, shall be
appraised at the current and fair market value
prevailing in the locality where the property is
situated. The Department of Finance shall
promulgate the necessary rules and regulations for
 the classification, appraisal, and assessment of real
property pursuant to the provisions of this Code.
Sec202. Declaration of real Property by the Owner
or Administrator. — It shall be the duty of all
persons, natural or juridical, owning or
administering real property, including the
improvements therein, within a city or municipality,
or their duly authorized representative, to prepare,
or cause to be prepared, and file with the
provincial, city or municipal assessor, a sworn
statement declaring the true value of their property,
whether previously declared or undeclared, taxable
or exempt, which shall be the current and fair
market value of the property, as determined by the
declarant. Such declaration shall contain a
description of the property sufficient in detail to
enable the assessor or his deputy to identify the
same for assessment purposes. The sworn
declaration of real property herein referred to shall
be filed with the assessor concerned once every
three (3) years during the period from January first
(1st) to June thirtieth (30th) commencing with the
calendar year 1992.
Sec203. Duty of Person Acquiring Real Property
or Making Improvement Thereon. — It shall also
be the duty of any person, or his authorized
representative, acquiring at any time real property
in any municipality or city or making any
improvement on real property, to prepare, or cause
to be prepared, and file with the provincial, city or
municipal assessor, a sworn statement declaring
the true value of subject property, within sixty (60)
days after the acquisition of such property or upon
completion or occupancy of the improvement,
whichever comes earlier.
Sec204. Declaration of Real Property by the
Assessor. — When any person, natural or juridical,
by whom real property is required to be declared
under Section 202 hereof, refuses or fails for any
reason to make such declaration within the time
prescribed, the provincial, city or municipal
assessor shall himself declare the property in the
name of the defaulting owner, if known, or against
an unknown owner, as the case may be, and shall
assess the property for taxation in accordance with
the provision of this Title. No oath shall be required
of a declaration thus made by the provincial, city or
municipal assessor.
Sec205. Listing of Real Property in the
Assessment Rolls. —
(a) In every province and city, including the
municipalities within the Metropolitan Manila Area,
there shall be prepared and maintained by the
provincial, city or municipal assessor an
assessment roll wherein shall be listed all real
property, whether taxable or exempt, located within
the territorial jurisdiction of the local government
unit concerned. Real property shall be listed,
valued and assessed in the name of the owner or
administrator, or anyone having legal interest in the
property.
(b) The undivided real property of a deceased
person may be listed, valued and assessed in the
name of the estate or of the heirs and devisees
without designating them individually; and
undivided real property other than that owned by a
deceased may be listed, valued and assessed in
the name of one or more co-owners: Provided,
however, That such heir, devisee, or co-owner shall
be liable severally and proportionately for all
obligations imposed by this Title and the payment
of the real property tax with respect to the
undivided property.
(c) The real property of a corporation,
partnership, or association shall be listed, valued
and assessed in the same manner as that of an
individual.
(d) Real property owned by the Republic of the
Philippines, its instrumentalities and political
subdivisions, the beneficial use of which has been
granted, for consideration or otherwise, to a taxable
person, shall be listed, valued and assessed in the
name of the possessor, grantee or of the public
entity if such property has been acquired or held for
resale or lease.
Sec206. Proof of Exemption of Real Property from
Taxation. — Every person by or for whom real
property is declared, who shall claim tax exemption
for such property under this Title shall file with the
provincial, city or municipal assessor within thirty
(30) days from the date of the declaration of real
property sufficient documentary evidence in
support of such claim including corporate charters,
title of ownership, articles of incorporation, by-laws,
contracts, affidavits, certifications and mortgage
deeds, and similar documents.
If the required evidence is not submitted within the
period herein prescribed, the property shall be
listed as taxable in the assessment roll. However, if
the property shall be proven to be tax exempt, the
same shall be dropped from the assessment roll.
Sec207. Real Property Identification System. — All
declarations of real property made under the
provisions of this Title shall be kept and filed under
a uniform classification system to be established by
the provincial, city or municipal assessor.
Sec208. Notification of Transfer of Real Property
Ownership. — Any person who shall transfer real
property ownership to another shall notify the
provincial, city or municipal assessor concerned
within sixty (60) days from the date of such transfer.
The notification shall include the mode of transfer,
 the description of the property alienated, the name
and address of the transferee.
Sec209. Duty of Registrar of Deeds to Appraise
Assessor of Real Property Listed in Registry. —
(a) To ascertain whether or not any real property
entered in the Registry of Property has escaped
discovery and listing for the purpose of taxation, the
Registrar of Deeds shall prepare and submit to the
provincial, city or municipal assessor, within six (6)
months from the date of effectivity of this Code and
every year thereafter, an abstract of his registry,
which shall include brief but sufficient description of
the real properties entered therein, their present
owners, and the dates of their most recent transfer
or alienation accompanied by copies of
corresponding deeds of sale, donation, or partition
or other forms of alienation.
(b) It shall also be the duty of the Registrar of
Deeds to require every person who shall present
for registration a document of transfer, alienation,
or encumbrance of real property to accompany the
same with a certificate to the effect that the real
property subject of the transfer, alienation, or
encumbrance, as the case may be, has been fully
paid of all real property taxes due thereon. Failure
to provide such certificate shall be a valid cause for
the Registrar of Deeds to refuse the registration of
the document.
Sec210. Duty of Official Issuing Building Permit
or Certificate of Registration of Machinery to
Transmit Copy to Assessor. — Any public official
or employee who may now or hereafter be required
by law or regulation to issue to any person a permit
for the construction, addition, repair, or renovation
of a building, or permanent improvement on land,
or a certificate of registration for any machinery,
including machines, mechanical contrivances, and
apparatus attached or affixed on land or to another
real property, shall transmit a copy of such permit
or certificate within thirty (30) days of its issuance,
to the assessor of the province, city or municipality
where the property is situated.
Sec211. Duty of Geodetic Engineers to Furnish
Copy of Plans to Assessor. — It shall be the duty
of all geodetic engineers, public or private, to
furnish free of charge to the assessor of the
province, city or municipality where the land is
located with a white or blue print copy of each of all
approved original or subdivision plans or maps of
surveys executed by them within thirty (30) days
from receipt of such plans from the Lands
Management Bureau, the Land Registration
Authority, or the Housing and Land Use Regulatory
Board, as the case may be.
Sec212. Preparation of Schedule of Fair Market
Values. — Before any general revision of property
assessment is made pursuant to the provisions of
this Title, there shall be prepared a schedule of fair
market values by the provincial, city and municipal
assessor of the municipalities within the
Metropolitan Manila Area for the different classes of
real property situated in their respective local
government units for enactment by ordinance of the
sanggunian concerned. The schedule of fair market
values shall be published in a newspaper of
general circulation in the province, city or
municipality concerned or in the absence thereof,
shall be posted in the provincial capitol, city or
municipal hall and in two other conspicuous public
places therein.
Sec213. Authority of Assessor to Take Evidence.
— For the purpose of obtaining information on
which to base the market value of any real
property, the assessor of the province, city or
municipality or his deputy may summon the owners
of the properties to be affected or persons having
legal interest therein and witnesses, administer
oaths, and take deposition concerning the property,
its ownership, amount, nature, and value.
Sec214. Amendment of Schedule of Fair Market
Values. — The provincial, city or municipal
assessor may recommend to the sanggunian
concerned amendments to correct errors in
valuation in the schedule of fair market values. The
sanggunian concerned shall, by ordinance, act
upon the recommendation within ninety (90) days
from receipt thereof.
Sec215. Classes of Real Property for Assessment
Purposes. — For purposes of assessment, real
property shall be classified as residential,
agricultural, commercial, industrial, mineral,
timberland or special.
The city or municipality within the Metropolitan
Manila Area, through their respective sanggunian,
shall have the power to classify lands as
residential, agricultural, commercial, industrial,
mineral, timberland, or special in accordance with
their zoning ordinances.
Sec216. Special Classes of Real Property. — All
lands, buildings, and other improvements thereon
actually, directly and exclusively used for hospitals,
cultural, or scientific purposes, and those owned
and used by local water districts, and government-
owned or controlled corporations rendering
essential public services in the supply and
distribution of water and/or generation and
transmission of electric power shall be classified as
special.
Sec217. Actual Use of Real Property as Basis for
Assessment. — Real property shall be classified,
valued and assessed on the basis of its actual use
 regardless of where located, whoever owns it, and Over Not Over Assessment
whoever uses it. Levels
P300,000.00 45%
Sec218. Assessment Levels. — The assessment P300,000.00 500,000.00 50%
levels to be applied to the fair market value of real 500,000.00 750,000.00 55%
property to determine its assessed value shall be 750,000.00 1,000,000.00 60%
fixed by ordinances of the sangguniang 5,000,000.00 2,000,000.00 65%
panlalawigan, sangguniang panlungsod or 2,000,000.00 70%
sangguniang bayan of a municipality within the (c) On Machineries
Metropolitan Manila Area, at the rates not Class Assessment Levels
exceeding the following: Agricultural 40%
(a) On Lands: Residential 50%
CLASS ASSESSMENT LEVELS Commercial 80%
Residential 20% Industrial 80%
Agricultural 40% (d) On Special Classes: The assessment levels
Commercial 50% for all lands buildings, machineries and other
Industrial 50% improvements;
Mineral 50% Actual Use Assessment Level
Timberland 20% Cultural 15%
(b) On Buildings and Other Structures: Scientific 15%
(1) Residential Hospital 15%
Fair market Value Local water districts 10%
Over Not Over Assessment Government-owned or
Levels controlled corporations
engaged in the supply
P175,000.00 0% and distribution of water
P175,000.00 300,000.00 10% and/or generation and
300,000.00 500,000.00 20% transmission of
500,000.00 750,000.00 25% electric power 10%
750,000.00 1,000,000.00 30%
1,000,000.00 2,000,000.00 35% Sec219. General Revision of Assessment and
2,000,000.00 5,000,000.00 40% Property Classification. — The provincial, city or
5,000,000.00 10,000,000.00 50% municipal assessor shall undertake a general
10,000,000.00 60% revision of real property assessments within two (2)
(2) Agricultural years after the effectivity of this Code and every
Fair Market Value three (3) years thereafter.
Over Not Over Assessment
Levels Sec220. Valuation of Real Property. — In cases
where (a) real property is declared and listed for
P300,000.00 25% taxation purposes for the first time; (b) there is an
P300,000.00 500,000.00 30% ongoing general revision of property classification
500,000.00 750,000.00 35% and assessment; or (c) a request is made by the
750,000.00 1,000,000.00 40% person in whose name the property is declared, the
1,000,000.00 2,000,000.00 45% provincial, city or municipal assessor or his duly
2,000,000.00 50% authorized deputy shall, in accordance with the
(3) Commercial / Industrial provisions of this Chapter, make a classification,
Fair Market Value appraisal and assessment or taxpayer's valuation
Over Not Over Assessment thereon: Provided, however, That the assessment
Levels of real property shall not be increased oftener than
once every three (3) years except in case of new
P300,000.00 30% improvements substantially increasing the value of
P300,000.00 500,000.00 35% said property or of any change in its actual use.
500,000.00 750,000.00 40%
750,000.00 1,000,000.00 50% Sec221. Date of Effectivity of Assessment or
1,000,000.00 2,000,000.00 60% Reassessment. — All assessments or
2,000,000.00 5,000,000.00 70% reassessments made after the first (1st) day of
5,000,000.00 10,000,000.00 75% January of any year shall take effect on the first
10,000,000.00 80% (1st) day of January of the succeeding year:
(4) Timberland Provided, however, That the reassessment of real
Fair Market Value property due to its partial or total destruction, or to
 a major change in its actual use, or to any great
and sudden inflation or deflation of real property
values, or to the gross illegality of the assessment
when made or to any other abnormal cause, shall
be made within ninety (90) days from the date any
such cause or causes occurred, and shall take
effect at the beginning of the quarter next following
the reassessment.
Sec222. Assessment of Property Subject to Back
Taxes. — Real property declared for the first time
shall be assessed for taxes for the period during
which it would have been liable but in no case of
more than ten (10) years prior to the date of initial
assessment: Provided, however, That such taxes
shall be computed on the basis of the applicable
schedule of values in force during the
corresponding period.
If such taxes are paid on or before the end of the
quarter following the date the notice of assessment
was received by the owner or his representative, no
interest for delinquency shall be imposed thereon;
otherwise, such taxes shall be subject to an interest
at the rate of two percent (2%) per month or a
fraction thereof from the date of the receipt of the
assessment until such taxes are fully paid.
Sec223. Notification of New or Revised
Assessment. — When real property is assessed
for the first time or when an existing assessment is
increased or decreased, the provincial, city or
municipal assessor shall within thirty (30) days give
written notice of such new or revised assessment
to the person in whose name the property is
declared. The notice may be delivered personally
or by registered mail or through the assistance of
the punong barangay to the last known address of
the person to be served.
Sec224. Appraisal and Assessment of Machinery.
— shall take oath or affirmation of office in the
(a) The fair market value of a brand-new
machinery shall be the acquisition cost. In all other
cases, the fair market value shall be determined by
dividing the remaining economic life of the
machinery by its estimated economic life and
multiplied by the replacement or reproduction cost.
(b) If the machinery is imported, the acquisition
cost includes freight, insurance, bank and other
charges, brokerage, arrastre and handling, duties
and taxes, plus charges at the present site. The
cost in foreign currency of imported machinery shall
be converted to peso cost on the basis of foreign
currency exchange rates as fixed by the Central
Bank.
Sec225. Depreciation Allowance for Machinery. —
For purposes of assessment, a depreciation
allowance shall be made for machinery at a rate
not exceeding five percent (5%) of its original cost
or its replacement or reproduction cost, as the case
may be, for each year of use: Provided, however,
That the remaining value for all kinds of machinery
shall be fixed at not less than twenty percent (20%)
of such original, replacement, or reproduction cost
for so long as the machinery is useful and in
operation.
CHAPTER III: Assessment Appeals
Sec226. Local Board of Assessment Appeals. —
Any owner or person having legal interest in the
property who is not satisfied with the action of the
provincial, city or municipal assessor in the
assessment of his property may, within sixty (60)
days from the date of receipt of the written notice of
assessment, appeal to the Board of Assessment
Appeals of the provincial or city by filing a petition
under oath in the form prescribed for the purpose,
together with copies of the tax declarations and
such affidavits or documents submitted in support
of the appeal.
Sec227. Organization, Powers, Duties, and
Functions of the Local Board of Assessment
Appeals. —
(a) The Board of Assessment Appeals of the
province or city shall be composed of the Registrar
of Deeds, as Chairman, the provincial or city
prosecutor and the provincial, or city engineer as
members, who shall serve as such in an ex officio
capacity without additional compensation.
(b) The chairman of the Board shall have the
power to designate any employee of the province
or city to serve as secretary to the Board also
without additional compensation.
(c) The chairman and members of the Board of
Assessment Appeals of the province or city shall
assume their respective positions without need of
further appointment or special designations
immediately upon effectivity of this Code. They
prescribed form.
(d) In provinces and cities without a provincial or
city engineer, the district engineer shall serve as
member of the Board. In the absence of the
Registrar of Deeds, or the provincial or city
prosecutor, or the provincial or city engineer, or the
district engineer, the persons performing their
duties, whether in an acting capacity or as a duly
designated officer-in-charge, shall automatically
become the chairman or member, respectively, of
the said Board, as the case may be.
Sec228. Meetings and Expenses of the Local
Board of Assessment Appeals.
(a) The Board of Assessment Appeals of the
province or city shall meet once a month and as
often as may be necessary for the prompt
disposition of appealed cases. No member of the
Board shall be entitled to per diems or traveling
expenses for his attendance in Board meetings,
 except when conducting an ocular inspection in
connection with a case under appeal.
(b) All expenses of the Board shall be charged
against the general fund of the province or city, as
the case may be. The sanggunian concerned shall
appropriate the necessary funds to enable the
Board in their respective localities to operate
effectively.
Sec229. Action by the Local Board of Assessment
Appeals. —
(a) The Board shall decide the appeal within one
hundred twenty (120) days from the date of receipt
of such appeal. The Board, after hearing, shall
render its decision based on substantial evidence
or such relevant evidence on record as a
reasonable mind might accept as adequate to
support the conclusion.
(b) In the exercise of its appellate jurisdiction,
the Board shall have the power to summon
witnesses, administer oaths, conduct ocular
inspection, take depositions, and issue subpoena
and subpoena duces tecum. The proceedings of
the Board shall be conducted solely for the purpose
of ascertaining the facts without necessarily
adhering to technical rules applicable in judicial
proceedings.
(c) The secretary of the Board shall furnish the
owner of the property or the person having legal
interest therein and the provincial or city assessor
with a copy of the decision of the Board. In case
the provincial or city assessor concurs in the
revision or the assessment, it shall be his duty to
notify the owner of the property or the person
having legal interest therein of such fact using the
form prescribed for the purpose. The owner of the
property or the person having legal interest therein
or the assessor who is not satisfied with the
decision of the Board, may, within thirty (30) days
after receipt of the decision of said Board, appeal to
the Central Board of Assessment Appeals, as
herein provided. The decision of the Central Board
shall be final and executory.
Sec230. Central Board of Assessment Appeals. —
The Central Board of Assessment Appeals shall be
composed of a chairman, and two (2) members to
be appointed by the President, who shall serve for
a term of seven (7) years, without reappointment.
Of those first appointed, the chairman shall hold
office for seven (7) years, one member for five (5)
years, and the other member for three (3) years.
Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In
no case shall any member be appointed or
designated in a temporary or acting capacity. The
chairman and the members of the Board shall be
Filipino citizens, at least forty (40) years old at the
time of their appointment, and members of the Bar
or Certified Public Accountants for at least ten (10)
years immediately preceding their appointment.
The chairman of the Board of Assessment Appeals
shall have the salary grade equivalent to the rank
of Director III under the Salary Standardization Law
exclusive of allowances and other emoluments.
The members of the Board shall have the salary
grade equivalent to the rank of Director II under the
Salary Standardization Law exclusive of
allowances and other emoluments. The Board shall
have appellate jurisdiction over all assessment
cases decided by the Local Board of Assessment
Appeals.
There shall be Hearing Officers to be appointed by
the Central Board of Assessment Appeals pursuant
to civil service laws, rules and regulations, one
each for Luzon, Visayas and Mindanao, who shall
hold office in Manila, Cebu City and Cagayan de
Oro City, respectively, and who shall serve for a
term of six (6) years, without reappointment until
their successors have been appointed and
qualified. The Hearing Officers shall have the same
qualifications as that of the Judges of the Municipal
Trial Courts.
The Central Board Assessment Appeals, in the
performance of its powers and duties, may
establish and organize staffs, offices, units,
prescribe the titles, functions and duties of their
members and adopt its own rules and regulations.
Unless otherwise provided by law, the annual
appropriations for the Central Board of Assessment
Appeals shall be included in the budget of the
Department of Finance in the corresponding
General Appropriations Act.
Sec231. Effect of Appeal on the Payment of Real
Property Tax. — Appeal on assessments of real
property made under the provisions of this Code
shall, in no case, suspend the collection of the
corresponding realty taxes on the property involved
as assessed by the provincial or city assessor,
without prejudice to subsequent adjustment
depending upon the final outcome of the appeal.
CHAPTER IV: Imposition of Real Property Tax
Sec232. Power to Levy Real Property Tax. — A
province or city or a municipality within the
Metropolitan Manila Area my levy an annual ad
valorem tax on real property such as land, building,
machinery, and other improvement not hereinafter
specifically exempted.
Sec233. Rates of Levy. — A province or city or a
municipality within the Metropolitan Manila Area
shall fix a uniform rate of basic real property tax
applicable to their respective localities as follows:
(a) In the case of a province, at the rate not
exceeding one percent (1%) of the assessed value
of real property; and
(b) In the case of a city or a municipality within
the Metropolitan Manila Area, at the rate not
 exceeding two percent (2%) of the assessed value
of real property.
Sec234. Exemptions from Real Property Tax. —
The following are exempted from payment of the
real property tax:
(a) Real property owned by the Republic of the
Philippines or any of its political subdivisions except
when the beneficial use thereof has been granted,
for consideration or otherwise, to a taxable person;
(b) Charitable institutions, churches, parsonages
or convents appurtenant thereto, mosques, non-
profit or religious cemeteries and all lands,
buildings, and improvements actually, directly, and
exclusively used for religious, charitable or
educational purposes;
(c) All machineries and equipment that are
actually, directly and exclusively used by local
water districts and government owned or controlled
corporations engaged in the supply and distribution
of water and/or generation and transmission of
electric power;
(d) All real property owned by duly registered
cooperatives as provided for under R.A. No. 6938;
and
(e) Machinery and equipment used for pollution
control and environmental protection.
Except as provided herein, any exemption from
payment of real property tax previously granted to,
or presently enjoyed by, all persons, whether
natural or juridical, including all government-owned
or controlled corporations are hereby withdrawn
upon the effectivity of this Code.
CHAPTER V: Special Levies on Real Property
Sec235. Additional Levy on Real Property for the
Special Education Fund. — A province or city, or
a municipality within the Metropolitan Manila Area,
may levy and collect an annual tax of one percent
(1%) on the assessed value of real property which
shall be in addition to the basic real property tax.
The proceeds thereof shall exclusively accrue to
the Special Education Fund (SEF).
Sec236. Additional Ad Valorem Tax on Idle Lands.
— A province or city, or a municipality within the
Metropolitan Manila Area, may levy an annual tax
on idle lands at the rate not exceeding five percent
(5%) of the assessed value of the property which
shall be in addition to the basic real property tax.
Sec237. Idle Lands, Coverage. — For purposes of
real property taxation, idle lands shall include the
following:
(a) Agricultural lands, more than one (1) hectare
in area, suitable for cultivation, dairying, inland
fishery, and other agricultural uses, one-half (1/2) of
which remain uncultivated or unimproved by the
owner of the property or person having legal
interest therein. Agricultural lands planted to
permanent or perennial crops with at least fifty (50)
trees to a hectare shall not be considered idle
lands. Lands actually used for grazing purposes
shall likewise not be considered idle lands.
(b) Lands, other than agricultural, located in a
city or municipality, more than one thousand
(1,000) square meters in area one-half (1/2) of
which remain unutilized or unimproved by the
owner of the property or person having legal
interest therein.
Regardless of land area, this Section shall likewise
apply to residential lots in subdivisions duly
approved by proper authorities, the ownership of
which has been transferred to individual owners,
who shall be liable for the additional tax: Provided,
however, That individual lots of such subdivisions,
the ownership of which has not been transferred to
the buyer shall be considered as part of the
subdivision, and shall be subject to the additional
tax payable by subdivision owner or operator.
Sec238. Idle Lands Exempt from Tax. — A province
or city or a municipality within the Metropolitan
Manila Area may exempt idle lands from the
additional levy by reason of force majeure, civil
disturbance, natural calamity or any cause or
circumstance which physically or legally prevents
the owner of the property or person having legal
interest therein from improving, utilizing or
cultivating the same.
Sec239. Listing of Idle Lands by the Assessor. —
The provincial, city or municipal assessor shall
make and keep an updated record of all idle lands
located within his area of jurisdiction. For purposes
of collection, the provincial, city or municipal
assessor shall furnish a copy thereof to the
provincial or city treasurer who shall notify, on the
basis of such record, the owner of the property or
person having legal interest therein of the
imposition of the additional tax.
Sec240. Special Levy by Local Government Units.
— A province, city or municipality may impose a
special levy on the lands comprised within its
territorial jurisdiction specially benefited by public
works projects or improvements funded by the local
government unit concerned: Provided, however,
That the special levy shall not exceed sixty percent
(60%) of the actual cost of such projects and
improvements, including the costs of acquiring land
and such other real property in connection
therewith: Provided, further, That the special levy
shall not apply to lands exempt from basic real
property tax and the remainder of the land portions
of which have been donated to the local
government unit concerned for the construction of
such projects or improvements.
Sec241. Ordinance Imposing a Special Levy. — A
tax ordinance imposing a special levy shall
describe with reasonable accuracy the nature,
extent, and location of the public works projects or
improvements to be undertaken, state the
estimated cost thereof, specify the metes and
bounds by monuments and lines and the number of
annual installments for the payment of the special
levy which in no case shall be less than five (5) nor
more than ten (10) years. The sanggunian
concerned shall not be obliged, in the
apportionment and computation of the special levy,
to establish a uniform percentage of all lands
subject to the payment of the tax for the entire
district, but it may fix different rates for different
parts or sections thereof, depending on whether
such land is more or less benefited by proposed
work.
Sec242. Publication of Proposed Ordinance
Imposing a Special Levy. — Before the
enactment of an ordinance imposing a special levy,
the sanggunian concerned shall conduct a public
hearing thereon; notify in writing the owners of the
real property to be affected or the persons having
legal interest therein as to the date and place
thereof and afford the latter the opportunity to
express their positions or objections relative to the
proposed ordinance.
Sec243. Fixing the Amount of Special Levy. — The
special levy authorized herein shall be apportioned,
computed, and assessed according to the
assessed valuation of the lands affected as shown
by the books of the assessor concerned, or its
current assessed value as fixed by said assessor if
the property does not appear of record in his
books. Upon the effectivity of the ordinance
imposing special levy, the assessor concerned
shall forthwith proceed to determine the annual
amount of special levy assessed against each
parcel of land comprised within the area especially
benefited and shall send to each landowner a
written notice thereof by mail, personal service or
publication in appropriate cases.
Sec244. Taxpayer's Remedies Against Special
Levy. — Any owner of real property affected by a
special levy or any person having a legal interest
therein may, upon receipt of the written notice of
assessment of the special levy, avail of the
remedies provided for in Chapter 3, Title Two, Book
II of this Code.
Sec245. Accrual of Special Levy. — The special
levy shall accrue on the first day of the quarter next
following the effectivity of the ordinance imposing
such levy.
CHAPTER VI: Collection of Real Property Tax
Sec246. Date of Accrual of Tax. — The real
property tax for any year shall accrue on the first
day of January and from that date it shall constitute
a lien on the property which shall be superior to any
other lien, mortgage, or encumbrance of any kind
whatsoever, and shall be extinguished only upon
the payment of the delinquent tax.
Sec247. Collection of Tax. — The collection of the
real property tax with interest thereon and related
expenses, and the enforcement of the remedies
provided for in this Title or any applicable laws,
shall be the responsibility of the city or municipal
treasurer concerned.
The city or municipal treasurer may deputize the
barangay treasurer to collect all taxes on real
property located in the barangay: Provided, That
the barangay treasurer is properly bonded for the
purpose: Provided, further, That the premium on
the bond shall be paid by the city or municipal
government concerned.
Sec248. Assessor to Furnish Local Treasurer with
Assessment Roll. — The provincial, city or
municipal assessor shall prepare and submit to the
treasurer of the local government unit, on or before
the thirty-first (31st) day of December each year, an
assessment roll containing a list of all persons
whose real properties have been newly assessed
or reassessed and the values of such properties.
Sec249. Notice of Time for Collection of Tax. —
The city or municipal treasurer shall, on or before
the thirty-first (31st) day of January each year, in
the case of the basic real property tax and the
additional tax for the Special Education Fund (SEF)
or any other date to be prescribed by the
sanggunian concerned in the case of any other tax
levied under this title, post the notice of the dates
when the tax may be paid without interest at a
conspicuous and publicly accessible place at the
city or municipal hall. Said notice shall likewise be
published in a newspaper of general circulation in
the locality once a week for two (2) consecutive
weeks.
Sec250. Payment of Real Property Taxes in
Installments. — The owner of the real property or
the person having legal interest therein may pay
the basic real property tax and the additional tax for
Special Education Fund (SEF) due thereon without
interest in four (4) equal installments; the first
installment to be due and payable on or before
March Thirty-first (31st); the second installment, on
or before June Thirty (30); the third installment, on
or before September Thirty (30); and the last
installment on or before December Thirty-first
(31st), except the special levy the payment of
which shall be governed by ordinance of the
sanggunian concerned.
 The date for the payment of any other tax imposed
under this Title without interest shall be prescribed
by the sanggunian concerned.
Payments of real property taxes shall first be
applied to prior years delinquencies, interests, and
penalties, if any, and only after said delinquencies
are settled may tax payments be credited for the
current period.
Sec251. Tax Discount for Advanced Prompt
Payment. — If the basic real property tax and the
additional tax accruing to the Special Education
Fund (SEF) are paid in advance in accordance with
the prescribed schedule of payment as provided
under Section 250, the sanggunian concerned may
grant a discount not exceeding twenty percent
(20%) of the annual tax due.
Sec252. Payment Under Protest. —
(a) No protest shall be entertained unless the
taxpayer first pays the tax. There shall be
annotated on the tax receipts the words "paid under
protest". The protest in writing must be filed within
thirty (30) days from payment of the tax to the
provincial, city treasurer or municipal treasurer, in
the case of a municipality within Metropolitan
Manila Area, who shall decide the protest within
sixty (60) days from receipt.
(b) The tax or a portion thereof paid under
protest, shall be held in trust by the treasurer
concerned.
(c) In the event that the protest is finally decided
in favor of the taxpayer, the amount or portion of
the tax protested shall be refunded to the
protestant, or applied as tax credit against his
existing or future tax liability.
(d) In the event that the protest is denied or upon
the lapse of the sixty day period prescribed in
subparagraph (a), the taxpayer may avail of the
remedies as provided for in Chapter 3, Title II, Book
II of this Code.
Sec253. Repayment of Excessive Collections. —
When an assessment of basic real property tax, or
any other tax levied under this Title, is found to be
illegal or erroneous and the tax is accordingly
reduced or adjusted, the taxpayer may file a written
claim for refund or credit for taxes and interests
with the provincial or city treasurer within two (2)
years from the date the taxpayer is entitled to such
reduction or adjustment.
The provincial or city treasurer shall decide the
claim for tax refund or credit within sixty (60) days
from receipt thereof. In case the claim for tax
refund or credit is denied, the taxpayer may avail of
the remedies as provided in Chapter 3, Title II,
Book II of this Code.
Sec254. Notice of Delinquency in the Payment of
the Real Property Tax. —
(a) When the real property tax or any other tax
imposed under this Title becomes delinquent, the
provincial, city or municipal treasurer shall
immediately cause a notice of the delinquency to
be posted at the main hall and in a publicly
accessible and conspicuous place in each
barangay of the local government unit concerned.
The notice of delinquency shall also be published
once a week for two (2) consecutive weeks, in a
newspaper of general circulation in the province,
city, or municipality.
(b) Such notice shall specify the date upon
which the tax became delinquent and shall state
that personal property may be distrained to effect
payment. It shall likewise state that any time before
the distraint of personal property, payment of the
tax with surcharges, interests and penalties may be
made in accordance with the next following
Section, and unless the tax, surcharges and
penalties are paid before the expiration of the year
for which the tax is due except when the notice of
assessment or special levy is contested
administratively or judicially pursuant to the
provisions of Chapter 3, Title II, Book II of this
Code, the delinquent real property will be sold at
public auction, and the title to the property will be
vested in the purchaser, subject, however, to the
right of the delinquent owner of the property or any
person having legal interest therein to redeem the
property within one (1) year from the date of sale.
Sec255. Interests on Unpaid Real Property Tax. —
In case of failure to pay the basic real property tax
or any other tax levied under this Title upon the
expiration of the periods as provided in Section
250, or when due, as the case may be, shall
subject the taxpayer to the payment of interest at
the rate of two percent (2%) per month on the
unpaid amount or a fraction thereof, until the
delinquent tax shall have been fully paid: Provided,
however, That in no case shall the total interest on
the unpaid tax or portion thereof exceed thirty-six
(36) months.
Sec256. Remedies For The Collection Of Real
Property Tax. — For the collection of the basic real
property tax and any other tax levied under this
Title, the local government unit concerned may
avail of the remedies by administrative action thru
levy on real property or by judicial action.
Sec257. Local Governments Lien. — The basic
real property tax and any other tax levied under this
Title constitutes a lien on the property subject to
tax, superior to all liens, charges or encumbrances
in favor of any person, irrespective of the owner or
possessor thereof, enforceable by administrative or
judicial action, and may only be extinguished upon
payment of the tax and the related interests and
expenses.

Sec258. Levy on Real Property. — After the
expiration of the time required to pay the basic real
property tax or any other tax levied under this Title,
real property subject to such tax may be levied
upon through the issuance of a warrant on or
before, or simultaneously with, the institution of the
civil action for the collection of the delinquent tax.
The provincial or city treasurer, or a treasurer of a
municipality within the Metropolitan Manila Area, as
the case may be, when issuing a warrant of levy
shall prepare a duly authenticated certificate
showing the name of the delinquent owner of the
property or person having legal interest therein, the
description of the property, the amount of the tax
due and the interest thereon. The warrant shall
operate with the force of a legal execution
throughout the province, city or a municipality,
within the Metropolitan Manila Area. The warrant
shall be mailed to or served upon the delinquent
owner of the real property or person having legal
interest therein, or in case he is out of the country
or cannot be located, the administrator or occupant
of the property. At the same time, written notice of
the levy with the attached warrant shall be mailed
to or served upon the assessor and the Registrar of
Deeds of the province, city or municipality within
the Metropolitan Manila Area where the property is
located, who shall annotate the levy on the tax
declaration and certificate of title of the property,
respectively.
The levying officer shall submit a report on the levy
to the sanggunian concerned within ten (10) days
after receipt of the warrant by the owner of the
property or person having legal interest therein.
Sec259. Penalty for Failure to Issue and Execute
Warrant. — Without prejudice to criminal
prosecution under the Revised Penal Code and
other applicable laws, any local treasurer or his
deputy who fails to issue or execute the warrant of
levy within one (1) year from the time the tax
becomes delinquent or within thirty (30) days from
the date of the issuance thereof, or who is found
guilty of abusing the exercise thereof in an
administrative or judicial proceeding shall be
dismissed from the service
Sec260. Advertisement and Sale. — Within thirty
(30) days after service of the warrant of levy, the
local treasurer shall proceed to publicly advertise
for sale or auction the property or a usable portion
thereof as may be necessary to satisfy the tax
delinquency and expenses of sale. The
advertisement shall be effected by posting a notice
at the main entrance of the provincial, city or
municipal building, and in a publicly accessible and
conspicuous place in the barangay where the real
property is located, and by publication once a week
for two (2) weeks in a newspaper of general
circulation in the province, city or municipality
where the property is located. The advertisement
shall specify the amount of the delinquent tax, the
interest due thereon and expenses of sale, the date
and place of sale, the name of the owner of the real
property or person having legal interest therein,
and a description of the property to be sold. At any
time before the date fixed for the sale, the owner of
the real property or person havi legal interest
therein may stay the proceedings by paying the
delinquent tax, the interest due thereon and the
expenses of sale. The sale shall be held either at
the main entrance of the provincial, city or
municipal building, or on the property to be sold, or
at any other place as specified in the notice of the
sale.
Within thirty (30) days after the sale, the local
treasurer or his deputy shall make a report of the
sale to the sanggunian concerned, and which shall
form part of his records. The local treasurer shall
likewise prepare and deliver to the purchaser a
certificate of sale which shall contain the name of
the purchaser, a description of the property sold,
the amount of the delinquent tax, the interest due
thereon, the expenses of sale and a brief
description of the proceedings: Provided, however,
That proceeds of the sale in excess of the
delinquent tax, the interest due thereon, and the
expenses of sale shall be remitted to the owner of
the real property or person having legal interest
therein.
The local treasurer may, by ordinance duly
approved, advance an amount sufficient to defray
the costs of collection thru the remedies provided
for in this Title, including the expenses of
advertisement and sale.
Sec261. Redemption of Property Sold. — Within
one (1) year from the date of sale, the owner of the
delinquent real property or person having legal
interest therein, or his representative, shall have
the right to redeem the property upon payment to
the local treasurer of the amount of the delinquent
tax, including the interest due thereon, and the
expenses of sale from the date of delinquency to
the date of sale, plus interest of not more than two
percent (2%) per month on the purchase price from
the date of sale to the date of redemption. Such
payment shall invalidate the certificate of sale
issued to the purchaser and the owner of the
delinquent real property or person having legal
interest therein shall be entitled to a certificate of
redemption which shall be issued by the local
treasurer or his deputy.
From the date of sale until the expiration of the
period of redemption, the delinquent real property
shall remain in possession of the owner or person
having legal interest therein who shall be entitled to
the income and other fruits thereof.
 The local treasurer or his deputy, upon receipt from
the purchaser of the certificate of sale, shall
forthwith return to the latter the entire amount paid
by him plus interest of not more than two percent
(2%) per month. Thereafter, the property shall be
free from lien of such delinquent tax, interest due
thereon and expenses of sale.
Sec262. Final Deed to Purchaser. — In case the
owner or person having legal interest fails to
redeem the delinquent property as provided herein,
the local treasurer shall execute a deed conveying
to the purchaser said property, free from lien of the
delinquent tax, interest due thereon and expenses
of sale. The deed shall briefly state the proceedings
upon which the validity of the sale rests.
Sec263. Purchase of Property By the Local
Government Units for Want of Bidder. — In case
there is no bidder for the real property advertised
for sale as provided herein, the real property tax
and the related interest and costs of sale the local
treasurer conducting the sale shall purchase the
property in behalf of the local government unit
concerned to satisfy the claim and within two (2)
days thereafter shall make a report of his
proceedings which shall be reflected upon the
records of his office. It shall be the duty of the
Registrar of Deeds concerned upon registration
with his office of any such declaration of forfeiture
to transfer the title of the forfeited property to the
local government unit concerned without the
necessity of an order from a competent court.
Within one (1) year from the date of such forfeiture,
the taxpayer or any of his representative, may
redeem the property by paying to the local
treasurer the full amount of the real property tax
and the related interest and the costs of sale. If the
property is not redeemed as provided herein, the
ownership thereof shall be vested on the local
government unit concerned.
Sec264. Resale of Real Estate Taken for Taxes,
Fees, or Charges. — The sanggunian concerned
may, by ordinance duly approved, and upon notice
of not less than twenty (20) days, sell and dispose
of the real property acquired under the preceding
section at public auction. The proceeds of the sale
shall accrue to the general fund of the local
government unit concerned.
Sec265. Further Distraint or Levy. — Levy may be
repeated if necessary until the full amount due,
including all expenses, is collected.
Sec266. Collection of Real Property Tax Through
the Courts. — The local government unit
concerned may enforce the collection of the basic
real property tax or any other tax levied under this
Title by civil action in any court of competent
jurisdiction. The civil action shall be filed by the
local treasurer within the period prescribed in
Section 270 of this Code.
Sec267. Action Assailing Validity of Tax Sale. —
No court shall entertain any action assailing the
validity or any sale at public auction of real property
or rights therein under this Title until the taxpayer
shall have deposited with the court the amount for
which the real property was sold, together with
interest of two percent (2%) per month from the
date of sale to the time of the institution of the
action. The amount so deposited shall be paid to
the purchaser at the auction sale if the deed is
declared invalid but it shall be returned to the
depositor if the action fails.
Neither shall any court declare a sale at public
auction invalid by reason or irregularities or
informalities in the proceedings unless the
substantive rights of the delinquent owner of the
real property or the person having legal interest
therein have been impaired.
Sec268. Payment of Delinquent Taxes on Property
Subject of Controversy. — In any action involving
the ownership or possession of, or succession to,
real property, the court may, motu propio or upon
representation of the provincial, city, or municipal
treasurer or his deputy, award such ownership,
possession, or succession to any party to the
action upon payment to the court of the taxes with
interest due on the property and all other costs that
may have accrued, subject to the final outcome of
the action.
Sec269. Treasurer to Certify Delinquencies
Remaining Uncollected. — The provincial, city or
municipal treasurer or their deputies shall prepare a
certified list of all real property tax delinquencies
which remained uncollected or unpaid for at least
one (1) year in his jurisdiction, and a statement of
the reason or reasons for such non-collection or
non-payment, and shall submit the same to the
sanggunian concerned on or before December
thirty-first (31st) of the year immediately
succeeding the year in which the delinquencies
were incurred, with a request for assistance in the
enforcement of the remedies for collection provided
herein.
Sec270. Periods Within Which To Collect Real
Property Taxes. — The basic real property tax and
any other tax levied under this Title shall be
collected within five (5) years from the date they
become due. No action for the collection of the tax,
whether administrative or judicial, shall be instituted
after the expiration of such period. In case of fraud
or intent to evade payment of the tax, such action
may be instituted for the collection of the same
 within ten (10) years from the discovery of such
fraud or intent to evade payment.
The period of prescription within which to collect
shall be suspended for the time during which:
(1) The local treasurer is legally prevented from
collecting the tax;
(2) The owner of the property or the person
having legal interest therein requests for
reinvestigation and executes a waiver in writing
before the expiration of the period within which to
collect; and
(3) The owner of the property or the person
having legal interest therein is out of the country or
otherwise cannot be located.
CHAPTER VII: Disposition of Proceeds
Sec271. Distribution of Proceeds. — The proceeds
of the basic real property tax, including interest
thereon, and proceeds from the use, lease or
disposition, sale or redemption of property acquired
at a public auction in accordance with the
provisions of this Title by the province or city or a
municipality within the Metropolitan Manila Area
shall be distributed as follows:
(a) In the case of provinces:
(1) Province — Thirty-five percent (35%) shall
accrue to the general fund;
(2) Municipality — Forty percent (40%) to the
general fund of the municipality where the property
is located; and
(3) Barangay — Twenty-five percent (25%) shall
accrue to the barangay where the property is
located.
(b) In the case of cities:
(1) City — Seventy percent (70%) shall accrue
to the general fund of the city; and
(2) Thirty percent (30%) shall be distributed
among the component barangays of the cities
where the property is located in the following
manner:
(i) Fifty percent (50%) shall accrue to the
barangay where the property is located;
(ii) Fifty percent (50%) shall accrue equally to all
component barangays of the city; and
(c) In the case of a municipality within the
Metropolitan Manila Area:
(1) Metropolitan Manila Authority — Thirty-five
percent (35%) shall accrue to the general fund of
the authority;
(2) Municipality — Thirty-five percent (35% shall
accrue to the general fund of the municipality
where the property is located;
(3) Barangays — Thirty percent (30%) shall be
distributed among the component barangays of the
municipality where the property is located in the
following manner:
(i) Fifty percent (50%) shall accrue to the
barangay where the property is located;
(ii) Fifty percent (50%) shall accrue equally to all
component barangays of the municipality.
(d) The share of each barangay shall be
released, without need of any further action,
directly to the barangay treasurer on a quarterly
basis within five (5) days after the end of each
quarter and shall not be subject to any lien or
holdback for whatever purpose.
Sec272. Application of Proceeds of the Additional
One Percent SEF Tax. — The proceeds from the
additional one percent (1%) tax on real property
accruing to the Special Education Fund (SEF) shall
be automatically released to the local school
boards: Provided, That, in case of provinces, the
proceeds shall be divided equally between the
provincial and municipal school boards: Provided,
however, That the proceeds shall be allocated for
the operation and maintenance of public schools,
construction and repair of school buildings, facilities
and equipment, educational research, purchase of
books and periodicals, and sports development as
determined and approved by the Local School
Board.
Sec273. Proceeds of the Tax on Idle Lands. — The
proceeds of the additional real property tax on idle
lands shall accrue to the respective general fund of
the province or city where the land is located. In the
case of a municipality within the Metropolitan
Manila Area, the proceeds shall accrue equally to
the Metropolitan Manila Authority and the
municipality where the land is located.
Sec274. Proceeds of the Special Levy. — The
proceeds of the special levy on lands benefited by
public works, projects and other improvements
shall accrue to the general fund of the local
government unit which financed such public works,
projects or other improvements.
CHAPTER VIII: Special Provisions
Sec275. General Assessment Revision; Expenses
Incident Thereto. — The sanggunian of provinces,
cities and municipalities within the Metropolitan
Manila Area shall provide the necessary
appropriations to defray the expenses incident to
the general revision of real property assessment.
All expenses incident to a general revision of real
property assessment shall, by ordinance of the
sangguniang panlalawigan, be apportioned
between the province and the municipality on the
basis of the taxable area of the municipality
concerned.
Sec276. Condonation or Reduction of Real
Property Tax and Interest. — In case of a general
failure of crops or substantial decrease in the price
of agricultural or agribased products, or calamity in
any province, city or municipality, the sanggunian
concerned, by ordinance passed prior to the first
(1st) day of January of any year and upon
 recommendation of the Local Disaster Coordinating
Council, may condone or reduce, wholly or partially,
the taxes and interest thereon for the succeeding
year or years in the city or municipality affected by
the calamity.
Sec277. Condonation or Reduction of Tax by the
President of the Philippines. — The President of
the Philippines may, when public interest so
requires, condone or reduce the real property tax
and interest for any year in any province or city or a
municipality within the Metropolitan Manila Area.
Sec278. Duty of Registrar of Deeds and Notaries
Public to Assist the Provincial, City or
Municipal Assessor. — It shall be the duty of the
Registrar of Deeds and notaries public to furnish
the provincial, city or municipal assessor with
copies of all contracts selling, transferring, or
otherwise conveying, leasing, or mortgaging real
property received by, or acknowledged before
them.
Sec279. Insurance Companies to Furnish
Information. — Insurance companies are hereby
required to furnish the provincial, city or municipal
assessor copies of any contract or policy insurance
on buildings, structures, and improvements insured
by them or such other documents which may be
necessary for the proper assessment thereof.
Sec280. Fees in Court Actions. — All court actions,
criminal or civil, instituted at the instance of the
provincial, city or municipal treasurer or assessor
under the provisions of this Code, shall be exempt
from the payment of court and sheriff's fees.
Sec281. Fees in Registration of Papers or
Documents on Sale of Delinquent Real Property
to Province, City or Municipality. — All
certificates, documents, and papers covering the
sale of delinquent property to the province, city or
municipality, if registered in the Registry of
Property, shall be exempt from the documentary
stamp tax and registration fees.
Sec282. Real Property Assessment Notices or
Owner's Copies of Tax Declarations to be
Exempt from Postal Charges or Fees. — All real
property assessment notices or owner's copies of
tax declaration sent through the mails by the
assessor shall be exempt from the payment of
postal charges or fees.
Sec283. Sale and Forfeiture Before Effectivity of
Code. — Tax delinquencies incurred, and sales
and forfeitures of delinquent real property effected,
before the effectivity of this Code shall be governed
by the provisions of applicable laws then in force
Benguet Corp. v. Central Board of Assessment
Appeals (1992)
Realty taxes are national taxes collected by LGUs.
While LGU’s are charged with fixing the rate of real
property taxes, it does not necessarily follow from
that authority the determination of whether or not to
impose the tax. In fact, LGU’s have no alternative
but to collect taxes as mandated in Sec. 38 of the
Real Property Tax Code. It is thus clear that it is the
national government, expressing itself through the
legislative branch, that levies the real property tax.
Consequently, when LGU’s are required to fix the
rates, they are merely constituted as agents of the
national government in the enforcement of the Real
Property Tax Code. The delegation of taxing power is
not even involved here because the national
government has already imposed realty tax in Sec.
38 leaving only the enforcement to be done LGU’s.
From class notes:
Real property tax is a national tax. – still good law?
Yes.
National Development Corp. v. Cebu City (1992)
NDC is exempt from the payment of real estate
taxes on the land.
To come within the ambit of the exemption, it is
important to establish that the property is owned by
the government or by its unincorporated agency.
Once government ownership is determined, the
nature of the use of the property, whether for
proprietary or sovereign purposes, becomes
immaterial.
However in CAB, what appears to have been ceded
to NDC is merely the administration of the property
while the government retains ownership of what has
been declared reserved for warehousing purposes
under the proclamation.
As reserved land (public land that has been withheld
and kept back from sale or disposition), it remains
absolute property of the government, because the
government does not part with its title by reserving
them, but simply gives notice to all that it desires
them for a certain purpose. As its title remains with
the Republic, the reserved land is covered by the tax
exemption provision.
NDC is not exempt from the payment of real
estate taxes on the warehouse.
A different rule applies because “the exemption of
public property from taxation does not extend to
improvements on the public lands made by
preemptioners, homesteaders and other claimants at
their own expense, and these are taxable by the
state…(CJS)”. Consequently, warehouse constructed
on the reserved land by NDC should properly be
assessed real estate tax as such improvement does
not appear to belong to the Republic.
From class notes:
May LGU impose franchise tax on all GOCCs?
Yes, unless the gov’t provides for a law giving
exemption.
Lopez v. City of Manila (1999)
Manila Ordinance 7894 taxed the land owned by
Lopez to an increased 580% value, and as to the
improvement, by 250%. So Lopez filed an action in
court to annul the ordinance.
Later, Ordinance 7905 took effect – reducing by 50%
the assessment levels for computation of tax due,
amending those provided by of Ordinance 7894. It
also provides that the amendment will have
retroactive effect. The new ordinance reduced the
tax increase on Lopez’s properties.
Held: There was failure to exhaust administrative
remedies. Sec187, 226 and 252 of LGC provides for
the remedies to the taxpayers with regard to
questions on the legality of a tax ordinance.
Ordinance 7905 affects the resulting tax imposed on
the market values of real properties specified in
Ordinance 7894. This has rendered the petition moot
and academic for failure to amend cause of action.
The facts upon which the petition was anchored no
longer exist because the tax rates in Ordinance 7894
have been amended, or impliedly repealed by
Ordinance 7905.
Ordinance 7905 is favourable to the taxpayers when
it specifically states that the reduced assessment
levels shall be applied retroactively. The reduced
assessment levels resulted to decrease in taxes. To
that extent, the ordinance is likewise, a social
legislation intended to soften the impact of the
tremendous increase in the value of the real
properties subject to tax. In enacting this ordinance,
the due process of law was considered by the City of
Manila so that the increase in realty tax will not
amount to the confiscation of the property.
From class notes:
Difference between 226 and 252:
226 – refers to assessment; there is no tax yet
252 – tax is excessive; later in the process, one
protests the tax
Lopez should have amended complaint
Callanta v. Office of the Ombudsman (1998)
A general revision of assessment was conducted by
the Cebu City Assessor’s Office. Notices of
assessment together with the new tax declarations
were sent to the property owners. Thereafter,
Callanta et. Al., without the authority of the Local
Board of Assessment Appeals, reassessed the
values of certain properties, resulting in the reduction
of assessed values of the properties. Criminal and
administrative charges were then filed against
Callanta and co.
Held: The aggrieved owners should have brought
their appeals before the LBAA. Despite the advice to
this effect contained in their respective notices of
assessment, the owners chose to bring their requests
for a review/readjustment before the city assessor, a
remedy not sanctioned by the law.
If this practice was allowed, a tendency to overvalue
initially and thereafter to reduce the increases upon
“request” of the property owner would occur. To avoid
this dubious, suspicious, bribable and compromising
situation, the law itself specifically provided an
appellate body — the LBAA — before which property
owners may seek relief.
While PD 464 requires the local assessor to certify to
the finance secretary that the general revision has
been finished, such certification is, however, not the
operative act for the effectivity of the new
assessments.
An assessment fixes and determines the tax liability
of a taxpayer. As soon as it is served, an obligation
arises on the part of the taxpayer concerned to pay
the amount assessed and demanded. Thus, with
respect to real property taxes, the obligation to pay
arises on the first day of January of the year following
the assessment. Corollarily, on the same date, the
right of the local government to collect said taxes also
arises. And where the taxpayer fails to question such
assessment within the reglementary period provided
by law, the local government’s right becomes
absolute upon the expiration of such period with
respect to that taxpayer’s property. In the CAB, there
is thus injury or prejudice to the city gov’t.
Ty v. Trampe (1995)
Assessor sent a notice of assessment respecting
certain real properties of petitioners. Later,
petitioners filed a petition to declare null and void the
new tax assessments and to enjoin collection of real
estate taxes based on said assessments.
Held: PD 921 and RA 7160 are not co-extensive and
mutually inclusive in their scope and purpose. While
RA 7160 covers almost all governmental functions
delegated to LGUs all over the country, PD 921
embraces only the Metropolitan Manila area and is
limited to the administration of financial services
therein, especially the assessment and collection of
real estate (and some other local) taxes.
By reading together and harmonizing the 2 provisions
of the 2 laws, we arrive at the ff. steps in the
preparation of the schedule of market values:
 The assessor in each municipality or city in the
Metropolitan Mla. Area shall prepare his/her
proposed schedule of values (Sec. 212, RA
7160).
 The Local Treasury and Assessment District
shall meet (Sec. 9, PD 921). In this meeting, the
different assessors shall compare their individual
assessments, discuss and thereafter jointly
agree and produce a schedule of values for their
district.
 The schedule jointly agreed upon by the
assessors shall then be published in a
newspaper of general circulation and submitted
to the sanggunian concerned for enactment by
ordinance (Sec. 212, RA 7160).
Hence, the schedule of values prepared solely by the
municipal assessor is illegal and void.
MCIAA v. Marcos (1996)
MCIAA is mandated to control, manage and
supervise the Mactan International Airport and other
airports in Cebu. City Treasurer demanded payment
for realty taxes on lands belonging to MCIAA.
Petitioner claimed in its favor the provision in its
charter which exempts it from payment of realty
taxes. It also claimed that it is an instrumentality of
the government performing governmental functions,
citing Sec. 133 of LGC.
Held: Reading together Secs. 133, 232 and 234 of
the LGC, we conclude that:
Gen. Rule: The taxing powers of LGUs cannot
extend to the levy of “taxes, fees and charges of any
kind on the National Government, its agencies and
instrumentalities, and LGUs.” (Sec. 133)
However, provinces, cities and municipalities in the
Metropolitan Mla. Area may impose the real property
tax except on “real property owned by the Republic of
the Philippines or any of its political subdivisions
(Sec. 232), except when the beneficial use thereof
has been granted, for consideration or otherwise, to a
taxable person.” (Sec. 234)
As to tax exemptions or incentives granted to or
presently enjoyed by natural or judicial persons,
including GOCCS,
Gen. Rule: They are withdrawn upon the effectivity of
the LGC, except those granted to local water
districts, cooperatives duly registered under RA 6938,
non-stock and non-profit hospitals and educational
institutions, and unless otherwise provided in the
LGC.
“Unless otherwise provided in the LGC” could refer to
Sec. 234, which enumerates the properties exempt
from real property tax.
But the last para. of Sec. 234 further qualifies the
retention of the exemption insofar as real property
taxes are concerned by limiting the retention only to
those enumerated herein; all others not included in
the enumeration lost the privilege upon the effectivity
of the LGC.
But even as to real property owned by the Republic
or any of its political subdivisions covered by item (a)
of the first paragraph of Section 234, the exemption is
withdrawn if the beneficial use of such property has
been granted to a taxable person for consideration or
otherwise.
MCIAA is a GOCC. It necessarily follows that its
exemption from real property tax granted it in its
Charter has been withdrawn.
As to MCIAA’s contention that it is an instrumentality
of the gov’t, it fails to consider the fact that the
legislature used the phrase "National Government, its
agencies and instrumentalities" in Section 133(o), but
only the phrase "Republic of the Philippines or any of
its political subdivisions" in Section 234(a). “Republic
of the Philippines” is a broader term.
It is clear that Congress did not wish to expand the
scope of the exemption in Section 234(a) to include
real property owned by other instrumentalities or
agencies of the government including GOCCs.
Also, the parcels of land in this case do not belong to
the Republic whose beneficial use has been granted
to MCIAA. This "transfer" is actually an absolute
conveyance of the ownership thereof because the
petitioner's authorized capital stock consists of "the
value of such real estate owned and/or administered
by the airports." Hence, the petitioner is now the
owner of the land and the exception in Sec. 234(c) of
the LGC is inapplicable.
From class notes:
Paranaque can levy on or auction off NAIA properties
(including the airport runway) for the payment of its
tax liabilities, applying the Mactan case.
NAPOCOR V. Lanao del Sur(1996)
While LRTA’s carriageways and terminal stations are
anchored at certain points on public roads, these
structures do not form part of such roads, since the
former have been constructed over the latter in such
a way that the flow of vehicular traffic would not be
impeded.

Unlike public roads which are open for use by

Considering the entire chain of events, it is clear that
everyone, the LRT is accessible only to those who
petitioner's tax exemptions for the period in question
pay the required fare. The LRTA does not exist solely
had effectively been preserved intact by virtue of their
for public service, and the LRT carriageways and
restoration through FIRB resolutions.
terminal stations are not exclusively for public use.
The Real Property Tax Code, PD 464, as amended,
Although LRTA is a public utility, it is nonetheless
expressly exempts them from such tax. The
profit-earning. It actually uses those carriageways
properties in question comprise the site of the entire
and terminal stations in its public utility business and
Hydroelectric Power Plant Complex, which supplies
earns money therefrom.
relatively cheap electricity to Mindanao.
Even granting that the national government indeed
These are government properties, wholly owned by
owns the carriageways and terminal stations, the
petitioner and devoted directly and solely for public
exemption would not apply because their beneficial
service and utilized in the implementation of the state
use has been granted to petitioner, a taxable entity.
policy of bringing about the total electrification of the
country at the least cost to the public.

It can be noted, from the relevant laws, that Philreca v. Secretary (2003)
petitioner's non-profit character has been maintained
throughout its existence, and that petitioner is Sec. 193 and 234 of the LGC, giving tax exemptions
mandated to devote all its returns from capital to coops under RA 6938, are constitutional and not
investment and excess revenues from operations to violative of equal protection. Substantial distinctions
its expansion. On account thereof, and to enable exist between coops under PD 269 and those under
petitioner to pay its indebtedness and obligations and RA 6938:
in furtherance of the state policy on electrification and
power generation, petitioner has always been Coops under Coops under
exempted from taxes. PD 269 RA 6938
Capital Nowhere in PD Members must
The assessment and levy on as well as the sale of contribution 269 does it make equitable
the properties of petitioner were null and void for by members require coops contributions to
having been made in violation of PD 938 and the to make the capital
Real Property Tax Code. equitable required.
contributions to
The power to sell at public auction is premised on the capital.
real property tax or any portion thereof first becoming Extent of gov’t PD 269 is Under the Act,
delinquent. The properties in this case being exempt control over replete with the State shall
from payment of realty taxes, no such delinquency coops provisions maintain the
was possible to begin with. which grant the policy of
NEA, upon the noninterference
LRTA v. Central Board of Assessment Appeals happening of in the
(2000) certain events, management
the power to and operation of
Though the creation of the LRTA was impelled by control and take the cooperatives
public service its operation partakes of ordinary over the (principle of
business. LRTA is clothed with corporate status and management subsidiarity).
corporate powers in the furtherance of its proprietary and operations Coops
objectives. Given that it is engaged in a service- of coops envisioned to be
oriented commercial endeavor, its carriageways and registered self-sufficient
terminal stations are patrimonial property subject to under it. and
tax, notwithstanding its claim of being a GOCC. independent
organizations
with minimal
 government
intervention or
regulation.
The intention of the law is to broaden the tax base of
LGUs to assure them of substantial sources of
revenue.
Violations of tax ordinances
Sec516. Penalties for Violation of Tax Ordinances.
— The sanggunian of a local government unit is
authorized to prescribe fines or other penalties for
violation of tax ordinances but in no case shall such
fines be less than One thousand pesos (P1,000.00)
nor more than Five thousand pesos (P5,000.00),
nor shall imprisonment be less than one (1) month
nor more than six (6) months. Such fine or other
penalty, or both, shall be imposed at the discretion
of the court. The sangguniang barangay may
prescribe a fine of not less than One hundred
pesos (P100.00) nor more than One thousand
pesos (P1,000.00).
Sec517. Omission of Property from Assessment
or Tax Rolls by Officers and Other Acts. — Any
officer charged with the duty of assessing real
property who willfully fails to assess, or who
intentionally omits from the assessment or tax roll
any real property which he knows to be taxable, or
who willfully or negligently under assesses any real
property, or who intentionally violates or fails to
perform any duty imposed upon him by law relating
to the assessment of taxable real property shall,
upon conviction, be punished by a fine of not less
than One thousand pesos (P1,000.00) nor more
than Five thousand pesos (P5,000.00), or by
imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.
The same penalty shall be imposed upon any
officer charged with the duty of collecting the tax
due on real property who willfully or negligently fails
to collect the tax and institute the necessary
proceedings for the collection of the same.
Any other officer required by this Code to perform
acts relating to the administration of the real
property tax or to assist the assessor or treasurer in
such administration, who willfully fails to discharge
such duties shall, upon conviction be punished by a
fine of not less than Five hundred pesos (P500.00)
nor more than Five thousand pesos (P5,000.00) or
imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.
Sec518. Government Agents Delaying
Assessment of Real Property and Assessment
Appeals. — Any government official who
intentionally and deliberately delays the
assessment of real property or the filing of any
appeal against its assessment shall, upon
conviction, be punished by a fine of not less than
Five hundred pesos (P500.00) nor more than Five
thousand pesos (P5,000.00), or by imprisonment of
not less than one (1) month nor more than six (6)
months, or both such fine and imprisonment, at the
discretion of the court.
Sec519. Failure to Dispose of Delinquent Real
Property at Public Auction. — The local treasurer
concerned who fails to dispose of delinquent real
property at public auction in compliance with the
pertinent provisions of this Code, and any other
local government official whose acts hinder the
prompt disposition of delinquent real property at
public auction shall, upon conviction, be subject to
a fine of not less than One thousand pesos
(P1,000.00) nor more than Five thousand pesos
(P5,000.00), or imprisonment of not less than one
(1) month nor more than six (6) months, or both
such fine and imprisonment, at the discretion of the
court.
Internal Revenue Allotment
Sec284. Allotment of Internal Revenue Taxes. —
Local government units shall have a share in the
national internal revenue taxes based on the
collection of the third fiscal year preceding the
current fiscal year as follows:
(a) On the first year of the effectivity of this
Code, thirty percent (30%);
(b) On the second year, thirty-five percent (35%);
and
(c) On the third year and thereafter, forty percent
(40%).
Provided, That in the event that the national
government incurs an unmanageable public sector
deficit, the President of the Philippines is hereby
authorized, upon the recommendation of Secretary
of Finance, Secretary of Interior and Local
Government and Secretary of Budget and
Management, and subject to consultation with the
presiding officers of both Houses of Congress and
the presidents of the "liga", to make the necessary
adjustments in the internal revenue allotment of
local government units but in no case shall the
allotment be less than thirty percent (30%) of the
collection of national internal revenue taxes of the
third fiscal year preceding the current fiscal year:
Provided, further, That in the first year of the
effectivity of this Code, the local government units
shall, in addition to the thirty percent (30%) internal
revenue allotment which shall include the cost of
devolved functions for essential public services, be
entitled to receive the amount equivalent to the cost
of devolved personal services.

Sec285. Allocation to Local Government Units. —
The share of local government units in the internal
revenue allotment shall be collected in the following
manner:
(a) Provinces — Twenty-three percent (23%);
(b) Cities — Twenty-three percent (23%);
(c) Municipalities — Thirty-four percent (34%);
and
(d) Barangays — Twenty percent (20%)
Provided, however, That the share of each
province, city, and municipality shall be determined
on the basis of the following formula:
(a) Population — Fifty percent (50%);
(b) Land Area — Twenty-five percent (25%); and
(c) Equal sharing — Twenty-five percent (25%)
Provided, further, That the share of each barangay
with a population of not less than one hundred
(100) inhabitants shall not be less than Eighty
thousand (P80,000.00) per annum chargeable
against the twenty percent (20%) share of the
barangay from the internal revenue allotment, and
the balance to be allocated on the basis of the
following formula:
(a) On the first year of the effectivity of this
Code:
(1) Population — Forty percent (40%); and
(2) Equal sharing — Sixty percent (60%)
(b) On the second year:
(1) Population — Fifty percent (50%); and
(2) Equal sharing — Fifty percent (50%)
(c) On the third year and thereafter:
(1) Population — Sixty percent (60%); and
(2) Equal sharing — Forty percent (40%).
Provided, finally, That the financial requirements of
barangays created by local government units after
the effectivity of this Code shall be the
responsibility of the local government unit
concerned.
Sec286. Automatic Release of Shares. —
(a) The share of each local government unit
shall be released, without need of any further
action, directly to the provincial, city, municipal or
barangay treasurer, as the case may be, on a
quarterly basis within five (5) days after the end of
each quarter, and which shall not be subject to any
lien or holdback that may be imposed by the
national government for whatever purpose.
(b) Nothing in this Chapter shall be understood
to diminish the share of local government units
under existing laws.
Sec287. Local Development Projects. — Each
local government unit shall appropriate in its annual
budget no less than twenty percent (20%) of its
annual internal revenue allotment for development
projects. Copies of the development plans of local
government units shall be furnished the
Department of Interior and Local Government.
Sec288. Rules and Regulations. — The Secretary
of Finance, in consultation with the Secretary of
Budget and Management, shall promulgate the
necessary rules and regulations for a simplified
disbursement scheme designed for the speedy and
effective enforcement of the provisions of this
Chapter.
Alvarez v. Guingona
1996
Santiago has met the minimum average annual
income required to be a component city. IRAs form
part of the income of LGUs. They are items of income
because they form part of the gross accretion of the
funds of the LGU. They regularly and automatically
accrue to the local treasury without need of any
further action on the part of the LGU.
Funds generated from local taxes, IRAs, and national
wealth utilization proceeds accrue to the general fund
of the local government and are used to finance its
operations subject to specified modes of spending.
IRAs are considered items of income, since income is
defined in the LGC to be all revenues and receipts
collected or received forming the gross accretions of
funds of the LGU.
Sec450(c) also provides that “the average annual
income shall include the income accruing to the
general fund, exclusive of special funds, transfers,
and non-recurring income.” IRA’s are regular,
recurring item of income. It is not a special fund or
transfer, since IRAs have a technical definition and
meaning all its own as used in LGC that
unequivocally makes it distinct from special funds or
transfers referred to when LGC speaks of “funding
support from the national government, its
instrumentalities, and GOCCs.”
From class notes:
If Congress provides less than 40% as IRA in its
general appropriations act, this is not allowed as an
amendment to the LGC.
Otherwise, Congress can amend the 40% IRA of the
LGC by enacting laws.
Pimentel v. Aguirre (2000)
Pres. Ramos issued AO 372 entitled “Adoption of
Economy Measures for FY 1998”.
4. Section 1 directed all government departments
and agencies, including LGUs, to reduce total
expenditures for the year by at least 25%.
5. Section 4 provided that the amount equivalent to
10% of the internal revenue allotment to LGUs
shall be withheld pending the assessment and
evaluation by the Development Budget
Coordinating Committee of the emerging fiscal
situation.
Held: Sec. 1 is valid. While the wordings of Sec. 1
have a rather commanding tone, and while the
requirements of the LGC (Sec. 284) have not been
satisfied, the directive to implement measures that
will reduce total expenditures by 25% is merely
advisory in character, and does not constitute a
mandatory or binding order that interferes with local
autonomy. All concerned could do well to heed this
advisory. It is understood, however, that no legal
sanction may be imposed upon LGUs and their
officials who do not follow such advice.
Sec. 4 is not valid as it encroaches on local fiscal
autonomy. A basic feature of local fiscal autonomy is
the automatic release of the shares of the LGUs in
the national revenue. This is mandated by the
Constitution and the LGC. Although what is provided
for in Section 4 is merely temporary (pending
assessment & evaluation by DBCC), it is equivalent
to a holdback, which means “something held back or
withheld, often temporarily.” Hence, the temporary
nature of the retention by the national government
does not matter. Any retention is prohibited.
Share of LGUs in National Wealth
Sec289. Share in the Proceeds from the
Development and Utilization of the National
Wealth. — Local government units shall have an
equitable share in the proceeds derived from the
utilization and development of the national wealth
within their respective areas, including sharing the
same with the inhabitants by way of direct benefits.
Sec290. Amount of Share of Local Government
Units. — Local government units shall, in addition
to the internal revenue allotment, have a share of
forty percent (40%) of the gross collection derived
by the national government from the preceding
fiscal year from mining taxes, royalties, forestry and
fishery charges, and such other taxes, fees, or
charges, including related surcharges, interests, or
fines, and from its share in any co-production, joint
venture or production sharing agreement in the
utilization and development of the national wealth
within their territorial jurisdiction.
Sec291. Share of the Local Governments from
any Government Agency or Owned or
Controlled Corporation. — Local government
units shall have a share based on the preceding
fiscal year from the proceeds derived by any
government agency or government-owned or
controlled corporation engaged in the utilization
and development of the national wealth based on
the following formula whichever will produce a
higher share for the local government unit:
(a) One percent (1%) of the gross sales or
receipts of the preceding calendar year; or
(b) Forty percent (40%) of the mining taxes,
royalties, forestry and fishery charges and such
other taxes, fees or charges, including related
surcharges, interests, or fines the government
agency or government owned or controlled
corporation would have paid if it were not otherwise
exempt.
Sec292. Allocation of Shares. — The share in the
preceding Section shall be distributed in the
following manner:
(a) Where the natural resources are located in
the province:
(1) Province — Twenty percent (20%);
(2) Component City/Municipality — Forty-five
percent (45%); and
(3) Barangay — Thirty-five percent (35%)
Provided, however, That where the natural
resources are located in two (2) or more provinces,
or in two (2) or more component cities or
municipalities or in two (2) or more barangays, their
respective shares shall be computed on the basis
of:
(1) Population — Seventy percent (70%); and
(2) Land area — Thirty percent (30%)
(b) Where the natural resources are located in a
highly urbanized or independent component city:
(1) City — Sixty-five percent (65%); and
(2) Barangay — Thirty-five percent (35%)
Provided, however, That where the natural
resources are located in such two (2) or more
cities, the allocation of shares shall be based on
the formula on population and land area as
specified in paragraph (a) of this Section.
Sec293. Remittance of the Share of Local
Government Units. — The share of local
government units from the utilization and
development of national wealth shall be remitted in
accordance with Section 286 of this Code:
Provided, however, That in the case of any
government agency or government-owned or
controlled corporation engaged in the utilization
and development of the national wealth, such share
shall be directly remitted to the provincial, city,
municipal or barangay treasurer concerned within
five (5) days after the end of each quarter.
Sec294. Development and Livelihood Projects. —
The proceeds from the share of local government
units pursuant to this chapter shall be appropriated
by their respective sanggunian to finance local
government and livelihood projects: Provided,
however, That at least eighty percent (80%) of the
proceeds derived from the development and
utilization of hydrothermal. geothermal, and other
sources of energy shall be applied solely to lower
the cost of electricity in the local government unit
where such a source of energy is located.
RA 7076 – An Act Creating A People's Small-Scale
Mining Program And For Other Purposes
Sec19. Government Share and Allotment. — The
revenue to be derived by the Government from the
operation of the mining program herein established
shall be subject to the sharing provided in the Local
Government Code.
Credit Financing
Sec295. Scope. — This Title shall govern the power
of local government units to create indebtedness
and to enter into credit and other financial
transactions.
Sec296. General Policy. —
(a) It shall be the basic policy that any local
government unit may create indebtedness, and
avail of credit facilities to finance local infrastructure
and other socio-economic development projects in
accordance with the approved local development
plan and public investment program.
(b) A local government unit may avail of credit
lines from government or private banks and lending
institutions for the purpose of stabilizing local
finances.
Sec297. Loans, Credits, and Other Forms of
Indebtedness of Local Government Units. —
(a) A local government unit may contract loans,
credits, and other forms of indebtedness with any
government or domestic private bank and other
lending institutions to finance the construction,
installation, improvement, expansion, operation, or
maintenance of public facilities, infrastructure
facilities, housing projects, the acquisition of real
property, and the implementation of other capital
investment projects, subject to such terms and
conditions as may be agreed upon by the local
government unit and the lender. The proceeds from
such transactions shall accrue directly to the local
government unit concerned.
(b) A local government unit may likewise secure
from any government bank and lending institution
short, medium and long-term loans and advances
against security of real estate or other acceptable
assets for the establishment, development, or
expansion of agricultural, industrial, commercial,
house financing projects, livelihood projects, and
other economic enterprises.
(c) Government financial and other lending
institutions are hereby authorized to grant loans,
credits, and other forms of indebtedness out of their
loanable funds to local government units for
purposes specified above.
Sec298. Deferred-Payment and other Financial
Schemes. — Provincial, city and municipal
governments may likewise acquire property, plant,
machinery, equipment, and such necessary
accessories under a supplier's credit, deferred
payment plan, or either financial scheme.
Sec299. Bonds and Other Long-Term Securities.
— Subject to the rules and regulations of the
Central Bank and the Securities and Exchange
Commission, provinces, cities, and municipalities
are hereby authorized to issue bonds, debentures,
securities, collaterals, notes and other obligations
to finance self-liquidating, income-producing
development or livelihood projects pursuant to the
priorities established in the approved local
development plan or the public investment
program. The sanggunian concerned shall, through
an ordinance approved by a majority of all its
members, declare and state the terms and
conditions of the bonds and the purpose for which
the proposed indebtedness is to be incurred.
Sec300. Inter-Local Government Loans, Grants,
and Subsidies. — Provinces, cities, and
municipalities may, upon approval of the majority of
all members of the sanggunian concerned and in
amounts not exceeding their surplus funds, extend
loans, grants, or subsidies to other local
government units under such terms and conditions
as may be agreed upon by the contracting parties.
Local government units may, upon approval of their
respective sanggunian, jointly or severally contract
loans, credits, and other forms of indebtedness for
purposes mutually beneficial to them.
Sec301. Loans from Funds Secured by the
National Government from Foreign Sources. —
(a) The President, or his duly authorized
representative, may, through any government
financial or other lending institution, relend to any
province, city, municipality, or barangay, the
proceeds of loans contracted with foreign financial
institutions or other international funding agencies
for the purpose of financing the construction,
installation, improvement, expansion, operation, or
 maintenance of public utilities and facilities,
infrastructure facilities, or housing projects, the
acquisition of real property, and the implementation
of other capital investment projects, subject to such
terms and conditions as may be agreed upon by
the President and the local government unit. The
proceeds from such loans shall accrue directly to
the local government concerned.
(b) The President may likewise authorize the
relending to local government units the proceeds of
grants secured from foreign sources, subject to the
provisions of existing laws and the applicable grant
agreements. (c) Repayment or amortization of
loans including accrued interest thereon, may be
financed partly from the income of the projects or
services and from the regular income of the local
government unit, which must be provided for and
appropriated regularly in its annual budget until the
loan and the interest thereon shall have been fully
paid.
Sec302. Financing, Construction, Maintenance,
Operation, and Management of Infrastructure
Projects by the Private Sector. —
(a) Local government units may enter into
contracts with any duly prequalified individual
contractor, for the financing, construction,
operation, and maintenance of any financially
viable infrastructure facilities, under the build-
operate-transfer agreement, subject to the
applicable provisions of Republic Act Numbered
Sixty-nine hundred fifty-seven (R.A. No. 6957)
authorizing the financing, construction, operation
and maintenance of infrastructure projects by the
private sector and the rules and regulations issued
thereunder and such terms and conditions provided
in this Section.
(b) Local government units shall include in their
respective local development plans and public
investment programs priority projects that may be
financed, constructed, operated and maintained by
the private sector under this Section. It shall be the
duty of the local government unit concerned to
disclose to the public all projects eligible for
financing under this Section, including official
notification of duly registered contractors and
publications in newspapers of general or local
circulation and in conspicuous and accessible
public places. Local projects under the build-
operate-and-transfer agreement shall be confirmed
by the local development councils.
(c) Projects implemented under this Section
shall be subject to the following terms and
conditions:
(1) The provincial, city or municipal engineer, as
the case may be, upon formal request in
writing by the local chief executive, shall
prepare the plans and specifications for the
proposed projects, which shall be submitted
to the sanggunian for approval.
(2) Upon approval by the sanggunian of the
project plans and specifications, the
provincial, city, or municipal engineer shall,
as the case may be, cause to be published
once every week, for two (2) consecutive
weeks in at least one (1) local newspaper
which is circulated in the region, province,
city or municipality in which the project is to
be implemented, a notice inviting all duly
qualified contractors to participate in a public
bidding for the projects so approved. The
conduct of public bidding and award of
contracts for local government projects under
this Section shall be in accordance with this
Code and other applicable laws, rules and
regulations.
In the case of a build-operate-and-transfer
agreement, the contract shall be awarded to
the lowest complying bidder whose offer is
deemed most advantageous to the local
government and based on the present value
of its proposed tolls, fees, rentals, and
charges over a fixed term for the facility to be
constructed, operated, and maintained
according to the prescribed minimum design
and performance standards, plans, and
specifications. For this purpose, the winning
contractor shall be automatically granted by
the local government unit concerned the
franchise to operate and maintain the facility,
including the collection of tolls, fees, rentals,
and charges in accordance with subsection
(c-4) hereof.
In the case of a build-operate-and-transfer
agreement, the contract shall be awarded to
the lowest complying bidder based on the
present value of its proposed schedule of
amortization payments for the facility to be
constructed according to the prescribed
minimum design and performance standards,
plans, and specifications.
(3) Any contractor who shall undertake the
prosecution of any project under this Section
shall post the required bonds to protect the
interest of the province, city, or municipality,
in such amounts as may be fixed by the
sanggunian concerned and the provincial,
city or municipal engineer shall not, as the
case may be, allow any contractor to initiate
the prosecution of projects under this Section
unless such contractor presents proof or
evidence that he has posted the required
bond.
(4) The contractor shall be entitled to a
reasonable return of its investment in
accordance with its bid proposal as accepted
by the local government unit concerned.
In the case of a build-operate-and-transfer
agreement, the repayment shall be made by
authorizing the contractor to charge and
 collect reasonable tolls, fees, rentals, and
charges for the use of the project facility not
exceeding those proposed in the bid and
incorporated in the contract: Provided, That
the local government unit concerned shall,
based on reasonableness and equity,
approve the tolls, fees, rentals and charges:
Provided, further, That the imposition and
collection of tolls, fees, rentals and charges
shall be for a fixed period as proposed in the
bid and incorporated in the contract which
shall in no case exceed fifty (50) years:
Provided, finally, That during the lifetime of
the contract, the contractor shall undertake
the necessary maintenance and repair of the
facility in accordance with standards
prescribed in the bidding documents and in
the contract.
In the case of a build-operate-and-transfer
agreement, the repayment shall be made
through amortization payments in
accordance with the schedule proposed in
the bid and incorporated in the contract.
In case of land reclamation or construction of
industrial estates, the repayment plan may
consist of the grant of a portion or
percentage of the reclaimed land or the
industrial estate constructed.
(5) Every infrastructure project undertaken under
this Section shall be constructed, operated,
and maintained by the contractor under the
technical supervision of the local government
unit and in accordance with the plans,
specifications, standards, and costs
approved by it.
(d) The provincial, city, or municipal legal officer
shall, as the case may be, review the contracts
executed pursuant to this Section to determine their
legality, validity, enforceability and correctness of
form.
Sec303. Remedies and Sanctions. — Local
government unit shall appropriate in their
respective annual budgets such amounts as are
sufficient to pay the loans and other indebtedness
incurred or redeem or retire bonds, debentures,
securities, notes and other obligations issued under
this Title: Provided, That failure to provide the
appropriations herein required shall render their
annual budgets inoperative.
Chavez v. Public Estates Authority (2002)
Sec. 302 of the LGC does not constitute legislative
authority to sell reclaimed lands to private
corporations. The BOT Law recognizes the
constitutional ban (“…subject to constitutional
requirements …”). Although §302 doesn’t contain a
proviso similar to that of the BOT law, the
constitutional restrictions on land ownership
automatically apply even though not expressly
mentioned in the LGC.
Thus, to avoid direct collision of provs of the LGC and
the BOT law with the provs of the Consti: If the
contractor or developer (in the reclamation of lands)
is –
1. a corporate entity  it can only be paid with
leaseholds on portions of the reclaimed land
2. an individual  s/he can be paid portions of the
reclaimed land, not exceeding 12 hectares of
non-agricultural lands.
Local Fiscal Administration
Sec304. Scope. — This Title shall govern the
conduct and management of financial affairs,
transactions, and operations of provinces, cities,
municipalities, and barangays.
Sec305. Fundamental Principles. — The financial
affairs, transactions, and operations of local
government units shall be governed by the
following fundamental principles:
(a) No money shall be paid out of the local
treasury except in pursuance of an appropriations
ordinance or law;
(b) Local government funds and monies shall be
spent solely for public purposes;
(c) Local revenue is generated only from
sources expressly authorized by law or ordinance,
and collection thereof shall at all times be
acknowledged properly;
(d) All monies officially received by a local
government officer in any capacity or on any
occasion shall be accounted for as local funds,
unless otherwise provided by law;
(e) Trust funds in the local treasury shall not be
paid out except in fulfillment of the purpose for
which the trust was created or the funds received;
(f) Every officer of the local government unit
whose duties permit or require the possession or
custody of local funds shall be properly bonded,
and such officer shall be accountable and
responsible for said funds and for the safekeeping
thereof in conformity with the provisions of law;
(g) Local governments shall formulate sound
financial plans, and local budgets shall be based on
functions, activities, and projects, in terms of
expected results;
(h) Local budget plans and goals shall, as far as
practicable, be harmonized with national
development plans, goals, and strategies in order
to optimize the utilization of resources and to avoid
duplication in the use of fiscal and physical
resources;
 (i) Local budgets shall operationalize approved
local development plans;
(j) Local government units shall ensure that
their respective budgets incorporate the
requirements of their component units and provide
for equitable allocation of resources among these
component units;
(k) National planning shall be based on local
planning to ensure that the needs and aspirations
of the people as articulated by the local
government units in their respective local
development plans are considered in the
formulation of budgets of national line agencies or
offices;
(l) Fiscal responsibility shall be shared by all
those exercising authority over the financial affairs,
transactions, and operations of the local
government units; and
(m) The local government unit shall endeavor to
have a balanced budget in each fiscal year of
operation.
Sec306. Definitions. — When used in this
Title, the term —
(a) "Annual Budget" refers to a financial plan
embodying the estimates of income and
expenditures for one (1) fiscal year;
(b) "Appropriation" refers to an authorization
made by ordinance, directing the payment of goods
and services from local government funds under
specified conditions or for specific purposes;
(c) "Budget Document" refers to the instrument
used by the local chief executive to present a
comprehensive financial plan to the sanggunian
concerned;
(d) "Capital Outlays" refers to appropriations for
the purchase of goods and services, the benefits of
which extend beyond the fiscal year and which add
to the assets of the local government unit
concerned, including investments in public utilities
such as public markets and slaughterhouses;
(e) "Continuing Appropriation" refers to an
appropriation available to support obligations for a
specified purpose or projects, such as those for the
construction of physical structures or for the
acquisition of real property or equipment, even
when these obligations are incurred beyond the
budget year;
(f) "Current Operating Expenditures" refers to
appropriations for the purchase of goods and
services for the conduct of normal local
government operations within the fiscal year,
including goods and services that will be used or
consumed during the budget year;
(g) "Expected Results" refers to the services,
products, or benefits that shall accrue to the public,
estimated in terms of performance measures or
physical targets;
(h) "Fund" refers to a sum of money, or other
assets convertible to cash, set aside for the
purpose of carrying out specific activities or
attaining certain objectives in accordance with
special regulations, restrictions, or limitations, and
constitutes as independent fiscal and accounting
entity;
(i) "Income" refers to all revenues and receipts
collected or received forming the gross accretions
of funds of the local government unit;
(j) "Obligations" refers to an amount committed
to be paid by the local government unit for any
lawful act made by an accountable officer for and in
behalf of the local unit concerned;
(k) "Personal Services" refers to appropriations
for the payment of salaries, wages and other
compensation of permanent, temporary,
contractual, and casual employees of the local
government unit;
(l) "Receipts" refers to income realized from
operations and activities of the local government or
are received by it in the exercise of its corporate
functions, consisting of charges for services
rendered, conveniences furnished, or the price of a
commodity sold, as well as loans, contributions or
aids from other entities, except provisional
advances for budgetary purposes; and
(m) "Revenue" refers to income derived from the
regular system of taxation enforced under authority
of law or ordinance, and, as such, accrue more or
less regularly every year.
CHAPTER II: Local and Other Special Funds
Art I: Receipts, Safekeeping Article and
Disposition of Local Funds
Sec307. Remittance of Government Monies to the
Local Treasury. — Officers of local government
authorized to receive and collect monies arising
from taxes, revenues, or receipts of any kind shall
remit the full amount received and collected to the
treasury of such local government unit which shall
be credited to the particular account or accounts to
which the monies in question properly belong.
Sec308. Local Funds. — Every local government
unit shall maintain a General Fund which shall be
used to account for such monies and resources as
may be received by and disbursed from the local
treasury. The General Fund shall consist of monies
and resources of the local government which are
available for the payment of expenditures,
obligations or purposes not specifically declared by
law as accruing and chargeable to, or payable
from, any other fund.
Sec309. Special Funds. — There shall be
maintained in every provincial, city, or municipal
treasury the following special funds:
(a) Special Education Fund (SEF) shall consist
of the respective shares of provinces, cities,
municipalities and barangays in the proceeds of the
additional tax on real property to be appropriated
 for purposes prescribed in Section 272 of this
Code; and
(b) Trust Funds shall consist of private and
public monies which have officially come into the
possession of the local government or of a local
government official as trustee, agent or
administrator, or which have been received as a
guaranty for the fulfillment of some obligation. A
trust fund shall only be used for the specific
purpose for which it was created or for which it
came into the possession of the local government
unit.
Sec310. Separation of Books and Depository
Accounts. — Local accountants and treasurers
shall maintain separate books and depository
accounts, respectively, for each fund in their
custody or administration under such rules and
regulations as the Commission on Audit may
prescribe.
Sec311. Depository Accounts. — Local treasurers
shall maintain depository accounts in the name of
their respective local government units with banks,
preferably government-owned, located in or
nearest to their respective areas of jurisdiction.
Earnings of each depository account shall accrue
exclusively thereto.
Sec312. Separation of Personal Money from
Public Funds. — Local treasurers and other
accountable officers shall keep monies separate
and distinct from local public funds in their custody
and shall not make profit out of public money or
otherwise apply the same to any use not authorized
by law or ordinance.
Art II: Special Accounts
Sec313. Special Accounts to be Maintained in the
General Fund. — Local government units shall
maintain special accounts in the general fund for
the following:
(a) Public utilities and other economic
enterprises;
(b) Loans, interests, bond issues, and other
contributions for specific purposes; and
(c) Development projects funded from the share
of the local government unit concerned in the
internal revenue allotment and such other special
accounts which may be created by law or
ordinance.
Receipts, transfers, and expenditures involving the
foregoing special accounts shall be properly taken
up thereunder.
Profits or income derived the operation of public
utilities and other economic enterprises, after
deduction for the cost of improvement, repair and
other related expenses of the public utility or
economic enterprise concerned, shall first be
applied for the return of the advances or loans
made therefor. Any excess shall form part of the
general fund of the local government unit
concerned.
CHAPTER III: Budgeting
Art I: Local Government Budgets
Sec314. Form and Content. —
(a) Local government budgets shall primarily
consists of two (2) parts:
(1) The estimates of income; and
(2) The total appropriations covering the current
operating expenditures and capital outlays.
(b) The budget document shall contain:
(1) A budget message of the local chief
executive setting forth in brief the
significance of the executive budget,
particularly in relation to the approved local
development plan;
(2) A brief summary of the functions, projects,
and activities to be accomplished in pursuit of
the goals and objectives of the local
government unit for the ensuing fiscal year,
specifically the delivery of basic services or
facilities enumerated under Section 17 of this
Code;
(3) Summary of financial statements setting
forth:
(i) The actual income and expenditures
during the immediately preceding year;
(ii) The actual income and expenditures
of the first two (2) quarters and the estimates
of income and expenditures for the last two
(2) quarters of the current fiscal year;
(iii) The estimates of income for the
ensuing fiscal year from ordinances and laws
existing at the time the proposed budget is
transmitted, together with other proposals;
(iv) The estimated expenditures
necessary to carry out the functions, projects,
and activities of the local government unit for
the ensuing fiscal year;
(v) All essential facts regarding the
bonded and other long-term obligations and
indebtedness of the local government unit, if
any;
(vi) Summary statement of all statutory
and contractual obligations due; and
(vii) Such other financial statements and
data as are deemed necessary or desirable
in order to disclose in all practicable detail
the financial condition of the local
government unit.
Sec315. Submission of Detailed Statements of
Income and Expenditures. — (a) On or before the
fifteenth (15th) day of July of each year, local
treasurers shall submit to their respective local
chief executives a certified statement, covering the
income and expenditures of the preceding fiscal
year, the actual income and expenditures of the
 first two (2) quarters of the current year, and the
estimated income and expenditures for the last two
(2) quarters of the current year.
Sec316. Local Finance Committee. — There is
hereby created in every province, city or
municipality a local finance committee to be
composed of the local planning and development
officer, the local budget officer, and the local
treasurer. It shall exercise the following functions:
(a) Determine the income reasonably projected
as collectible for the ensuing fiscal year;
(b) Recommend the appropriate tax and other
revenue measures or borrowings which may be
appropriate to support the budget;
(c) Recommend to the local chief executive
concerned the level of the annual expenditures and
the ceilings of spending for economic, social, and
general services based on the approved local
development plans;
(d) Recommend to the local chief executive
concerned the proper allocation of expenditures for
each development activity between current
operating expenditures and capital outlays;
(e) Recommend to the local chief executive
concerned the amount to be allocated for capital
outlay under each development activity or
infrastructure project;
(f) Assist the sangguniang panlalawigan in the
review and evaluation of budget of component
cities and municipalities in the case of provincial
finance committee, the barangay budgets in the
case of city or municipal finance committee, and
recommend the appropriate action thereon;
(g) Assist the sanggunian concerned in the
analysis and review of annual regular and
supplemental budgets of the respective local
government unit to determine compliance with
statutory and administrative requirements; and
(h) Conduct semi-annual review and general
examination of cost and accomplishments against
performance standards applied in undertaking
development projects.
A copy of this report shall be furnished the local
chief executive and the sanggunian concerned, and
shall be posted in conspicuous and publicly
accessible places in the provinces, cities,
municipalities and barangays.
Sec317. Submission of Budget Proposals by
Heads or Departments or Offices. —
(a) Each head of department or office shall
submit a budget proposal for his department or
office to the local chief executive on or before the
fifteenth (15th) of July of each year: Provided, That
the budget proposal of each department of office
shall be categorized under either economic, social
or general services: Provided, further, That each
service shall be covered by the budget of at least
one (1) department or office of the local
government unit concerned.
The said budget proposal shall be prepared in
accordance with such policy and program
guidelines as the local chief executive concerned
may issue in conformity with the local development
plan, the budgetary ceilings prescribed by the local
finance committee, and the general requirements
prescribed in this Title.
(b) Budget proposals of departments or offices
shall be divided into two (2) primary categories,
namely: the current operating expenditures and the
capital outlays. Such budget proposals shall
contain the following information:
(1) Objectives, functions, and projects showing
the general character and relative importance
of the work to be accomplished or the
services to be rendered, and the cost thereof;
(2) Organizational charts and staffing patterns
indicating the list of plantilla positions with
their corresponding salaries, and proposals
for reclassification of positions and salary
changes, as well as the creation of new
positions with their proposed salary grade,
duly supported by proper justification;
(3) Brief description of the functions, projects
and activities for the ensuing fiscal year,
expected results for each function, project
and activity, and the nature of work to be
performed, including the objects of
expenditures for each function, project and
activity;
(4) Relation of the work and financial proposals
to approved local development plans;
(5) Estimated current operating expenditures
and capital outlays with comparative data for
the last two (2) preceding, current, and
ensuing fiscal years; and
(6) Accomplishment reports for the last two (2)
preceding and current fiscal years.
Sec318. Preparation of the Budget by the Local
Chief Executive. — Upon receipt of the
statements of income and expenditures from the
treasurer, the budget proposals of the heads of
departments and offices, and the estimates of
income and budgetary ceilings from the local
finance committee, the local chief executive shall
prepare the executive budget for the ensuing fiscal
year in accordance with the provisions of this Title.
The local chief executive shall submit the said
executive budget to the sanggunian concerned not
later than the sixteenth (16th) of October of the
current fiscal year. Failure to submit such budget
on the date prescribed herein shall subject the local
chief executive to such criminal and administrative
penalties as provided for under this Code and other
applicable laws.
Sec319. Legislative Authorization of the Budget.
— On or before the end of the current fiscal year,
the sanggunian concerned shall, through an
ordinance, the annual budget of the local
government unit for the ensuing fiscal year on the
basis of the estimates of income and expenditures
submitted by the local chief executive.
Sec320. Effectivity of Budgets. — The ordinance
enacting the annual budget shall take effect at the
beginning of the ensuing calendar year. An
ordinance enacting a supplemental budget,
however, shall take effect upon its approval or on
the date fixed therein.
The responsibility for the execution of the annual
and supplemental budgets and the accountability
therefor shall be vested primarily in the local chief
executive concerned.
Sec321. Changes in the Annual Budget. — All
budgetary proposals shall be included and
considered in the budget preparation process. After
the local chief executive concerned shall have
submitted the executive budget to the sanggunian,
no ordinance providing for a supplemental budget
shall be enacted, except when supported by funds
actually available as certified by the local treasurer
or by new revenue sources.
A supplemental budget may also be enacted in
times of public calamity by way of budgetary
realignment to set aside appropriations for the
purchase of supplies and materials or the payment
of services which are exceptionally urgent or
absolutely indispensable to prevent imminent
danger to, or loss of, life or property, in the
jurisdiction of the local government unit or in other
areas declared by the President in a state of
calamity. Such ordinance shall clearly indicate the
sources of funds available for appropriations, as
certified under oath by the local treasurer and local
accountant and attested by the local chief
executive, and the various items of appropriations
affected and the reasons for the change.
Sec322. Reversion of Unexpended Balances of
Appropriations, Continuing Appropriations. —
Unexpended balances of appropriations authorized
in the annual appropriations ordinance shall revert
to the unappropriated surplus of the general fund at
the end of the fiscal year and shall not thereafter be
available for the expenditure except by subsequent
enactment. However, appropriations for capital
outlays shall continue and remain valid until fully
spent, reverted or the project is completed.
Reversions of continuing appropriations shall not
be allowed unless obligations therefor have been
fully paid or otherwise settled.
The balances of continuing appropriations shall be
reviewed as part of the annual budget preparation
and the sanggunian concerned may approve, upon
recommendation of the local chief executive, the
reversion of funds no longer needed in connection
with the activities funded by said continuing
appropriations subject to the provisions of this
Section.
Sec323. Failure to Enact the Annual
Appropriations. — In case the sanggunian
concerned fails to pass the ordinance authorizing
the annual appropriations at the beginning of the
ensuing fiscal year, it shall continue to hold
sessions, without additional remuneration for its
members, until such ordinance is approved, and no
other business may be taken up during such
sessions. If the sanggunian still fails to enact such
ordinance after ninety (90) days from the beginning
of the fiscal year, the ordinance authorizing the
appropriations of the preceding year shall be
deemed reenacted and shall remain in force and
effect until the ordinance authorizing the proposed
appropriations is passed by the sanggunian
concerned. However, only the annual
appropriations for salaries and wages of existing
positions, statutory and contractual obligations, and
essential operating expenses authorized in the
annual and supplemental budgets for the preceding
year shall be deemed reenacted and disbursement
of funds shall be in accordance therewith.
In the implementation of such reenacted ordinance,
the local treasurer concerned shall exclude from
the estimates of income for the preceding fiscal
year those realized from nonrecurring sources, like
national aids, proceeds from loans, sale of assets,
prior year adjustments, and other analogous
sources of income. No ordinance authorizing
supplemental appropriations shall be passed in
place of the annual appropriations.
In case the revised income estimates be less than
the aggregate reenacted appropriations, the local
treasurer concerned shall accordingly advise the
sanggunian concerned which shall, within ten (10)
days from the receipt of such advice, make the
necessary adjustments or reductions. The revised
appropriations authorized by the sanggunian
concerned shall then be the basis for
disbursements.
Sec324. Budgetary Requirements. — The budgets
of local government units for any fiscal year shall
comply with the following requirements:
(a) The aggregate amount appropriated shall not
exceed the estimates of income;
(b) Full provision shall be made for all statutory
and contractual obligations of the local government
unit concerned: Provided, however, That the
amount of appropriations for debt servicing shall
not exceed twenty percent (20%) of the regular
income of the local government unit concerned;
(c) In the case of provinces, cities, and
municipalities, aid to component barangays shall
 be provided in amounts of not less than One
thousand pesos (P1,000.00) per barangay; and
(d) Five percent (5%) of the estimated revenue
from regular sources shall be set aside as an
annual lump sum appropriation for unforeseen
expenditures arising from the occurrence of
calamities: Provided, however, That such
appropriation shall be used only in the area, or a
portion thereof, of the local government unit or
other areas declared by the President in a state of
calamity.
Sec325. General Limitations. — The use of the
provincial, city, and municipal funds shall be subject
to the following limitations:
(a) The total appropriations, whether annual or
supplemental, for personal services of a local
government unit for one (1) fiscal year shall not
exceed forty-five percent (45%) in the case of first
to third class provinces, cities and municipalities,
and fifty-five percent (55%) in the case of fourth
class or lower, of the total annual income from
regular sources realized in the next preceding fiscal
year. The appropriations for salaries, wages,
representation and transportation allowances of
officials and employees of the public utilities and
economic enterprises owned, operated, and
maintained by the local government unit concerned
shall not be included in the annual budget or in the
computation of the maximum amount for personal
services. The appropriations for the personal
services of such economic enterprises shall be
charged to their respective budgets;
(b) No official or employee shall be entitled to a
salary rate higher than the maximum fixed for his
position or other positions of equivalent rank by
applicable laws or rules and regulations issued
thereunder;
(c) No local fund shall be appropriated to
increase or adjust salaries or wages of officials and
employees of the national government, except as
may be expressly authorized by law;
(d) In cases of abolition of positions and the
creation of new ones resulting from the abolition of
existing positions in the career service, such
abolition or creation shall be made in accordance
with pertinent provisions of this code and the civil
service law, rules and regulations;
(e) Positions in the official plantilla for career
positions which are occupied by incumbents
holding permanent appointments shall be covered
by adequate appropriations;
(f) No changes in designation or nomenclature
of positions resulting in a promotion or demotion in
rank or increase or decrease in compensation shall
be allowed, except when the position is actually
vacant, and the filling of such positions shall be
strictly made in accordance with the civil service
law, rules and regulations;
(g) The creation of new positions and salary
increases or adjustments shall in no case be made
retroactive; and
(h) The annual appropriations for discretionary
purposes of the local chief executive shall not
exceed two percent (2%) of the actual receipts
derived from basic real property tax in the next
preceding calendar year. Discretionary funds shall
be disbursed only for public purposes to be
supported by appropriate vouchers and subject to
such guidelines as may be prescribed by law. No
amount shall be appropriated for the same purpose
except as authorized under this Section.
Sec326. Review of Appropriation Ordinances of
Provinces, Highly-Urbanized Cities,
Independent Component Cities, and
Municipalities within the Metropolitan Manila
Area. — The Department of Budget and
Management shall review ordinances authorizing
the annual or supplemental appropriations of
provinces, highly-urbanized cities, independent
component cities, and municipalities within the
Metropolitan Manila Area in accordance with the
immediately succeeding Section.
Sec327. Review of Appropriation Ordinances of
Component Cities and Municipalities. — The
sangguniang panlalawigan shall review the
ordinance authorizing annual or supplemental
appropriations of component cities and
municipalities in the same manner and within the
same period prescribed for the review of other
ordinances.
If within ninety (90) days from receipt of copies of
such ordinance, the sangguniang panlalawigan
takes no action thereon, the same shall be deemed
to have been reviewed in accordance with law and
shall continue to be in full force and effect. If within
the same period, the sangguniang panlalawigan
shall have ascertained that the ordinance
authorizing annual or supplemental appropriations
has not complied with the requirements set forth in
this Title, the sangguniang panlalawigan shall,
within the ninety-day period hereinabove
prescribed declare such ordinance inoperative in its
entirety or in part. Items of appropriation contrary to
limitations prescribed in this Title or in excess of the
amounts prescribed herein shall be disallowed or
reduced accordingly.
The sangguniang panlalawigan shall within the
same period advise the sangguniang panlungsod
or sangguniang bayan concerned through the local
chief executive of any action on the ordinance
under review. Upon receipt of such advice, the city
or municipal treasurer concerned shall not make
further disbursements of funds from any of the
items of appropriation declared inoperative,
disallowed or reduced.
Sec328. Duration of Appropriation. —
Appropriations for ordinary administrative purposes
not duly obligated shall terminate with the fiscal
year and all unexpended balances thereof shall be
automatically reverted on the thirty-first (31st) day
of December of each year to the general fund of
the local government unit.
ARTICLE II: Barangay Budgets
Sec329. Barangay Funds. — Unless otherwise
provided in this Title, all the income of the barangay
from whatever source shall accrue to its general
fund and shall, at the option of the barangay
concerned, be kept as trust fund in the custody of
the city or municipal treasurer or be deposited in a
bank, preferably government-owned, situated in or
nearest to its area of jurisdiction. Such funds shall
be disbursed in accordance with the provisions of
this Title. Ten percent (10%) of the general fund of
the barangay shall be set aside for the
sangguniang kabataan.
Sec330. Submission of Detailed Statements of
Income and Expenditures for the Barangay
Budgets. — On or before the fifteenth (15th) day of
September of each year, the barangay treasurer
shall submit to the punong barangay a statement
covering the estimates of income and expenditures
for the ensuing fiscal year, based on a certified
statement issued by the city or municipal treasurer
covering the estimates of income from local
sources for the barangay concerned.
Sec331. Preparation of the Barangay Budget. —
(a) Upon receipt of the statement of income and
expenditures from the barangay treasurer, the
punong barangay shall prepare the barangay
budget for the ensuing fiscal year in the manner
and within the period prescribed in this Title and
submit the annual barangay budget to the
sangguniang barangay for legislative enactment.
(b) The total annual appropriations for personal
services of a barangay for one (1) fiscal year shall
not exceed fifty-five percent (55%) of the total
annual income actually realized from local sources
during the next preceding fiscal year.
(c) The barangay budget shall likewise be
subject to the same budgetary requirements and
limitations hereinabove prescribed.
Sec332. Effectivity of Barangay Budgets. — The
ordinance enacting the annual budget shall take
effect at the beginning of the ensuing calendar
year. An ordinance enacting a supplemental
budget, however, shall take effect upon its approval
or on the date fixed therein.
The responsibility for the execution of the annual
and supplemental budgets and the accountability
therefor shall be vested primarily in the punong
barangay concerned.
Sec333. Review of the Barangay Budget. —
(a) Within ten (10) days from its approval, copies
of the barangay ordinance authorizing the annual
appropriations shall be furnished the sangguniang
panlungsod or the sangguniang bayan, as the case
may be, through the city or municipal budget
officer. The sanggunian concerned shall have the
power to review such ordinance in order to ensure
that the provisions of this Title are complied with. If
within sixty (60) days after the receipt of the
ordinance, the sanggunian concerned takes no
action thereon, the same shall continue to be in full
force and effect. If within the same period, the
sanggunian concerned shall have ascertained that
the ordinance contains appropriations in excess of
the estimates of the income duly certified as
collectible, or that the same has not complied with
the budgetary requirements set forth in this Title,
the said ordinance shall be declared inoperative in
its entirety or in part. Items of appropriation
contrary to, or in excess of, any of the general
limitations or the maximum amount prescribed in
this Title shall be disallowed or reduced
accordingly.
(b) Within the period hereinabove fixed, the
sangguniang panlungsod or sangguniang bayan
concerned shall return the barangay ordinance,
through the city or municipal budget officer, to the
punong barangay with the advice of action thereon
for proper adjustments, in which event, the
barangay shall operate on the ordinance
authorizing annual appropriations of the preceding
fiscal year until such time that the new ordinance
authorizing annual appropriations shall have met
the objections raised. Upon receipt of such advice,
the barangay treasurer or the city or municipal
treasurer who has custody of the funds shall not
make further disbursement from any item of
appropriation declared inoperative, disallowed, or
reduced.
Sec334. Barangay Financial Procedures. —
(a) The barangay treasurer shall collect all taxes,
fees, and other charges due and contributions
accruing to the barangay for which he shall issue
official receipts, and shall deposit all collections
with the city or municipal treasury or in the
depository account maintained in the name of the
barangay within five (5) days after receipt thereof.
He may collect real property taxes and such other
taxes as may be imposed by a province, city or
municipality that are due in his barangay only after
being deputized by the local treasurer concerned
for the purpose.
(b) The barangay treasurer may be authorized
by the sangguniang barangay to make direct
purchases amounting to not more than One
thousand pesos (P1,000.00) at any time for the
ordinary and essential needs of the barangay. The
 petty cash that the barangay treasurer may be
authorized to hold for the purpose shall not exceed
twenty percent (20%) of the funds available and to
the credit of the barangay treasury.
(c) The financial records of the barangay shall
be kept in the office of the city or municipal
accountant in simplified manner as prescribed by
the Commission on Audit. Representatives of the
Commission on Audit shall audit such accounts
annually or as often as may be necessary and
make a report of the audit to the sangguniang
panlungsod or sangguniang bayan, as the case
may be. The Commission on Audit shall prescribe
and put into effect simplified procedures for
barangay finances within six (6) months following
the effectivity of this Code.
CHAPTER IV: Expenditures, Disbursements,
Accounting and Accountability
Sec335. Prohibitions Against Expenditures for
Religious or Private Purposes. — No public
money or property shall be appropriated or applied
for religious or private purposes.
Sec336. Use of Appropriated Funds and Savings.
— Funds shall be available exclusively for the
specific purpose for which they have been
appropriated. No ordinance shall be passed
authorizing any transfer of appropriations from one
item to another. However, the local chief executive
or the presiding officer of the sanggunian
concerned may, by ordinance, be authorized to
augment any item in the approved annual budget
for their respective offices from savings in other
items within the same expense class of their
respective appropriations.
Sec337. Restriction Upon Limit of Disbursements.
— Disbursements in accordance with
appropriations in the approved annual budget may
be made from any local fund in the custody of the
treasurer, but the total disbursements from any
local fund shall in no case exceed fifty percent
(50%) of the uncollected estimated revenue
accruing to such local fund in addition to the actual
collections: Provided, however, That no cash
overdraft in any local fund shall be incurred at the
end of the fiscal year.
In case of emergency arising from a typhoon,
earthquake, or any other calamity, the sanggunian
concerned may authorize the local treasurer to
continue making disbursements from any local fund
in his possession in excess of the limitations herein
provided, but only for such purposes and amounts
included in the approved annual budgets.
Any overdraft which may be incurred at the end of
the year in any local fund by virtue of the provisions
hereof shall be covered with the first collections of
the immediately succeeding fiscal year accruing to
such local fund.
Sec338. Prohibitions Against Advance Payments.
— No money shall be paid on account of any
contract under which no services have been
rendered or goods delivered.
Sec339. Cash Advances. — No cash advance shall
be granted to any local official or employee,
elective or appointive, unless made in accordance
with the rules and regulations as the Commission
on Audit may prescribe.
Sec340. Persons Accountable for Local
Government Funds. — Any officer of the local
government unit whose duty permits or requires the
possession or custody of local government funds
shall be accountable and responsible for the
safekeeping thereof in conformity with the
provisions of this Title. Other local officers who,
though not accountable by the nature of their
duties, may likewise be similarly held accountable
and responsible for local government funds through
their participation in the use or application thereof.
Sec341. Prohibitions Against Pecuniary Interest.
— Without prejudice to criminal prosecution under
applicable laws, any local treasurer, accountant,
budget officer, or other accountable local officer
having any pecuniary interest, direct or indirect, in
any contract, work or other business of the local
government unit of which he is an accountable
officer shall be administratively liable therefor.
Sec342. Liability for Acts Done Upon Direction of
Superior Officer, or Upon Participation of Other
Department Heads or Officers of Equivalent
Rank. — Unless he registers his objection in
writing, the local treasurer, accountant, budget
officer, or other accountable officer shall not be
relieved of liability for illegal or improper use or
application or deposit of government funds or
property by reason of his having acted upon the
direction of a superior officer, elective or appointive,
or upon participation of other department heads or
officers of equivalent rank. The superior officer
directing, or the department head participating in
such illegal or improper use or application or
deposit of government funds or property, shall be
jointly and severally liable with the local treasurer,
accountant, budget officer, or other accountable
officer for the sum or property so illegally or
improperly used, applied or deposited.
Sec343. Prohibition Against Expenses for
Reception and Entertainment. — No money shall
be appropriated, used, or paid for entertainment or
reception except to the extent of the representation
allowances authorized by law or for the reception of
visiting dignitaries of foreign governments or
 foreign missions, or when expressly authorized by
the President in specific cases.
Sec344. Certification, and Approval of, Vouchers.
— No money shall be disbursed unless the local
budget officer certifies to the existence of
appropriation that has been legally made for the
purpose, the local accountant has obligated said
appropriation, and the local treasurer certifies to the
availability of funds for the purpose. Vouchers and
payrolls shall be certified to and approved by the
head of the department or office who has
administrative control of the fund concerned, as to
validity, propriety, and legality of the claim involved.
Except in cases of disbursements involving
regularly recurring administrative expenses such as
payrolls for regular or permanent employees,
expenses for light, water, telephone and telegraph
services, remittances to government creditor
agencies such as GSIS, SSS, LDP, DBP, National
Printing Office, Procurement Service of the DBM
and others, approval of the disbursement voucher
by the local chief executive himself shall be
required whenever local funds are disbursed.
In cases of special or trust funds, disbursements
shall be approved by the administrator of the fund.
In case of temporary absence or incapacity of the
department head or chief of office, the officer next-
in-rank shall automatically perform his function and
he shall be fully responsible therefor.
Sec345. Officials Authorized to Draw Checks in
Settlement of Obligations. — Checks in
obligations shall be drawn by the local treasurer
and countersigned by the local administrator.
In case of temporary absence or incapacity of the
foregoing officials, these duties shall devolve upon
their immediate assistants.
Sec346. Disbursements of Local Funds and
Statement of Accounts. — Disbursements shall
be made in accordance with the ordinance
authorizing the annual or supplemental
appropriations without the prior approval of the
sanggunian concerned. Within thirty (30) days after
the close of each month, the local accountant shall
furnish the sanggunian with such financial
statements as may be prescribed by the
Commission on Audit. In the case of the year-end
statement of accounts, the period shall be sixty (60)
days after the thirty-first (31st) of December.
Sec347. Rendition of Accounts. — Local
treasurers, accountants and other local
accountable officers shall render their accounts
within such time, in such form, style, and content
and under such regulations as the Commission on
Audit may prescribe.
Provincial, city, and municipal auditors shall certify
the balances arising in the accounts settled by
them to the Chairman of the Commission on Audit
and to the local treasurer, accountant, and other
accountable officers. Copies of the certification
shall be prepared and furnished other local officers
who may be held jointly and severally liable for any
loss or illegal, improper or unauthorized use or
misappropriation of local funds or property.
Sec348. Auditorial Visitation. — The books,
accounts, papers, and cash of local treasurer,
accountant, budget officer, or other accountable
officers shall at all times be open for inspection of
the Commission on Audit or its duly authorized
representative.
In case an examination of the accounts of a local
treasurer discloses a shortage in cash which
should be on hand, it shall be the duty of the
examining officer to seize the office and its
contents, notify the Commission on Audit, the local
chief executive concerned, and the local
accountant. Thereupon, the examining officer shall
immediately turn over to the accountable officer
next-in-rank in the local treasury service, unless the
said officer is likewise under investigation, the office
of the treasurer and its contents, and close and
render his accounts on the date of turnover. In case
the accountable officer next in rank is under
investigation, the auditor shall take full possession
of the office and its contents, close and render his
accounts on the date of taking possession, and
temporarily continue the public business of such
office until such time that the local treasurer is
restored or a successor has been duly designated.
The local treasurer or accountable officer found
with such shortage shall be automatically
suspended from office.
Sec349. Accounting for Revenues. — Estimated
revenues which remain unrealized at the close of
the fiscal year shall not be booked or credited to
the unappropriated surplus or any other account.
Sec350. Accounting for Obligations. — All lawful
expenditures and obligations incurred during a
fiscal year shall be taken up in the accounts of that
year.
Sec351. General Liability for Unlawful
Expenditures. — Expenditures of funds or use of
property in violation of this Title and other laws shall
be a personal liability of the official or employee
responsible therefor.
Sec352. Posting of the Summary of Income and
Expenditures. — Local treasurers, accountants,
budget officers, and other accountable officers
shall, within thirty (30) days from the end of the
fiscal year, post in at least three (3) publicly
accessible and conspicuous places in the local
government unit a summary of all revenues
 collected and funds received including the
appropriations and disbursements of such funds
during the preceding fiscal year.
Sec353. The Official Fiscal Year. — The official
fiscal year of local government units shall be the
period beginning with the first day of January and
ending with the thirty-first day of December of the
same year.
Sec354. Administrative Issuances; Budget
Operations Manual. — The Secretary of Budget
and Management jointly with the Chairman of the
Commission on Audit shall, within one (1) year from
the effectivity of this Code, promulgate a Budget
Operations Manual for local government units to
improve and systematize methods, techniques, and
procedures employed in budget preparation,
authorization, execution, and accountability.
Malonzo v. Zamora (1999)
The Sangguniang Panlungsod passed Ordinance
246 which increased the appropriated amount to be
used for the expropriation of the Maysilo Estate. The
city govt. failed to conclude a voluntary sale. A suit
for eminent domain was filed against CLT.
Caloocan Legal Officer informed Mayor through a
letter-memorandum of a pending interpleader case
involving the land. He recommended that pending
the final determination and resolution of the same,
the expropriation of the land be cancelled and/or
abandoned.
Vice Mayor wrote Mayor requesting the immediate
repair and renovation of the offices of the incoming
councilors and the hiring of add’l personnel
Mayor endorsed letter to the City Treasurer who
manifested through a memorandum that since the
expropriation of the land is discontinued, the
appropriation for expropriation of 50 M can be
reverted for use in a supplemental budget.
Mayor endorsed Supplemental Budget to
Sanggunian which then passed Ordinance 254. An
admin complaint was filed against city officials before
OP.
Held: The petitioners are not guilty of misconduct
due to the alleged irregularity of Ordinance 254.
OP’s reliance on SEC 322 LGC is misplaced as the
CAB is not a question of WON the appropriations fall
under the def. of capital outlay or continuing
appropriations. Issue is WON pets. are liable in
regard to the ordinance which realigned part of the 50
M which was denominated in a general manner as
“Expropriation Properties” and classified as “Current
Operating Expenditures” in the 1998 Annual Budget
of Caloocan. Clearly these two amounts are distinct.
5O M was appropriated NOT for the purpose of
purchasing lot 26 but for expenses incidental to
expropriation. Amount appropriated under Ord 246
still subsists and is not lumped with other funds to
arrive at the 50 M allocated in the 1998 budget.
The 50M can be realigned. Realignments are not
allowed only if cont. appropriations or capital outlays
are involved. The 50 M was classified as a current
operating expenditure by the local council. It cannot
be said then that Ord.0254 was enacted without
funds actually available.
RA 8185 (1996) - An Act Amending Section 324 (D)
Of LGC
Sec1. Section 324(d) of Republic Act No. 7160 is
hereby amended to read as follows:
"(d) Five percent (5%) of the estimated revenue
from regular sources shall be set aside as annual
lump sum appropriations for relief, rehabilitation,
reconstruction and other works or services in
connection with calamities which may occur during
the budget year. Provided, however, That such
fund shall be used only in the area, or a portion
thereof, of the local government unit or other areas
affected by a disaster or calamity, as determined
and declared by the local sanggunian concerned.
"Calamity shall be defined as a state of extreme
distress or misfortune, produced by some adverse
circumstance or event or any great misfortune or
cause or loss or misery caused by natural forces.
"In case of fire or conflagration, the calamity fund
shall be utilized only for relief operations.
"The local development council shall more monitor
the use and disbursement of the calamity fund."
Property and Supply Management in the Local
Government Units
Sec355. Scope. — This Title shall govern the
procurement, care, utilization, custody, and
disposal of supplies, as defined herein, by local
government units and the other aspects of supply
management at the local levels.
Sec356. General Rule in Procurement or
Disposal. — Except as otherwise provided herein,
acquisition of supplies by local government units
shall be through competitive public bidding.
Supplies which have become unserviceable or no
longer needed shall be sold, whenever applicable,
 at public auction, subject to applicable rules and
regulations.
Sec357. Definition of Terms. — When used in this
Title, the term —
(a) "Lowest Complying and Responsible Bid"
refers to the proposal of one who offers the lowest
price, meets all the technical specifications and
requirements of the supplies desired and, as a
dealer in the line of supplies involved, maintains a
regular establishment, and has complied
consistently with previous commitments;
(b) "Suitable Substitute" refers to that kind of
article which would serve substantially the same
purpose or produce substantially the same results
as the brand, type, or make of article originally
desired or requisitioned;
(c) "Supplies" includes everything, except real
property, which may be needed in the transaction
of public business or in the pursuit of any
undertaking, project, or activity, whether in the
nature of equipment, furniture, stationary materials
for construction or personal property of any sort,
including non-personal or contractual services such
as the repair and maintenance of equipment and
furniture, as well as trucking, hauling, janitorial,
security, and related services; and
(d) "Terms and Conditions" refer to other
requirements not affecting the technical
specifications and requirements of the required
supplies desired such as bonding, terms of delivery
and payment, and related preferences.
Sec358. Requirement of Requisition. — Any order
for supplies shall be filled by the provincial or city
general services officer or the municipal or
barangay treasurer concerned, as the case may
be, for any office or department of a local
government unit only upon written requisition as
hereinafter provided.
Sec359. Officers Having Authority to Draw
Requisitions. — Requisitions shall be prepared by
the head of office or department needing the
supplies, who shall certify as to their necessity for
official use and specify the project or activity where
the supplies are to be used.
Sec360. Certification by the Local Budget Officer,
Accountant, and Treasurer. — Every requisition
must be accompanied by a certificate signed by the
local budget officer, the local accountant, and the
local treasurer showing that an appropriation
therefor exists, the estimated amount of such
expenditure has been obligated, and the funds are
available for the purpose, respectively.
Sec361. Approval of Requisitions. — Approval of
the requisition by the head of office or department
concerned who has administrative control of the
appropriation against which the proposed
expenditure is chargeable is deemed sufficient,
except in case of requisition r supplies to be carried
in stock which shall be approved by the local chief
executive concerned: Provided, That such supplies
are listed or included in the annual procurement
plan and the maximum quantity thereof does not
exceed the estimated consumption corresponding
to a programmed three-month period: Provided,
further, That nothing herein contained shall be held
as authorizing the purchase of furniture and
equipment for stock purposes.
Sec362. Call for Bids. — When procurement is to be
made by local government units, the provincial or
city general services officer or the municipal or
barangay treasurer shall call bids for open public
competition. The call for bids shall show the
complete specifications and technical descriptions
of the required supplies and shall embody all terms
and conditions of participation and award, terms of
delivery and payment, and all other covenants
affecting the transaction. In all calls for bids, the
right to waive any defect in the tender as well as
the right to accept the bid most advantageous to
the government shall be reserved. In no case,
however, shall failure to meet the specifications or
technical requirements of the supplies desired be
awarded.
Sec363. Publication of Call for Bids. — The call for
bids shall be given the widest publicity possible,
sending, by mail or otherwise, any known
prospective participant in the locality, of copies of
the call and by posting copies of the same in at
least three (3) publicly accessible and conspicuous
places in the provincial capitol or city, municipal, or
barangay hall, as the case may be.
The notice of the bidding may likewise be published
in a newspaper of general circulation in the
territorial jurisdiction of the local government unit
concerned when the provincial or city general
services officer or the municipal or barangay
treasurer, as the case may be, deems it necessary
in order to obtain the lowest responsible and
complying bid.
The opening of bids shall only be made in the
presence of the provincial or city auditor or his duly
authorized representative who shall initial and
secure copies of the bids and certify the abstract of
the bidding.
Sec364. The Committee on Awards. —
There shall be in every province, city or
municipality a committee on awards to decide the
winning bids and questions of awards on
procurement and disposal of property.
The Committee on Awards shall be composed of
the local chief executive as chairman, the local
treasurer, the local accountant, the local budget
 officer, the local general services officer, and the
head of office or department for whose use the
supplies are being procured, as members. In case
a head of office or department would sit in a dual
capacity, a member of the sanggunian elected from
among its members shall sit as a member. The
committee on awards at the barangay level shall be
the sangguniang barangay. No national official shall
sit as a member of the committee on awards.
The results of the bidding shall be made public by
conspicuously posting the same in the provincial
capitol or city, municipal, or barangay hall.
Sec365. Rule on Awards. — Awards in the
procurement of supplies shall be given to the
lowest complying and responsible bid which meets
all the terms and conditions of the contract or
undertaking.
Sec366. Procurement Without Public
Bidding. — Procurement of supplies may be made
without the benefit of public bidding under any of
the following modes:
(a) Personal canvass of responsible merchants;
(b) Emergency purchase;
(c) Negotiated purchase;
(d) Direct purchase from manufacturers or
exclusive distributors; and
(e) Purchase from other government entities.
Sec367. Procurement through Personal
Canvass. — Upon approval by the Committee on
Awards, procurement of supplies may be effected
after personal canvass of at least three (3)
responsible suppliers in the locality by a committee
of three (3) composed of the local services officer
or the municipal or barangay treasurer, as the case
may be, the local accountant, and the head of
office or department for whose use the supplies are
being procured. The award shall be decided by the
Committee on Awards.
Purchases under this Section shall not exceed the
amounts specified hereunder for all items in any
one (1) month for each local government unit:
Provinces and Cities and Municipalities within the
Metropolitan Manila Area:
First and Second Class — One hundred fifty
thousand pesos
(P150,000.00)
Third and Fourth Class — One hundred
thousand pesos
(P100,000.00)
Fifth and Sixth Class — Fifty thousand pesos
(P50,000.00)
Municipalities:
First Class — Sixty thousand pesos (P60,000.00)
Second and Third Class — Forty thousand
pesos (P40,000.00)
Fourth Class and Below — Twenty thousand
pesos (P20,000.00)
Sec368. Emergency Purchase. — In cases of
emergency where the need for the supplies is
exceptionally urgent or absolutely indispensable
and only to prevent imminent danger to, or loss of,
life or property, local government units may,
through the local chief executive concerned, make
emergency purchases or place repair orders,
regardless of amount, without public bidding.
Delivery of purchase orders or utilization of repair
orders pursuant to this Section shall be made
within ten (10) days after placement of the same.
Immediately after the emergency purchase or
repair order is made, the chief of office or
department making the emergency purchase or
repair order shall draw a regular requisition to cover
the same which shall contain the following:
(a) A complete description of the supplies
acquired or the work done or to be performed;
(b) By whom furnished or executed;
(c) Date of placing the order and the date and
time of delivery or execution;
(d) The unit price and the total contract price;
(e) A brief and concise explanation of the
circumstances why procurement was of such
urgency that the same could not be done through
the regular course without involving danger to, or
loss of, life or property;
(f) A certification of the provincial or city general
services or the municipal or barangay treasurer, as
the case may be, to the effect that the price paid or
contracted for was the lowest at the time of
procurement; and
(g) A certification of the local budget officer as to
the existence of appropriations for the purpose, the
local accountant as to the obligation of the amount
involved, and the local treasurer as to the
availability of funds. The goods or services
procured under this Section must be utilized or
availed of within fifteen (15) days from the date of
delivery or availability.
Without prejudice to criminal prosecution under
applicable laws, the local chief executive, the head
of department, or the chief of office making the
procurement shall be administratively liable for any
violation of this Section and shall be a ground for
suspension or dismissal from service.
Sec369. Negotiated Purchase. —
(a) In cases where public biddings have failed
for two (2) consecutive times and no suppliers have
qualified to participate or win in the biddings, local
government units may, through the local chief
executive concerned, undertake the procurement of
supplies by negotiated purchase, regardless of
amount, without public bidding: Provided, however,
That the contract covering the negotiated purchase
shall be approved by the sanggunian concerned.
Delivery of purchase orders or utilization of repair
orders pursuant to this Section shall be made
 within seven (7) days after placement of the same.
Immediately after the negotiated purchase or repair
order is made, the local chief executive concerned
shall draw a regular requisition to cover the same
which shall contain the following:
(1) A complete description of the supplies
acquired or the work done or to be
performed;
(2) By whom furnished or executed;
(3) Date of placing the order and the date and
time of delivery or execution;
(4) The unit price and the total contract price;
(5) A certification of the provincial or city general
services of the municipal or barangay
treasurer, as the case may be, to the effect
that the price paid or contracted for was the
lowest at the time of procurement;
(6) A certification to the effect that the price paid
or contracted for was the lowest at the time
of procurement; and
(7) A certification of the local budget officer as to
the existence of appropriations for the
purpose, the local accountant as to the
obligation of the amount involved, and the
local treasurer as to the availability of funds.
(b) In case of repeat orders for regular supplies,
procurement may be made by negotiated
purchase: Provided, That the repeat order is made
within three (3) months from the last procurement
of the same item: Provided, further, That the same
terms and conditions of sale are obtained for the
said repeat order.
Sec370. Procurement from Duly Licensed
Manufacturer. — Procurement may be made
directly from duly licensed manufacturers in cases
of supplies of Philippine manufacture or origin and
in case there are two (2) or more manufacturers
shall be conducted to obtain the lowest price for the
quality of the said supplies.
Sec371. Procurement from Exclusive Philippine
Agents or Distributors. — Procurement may, in
the case of supplies of foreign origin, preferably be
made directly from the exclusive or reputable
Philippine distributors or agents, subject to the
following conditions:
(a) That the Philippine distributor has no
subdealers selling at lower prices; and
(b) That no suitable substitutes or substantially
the same quality are available at lower prices.
Sec372. Procurement from Government Entities.
— Procurement may be made directly from the
government entities producing the required
supplies, including units or agencies of foreign
governments with which the Philippines maintains
diplomatic relations. In the latter case, prior
authority from the Office of the President shall be
required.
Sec373. Annual Procurement Program. —
(a) On or before the fifteenth (15th) day of July
each year, the local chief executive shall prepare
an annual procurement program for the ensuing
fiscal year which shall contain an itemized list of the
estimated quantity of supplies needed for such
year, a complete description thereof as to kind,
quality, estimated cost, and balance on hand:
Provided, however, That the total estimated cost of
the approved annual procurement program shall
not exceed the total appropriations authorized for
the acquisition of supplies. The local government
units may augment the supplies and equipment
provided by the Supreme Court to the lower courts
located in their respective jurisdictions.
(b) Except in emergency cases or where urgent
indispensable needs could not have been
reasonably anticipated, no purchase of supplies
shall be made unless included in. or covered by,
the approved procurement program.
(c) The conversion of excess cash into supplies
stock is hereby prohibited except to the extent of
the kind and quantity specified in the approved
annual procurement plan. A violation of this Section
shall be a ground for suspension or dismissal of
any political or employee responsible therefor.
Sec374. Establishment of an Archival System. —
Every local government unit shall provide for the
establishment of archival system to ensure the
safety and protection of all government property,
public documents or records such as records of
births, marriages, property inventory, land
assessments, land ownership, tax payments, tax
accounts, and business permits, and such other
records or documents of public interest in the
various departments and offices of the provincial,
city, or municipal government concerned.
Sec375. Primary and Secondary Accountability
for Government Property. —
(a) Each head of department or office of a
province, city, municipality or barangay shall be
primarily accountable for all government property
assigned or issued to his department or office. The
person or persons entrusted with the possession or
custody of government property under the
accountability of any head of department or office
shall be immediately accountable to such officer.
(b) The head of a department or office primarily
accountable for government property may require
any person in possession of the property or having
custody and control thereof under him to keep such
records and make reports as may be necessary for
his own information and protection.
(c) Buildings and other physical structures shall
be under the accountability and responsibility of the
provincial or city general services officer or the
municipal mayor or punong barangay, as the case
 may be. (d) Every officer primarily accountable for
government property shall keep a complete record
of all properties under his charge and render his
accounts therefor semiannually to the provincial or
city general services officer or the municipal mayor
or punong barangay, as the case may be.
Sec376. Responsibility for Proper Use and Care
of Government Property. — The person in actual
physical possession of government property or
entrusted with its custody and control shall be
responsible for its proper use and care and shall
exercise due diligence in the utilization and
safekeeping thereof.
Sec377. Measure of Liability of Persons
Accountable for Government Property. —
(a) The person immediately accountable for
government property shall be liable for its money
value in case of the illegal, improper or
unauthorized use or misapplication thereof, by
himself or any other person for whose acts he may
be responsible, and he shall be liable for all loss,
damage, or deterioration occasioned by negligence
in the keeping or use of property unless it is proved
that he has exercised due diligence and care in the
utilization and safekeeping thereof.
(b) Unless he registers his objection in writing,
an accountable person shall not be relieved from
liability by reason of his having acted under the
direction of a superior officer in using property with
which he is chargeable; but the officer directing any
illegal, unauthorized or improper use of property
shall first be required to answer therefor.
(c) In cases of loss, damage, or deterioration of
government property arising from, or attributable to,
negligence in security, the head of the security
agency shall be held liable therefor.
Sec378. Credit for Loss Occurring in Transit or
Due to Casualty. — When a loss of government
property occurs while the same is in transit or is
caused by fire, theft, force majeure, or other
casualty, the officer accountable therefor or having
custody thereof shall immediately notify the
provincial or city auditor concerned within thirty (30)
days from the date the loss occurred or for such
longer period as the provincial, city or municipal
auditor, as the case may be, may in the particular
case allow, and he shall present his application for
relief, with the available evidence in support
thereof. An officer who fails to comply with this
requirement shall not be relieved of liability or
allowed credit for any such loss in the settlement of
his accounts.
A provincial, city or municipal auditor shall not allow
credit for these losses unless so expressly
authorized by the Chairman of the Commission on
Audit, to the exercised only if the loss is not in
excess of fifty thousand pesos (P50,000.00). In any
case when the allowance of credit is not within the
competence of the provincial, city or municipal
auditor, the application and evidence, with the
recommendation of the auditor concerned, shall be
forwarded to the Chairman of the Commission on
Audit for his appropriate action.
Sec379. Property Disposal. — When property of
any local government unit has become
unserviceable for any cause or is no longer
needed, it shall upon application of the officer
accountable therefor, be inspected and appraised
by the provincial, city or municipal auditor, as the
case may be, or his duly authorized representative
or that of the Commission on Audit and, if found
valueless or unusable, shall be destroyed in the
presence of the inspecting officer.
If found valuable, the same shall be sold at public
auction to the highest bidder under the supervision
of the committee on awards and in the presence of
the provincial, city or municipal auditor or his duly
authorized representative. Notice of the public
auction shall be posted in at least three (3) publicly
accessible and conspicuous places, and if the
acquisition cost exceeds One hundred thousand
pesos (P100,000.00) in the case of provinces and
cities, and Fifty thousand pesos (P50,000.00) in the
case of municipalities, notice of auction shall be
published at least two (2) times within a reasonable
period in a newspaper of general circulation in the
locality.
Sec380. Negotiated Sale of Property. — Property
no longer needed may also be disposed of at a
private sale at such price as may be determined by
the committee on awards, subject to the approval
of the Commission on Audit or its duly authorized
representative when the acquisition or transfer cost
of the property exceeds Fifty thousand pesos
(P50,000.00) in the case of provinces and cities,
and Twenty-five thousand pesos (P25,000.00) in
the case of municipalities and barangays.
In case of real property, the disposal shall be
subject to the approval of the Commission on Audit
regardless of the value or cost involved.
Sec381. Transfer Without Cost. — Property which
has become unserviceable or is no longer needed
may be transferred without cost to another office,
agency, subdivision or instrumentality of the
national government or another local government
unit at an appraised valuation determined by the
local committee on awards. Such transfer shall be
subject to the approval of the sanggunian
concerned making the transfer and by the head of
the office, agency, subdivision, instrumentality or
local government unit receiving the property.
Sec382. Tax Exemption Privileges of Local
Government Units. — Local government units
 shall be exempt from the payment of duties and
taxes for the importation of heavy equipment or
machineries which shall be used for the
construction, improvement, repair, and
maintenance of roads, bridges and other
infrastructure projects, as well as garbage trucks,
fire trucks, and other similar equipment: Provided,
however, That such equipment or machineries shall
not be disposed of, either by public auction or
negotiated sale as hereinabove provided, within
five (5) years from the importation thereof. In case
the machinery or equipment is sold within the five-
year period, the purchasers or recipients shall be
considered the importers thereof, and shall be
liable for duties and taxes computed on the book
value of such importation.
Sec383. Implementing Rules and Regulations. —
The Chairman of the Commission on Audit shall
promulgate the rules and regulations necessary to
effectively implement the provisions of this Title,
including requirements as to testing, inspection,
and standardization of supply and property.
GSIS v. Tarlac (2003)
The Sangguniang Panlalawigan passed a resolution
that
- authorized and approved the conversion of
the athletic field into a government center,
and the
- segregation and donation of portions of said
land to different government agencies for the
purpose of constructing or relocating their
office buildings.
GSIS availed of the offer and proceeded to issue a
MOA whereby:
- Province of Tarlac donated the lot to the
GSIS
- GSIS, in return, donated 2M to the province
as financial assistance.
Held: Sec. 381 does not expressly prohibit or
declare void such transfers if an appraised valuation
from the local committee on awards is not first
acquired. There is no express provision in the law
which requires that the said valuation is a condition
sine qua non for the validity of a donation.
There being a perfected contract, it cannot be
revoked without the consent of the other party.
Masturbation: Tips for Guys (Part 5)
- Stroke only your shaft, ignoring the head,
which will swell and turn red. When it's bright
red and rock hard, stimulate it gently with your
fingers.
- Lightly and slowly run a finger up the under
side of your cock, gently pinching the sensitive
vein underneath.
- Here's a complicated move from The Society
for Human Sexuality: Take the penis in both
hands, fingers lightly touching the sides of the
shaft. In order to visualize the position, think of
yourself holding a clarinet. Now flick the penis
back and forth between your two hands by
holding on to the loose skin of the shaft.
Shuttling it back and forth in this manner may
not seem incredibly thrilling at first, but pretty
soon, as it builds up momentum, it will drive you
out of your mind. Orgasms encountered via this
method are sometimes messy, but always
memorable.
If you've mastered these techniques and would like
to try something different, consider purchasing an
erection ring, which will delay and enhance your
orgasm. You might also experiment with sex toys for
men, such as penis pumps, virtual sheaths,
masturbators and extenders. Try different kinds of
lubrication, such as oil, water or silicone-based lubes.
Start a collection of adult videos, magazines and
other "inspirational" materials. Try masturbating
with a pillow or other soft substance. Your
possibilities are really limitless.
Partner Masturbation
Once you and your partner have reached a level of
intimacy that allows both of you to feel comfortable
discussing solo sex, you might enjoy practicing
masturbation together, either on yourselves (mutual
masturbation) or on one another (also known as
genital massage). Before you begin, discuss your
upcoming experience. Find out if your partner would
prefer to masturbate in front of you, or just massage
your genitals. Always respect his or her wishes.
There's plenty of time to try different things later on
in your relationship. When you're both on the same
wavelength about what you want, jump in and get
started. Make an event of the experience: create a
sensual, appealing environment in your bedroom by
lighting candles, playing sensual music and
showering together first. Relax on the bed and try
any of the techniques described above. Don't focus
on climaxing or giving your partner an orgasm. Just
enjoy the experience and concentrate on finding the
strokes that work best for both of you.
Whatever your preferences, remember to vary your
masturbation techniques. While it's great to know
how to bring yourself to orgasm in 30 seconds or less,
you're going to have a much more enjoyable
experience if you romance yourself a little bit first.
Take the time to have fun ... don't be "goal oriented."
And do try a different stroke now and then. Just
because one stimulation works well for you, doesn't
mean something else won't feel great too! (end)
Part III: Local Government
Units
The Barangay (Sec384-439)
Barangay —basic political unit, serves as
 the primary planning and implementing unit of
government policies, plans, programs, projects, and
activities in the community,
forum wherein the collective views of the people
may be expressed, crystallized and considered, and
where disputes may be amicably settled.
Manner of Creation. — may be created, divided,
merged, abolished, or its boundary substantially
altered, by law or by an ordinance of the
sangguniang panlalawigan or panlungsod, subject to
approval by a majority of the votes cast in a plebiscite
to be conducted by the COMELEC in the local
government unit or units directly affected within such
period of time as may be determined by the law or
ordinance creating said barangay. In the case of the
creation of barangays by the sangguniang
panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.
Requisites for Creation. —
 a contiguous territory EXCEPT if it
comprises two (2) or more islands.
a population of at least 2,000 inhabitants
(5,000 in cities and municipalities within Metro Manila
and other metropolitan political subdivisions or in
highly urbanized cities
Provided, That the creation thereof shall not
reduce the population of the original barangay or
barangays to less than the minimum requirement
prescribed herein.
Barangay Officials and Offices
punong barangay,
(7) sangguniang barangay members,
sangguniang kabataan chairman,
 barangay secretary,
barangay treasurer.
lupong tagapamayapa.
Persons in Authority (For purposes of the Revised
Penal Code)
 the punong barangay
 sangguniang barangay members
 members of the lupong tagapamayapa
 other barangay officials and members who may
be designated by law or ordinance and
charged with the maintenance of public order,
protection and security of life and property, or
the maintenance of a desirable and balanced
environment
 any barangay member who comes to the aid of
persons in authority, shall be deemed agents of
persons in authority.
The Punong Barangay - Chief Executive
shall exercise such powers and perform such
duties and functions, as provided by this Code and
other laws.
 FOR efficient, effective and economical
governance, the purpose of which is the
general welfare of the barangay and its
inhabitants pursuant to Section 16 of this
Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are
applicable within the barangay;
(2) Negotiate, enter into, and sign contracts for
and in behalf of the barangay, upon
authorization of the sangguniang barangay;
(3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or
municipal mayor and the sanggunian
members in the performance of their duties
and functions;
(4) Call and preside over the sessions of the
sangguniang barangay and the barangay
assembly, and vote only to break a tie;
(5) Upon approval by a majority of all the
members of the sangguniang barangay,
appoint or replace the barangay treasurer,
the barangay secretary, and other appointive
barangay officials;
(6) Organize and lead an emergency group
whenever the same may be necessary for
the maintenance of peace and order or on
occasions of emergency or calamity within
the barangay;
 (7) In coordination with the barangay
development council, prepare the annual
executive and supplemental budgets of the
barangay;
(8) Approve vouchers relating to the
disbursement of barangay funds;
(9) Enforce laws and regulations relating to
pollution control and protection of the
environment;
(10) Administer the operation of the katarungang
pambarangay in accordance with the
provisions of this Code;
(11) Exercise general supervision over the
activities of the sangguniang kabataan;
(12) Ensure the delivery of basic services as
mandated under Section 17 of this Code;
(13) Conduct an annual palarong barangay which
shall feature traditional sports and disciplines
included in national and international games,
in coordination with the Department of
Education, Culture and Sports;
(14) Promote the general welfare of the barangay;
and
(15) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
In the performance of his peace and order
functions. the punong barangay shall be entitled to
possess and carry the necessary firearm within his
territorial jurisdiction, subject to appropriate rules
and regulations.
The Sangguniang Barangay
 the legislative body of the barangay, shall be
composed of the punong barangay as presiding
officer, and the 7 regular sangguniang barangay
members elected at large and sangguniang
kabataan chairman, as members.
As legislative body, enact ordinances as may be
necessary to discharge the responsibilities
conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants
therein; by law or ordinance.
Other Duties of Sangguniang Barangay Members
Assist the punong barangay in the discharge of
his duties and functions;
Act as peace officers in the maintenance of
public order and safety; and
Perform such other duties and functions as the
punong barangay may delegate.
Benefits of Barangay Officials. —
honoraria, allowances, and such other
emoluments as may be authorized by law or
barangay
Christmas bonus of at least One thousand pesos
(P1,000.00)
insurance coverage
free medical care including subsistence,
medicines, and medical attendance in any gov’t
hospital or institution
exempted during their incumbency from paying
tuition and matriculation fees for their legitimate
dependent children attending state colleges or
universities.
 appropriate civil service eligibility on the basis of
the number of years
 Elective barangay officials shall have preference in
appointments to any government position or GOCC’s
 members of the barangay tanod brigades, (not
more than 20)
in each barangay, shall be granted insurance or other
benefits during their incumbency
Appointive Barangay Officials:
Barangay Secretary and Barangay Treasurer
 appointed by the punong barangay with
the concurrence of the majority of all the
sangguniang barangay members. The
appointment of the barangay secretary shall not be
subject to attestation by the Civil Service
Commission.
 shall be of legal age, a qualified voter and
an actual resident of the barangay concerned.
 not a sangguniang barangay member, a
gov’t employee, or a relative of the punong
barangay within the fourth civil degree of
consanguinity of affinity.
 barangay treasurer shall be bonded in an
amount to be determined by the sangguniang
barangay but not exceeding Ten thousand pesos
Barangay Assembly
 composed of all persons who are actual
residents of the barangay for at least six (6)
months, fifteen (15) years of age or over, citizens of
the Philippines, and duly registered in the list of
barangay assembly members.
 meet at least twice a year to hear and discuss
the semestral report of the sangguniang barangay
concerning its activities and finances as well as
problems affecting the barangay upon call of the
punong barangay or of at least four (4) members of
the sangguniang barangay, or upon written petition
of at least five percent (5%) of the assembly
members.
1 wk prior written notice to meeting needed
except on matters involving public safety or
security, in which case notice within a reasonable
time shall be sufficient
Powers of the Barangay Assembly.
(a) Initiate legislative processes by
recommending to the sangguniang barangay the
adoption of measures for the welfare of the
barangay and the city or municipality concerned;
(b) Decide on the adoption of initiative as a legal
process whereby the registered voters of the
 barangay may directly propose, enact, or amend
any ordinance; and
(c) Hear and pass upon the semestral report of
the sangguniang barangay concerning its activities
and finances.
RA 8441 (1997) - An Act Increasing The Cash Gift To
Five Thousand Pesos (P5,000.00), Amending For
The Purpose Certain Sections Of RA6686, And For
Other Purposes
Sec4. Section 4 of Republic Act No. 6686 is hereby
amended to read as follows:
"SEC. 4. All officials and employees of local
government units may receive the same benefits as
are provided under Sections 1 and 2 of this Act
chargeable against their respective local funds. For
CY 1997, local government units (municipalities,
cities and provinces) may realign their budgets to
give priority to the funding requirements under this
Act and any deficiency may be booked as accounts
payable to be paid on a first priority basis in
succeeding years."
RA 9178 (2002) - Barangay Micro Business
Enterprises (BMBEs) Act of 2002."
Declaration of Policy. — It is hereby declared to be
the policy of the State to hasten the country's
economic development by encouraging the
formation and growth of barangay micro business
enterprises which effectively serve as seedbeds of
Filipino entrepreneurial talents, and integrating
those in the informal sector with the mainstream
economy, through the rationalization of
bureaucratic restrictions, the active intervention of
the government specially in the local level, and the
granting of incentives and benefits to generate
much-needed employment and alleviate poverty.
***Barangay Micro Business Enterprise (BMBE) -
refers to any business entity or enterprise engaged
in the production, processing or manufacturing of
products or commodities, including agro-
processing, trading and services, whose total
assets including those arising from loans but
exclusive of the land on which the particular
business entity's office, plant and equipment are
situated, shall not be more than Three Million
Pesos (P3,000,000.00).
REGISTRATION AND OPERATION OF BMBEs
The Office of the Treasurer of each city or
municipality shall register the BMBEs and issue a
Certificate of Authority to enable the BMBE to avail
of the benefits under this Act. Any such application
shall be processed within fifteen (15) working days
upon submission of complete documents.
Otherwise, the BMBEs shall be deemed registered.
The Certificate of Authority shall be effective for a
period of 2 years, renewable for a period of two (2)
years for every renewal.
Who are Eligible to Register. — Any person, natural
or juridical, or cooperative, or association, having
the qualifications as defined hereof (see *** above)
may apply for registration as BMBE.
INCENTIVES AND BENEFITS
Exemption from Taxes and Fees.
Exemption from the Coverage of the Minimum
Wage Law.
Credit Delivery — LBP, DBP, the Small Business
Guarantee and Finance Corporation (SBGFC), and
the People's Credit and Finance Corporation
(PCFC) shall set up a special credit window that
will service the financing needs of BMBEs
registered under this Act consistent with the
Bangko Sentral ng Pilipinas (BSP) policies, rules
and regulations.
Technology Transfer, Production and
Management Training, and Marketing Assistance.
— P300Millionfrom PAGCOR
People vs. Recto (2001)
An agent or person in authority is any person
who by direct provision of law or by election, or
by appointment by competent authority, is charged
with the maintenance of public order and the
protection and security of life and property.
Under RPC, Direct assault may be committed by any
person/s who without a public uprising shall attack,
employ force, or seriously intimidate or resist any
person in authority or any of his agents while
engaged in the performance of his official
duties, or on occasion of such performance
NOTES:
SC emphasized on the fact that the tanod was on his
way home.
SIR: Since tanod is a person (agent) in authority,
surrender to him is equivalent to a mitigating
circumstance.
David vs. COMELEC (1997)
Under Sec. 2 of RA 6653, the term of office of
barangay officials shall be for 5 years. Sec. 43 of RA
7160 reduced the term of office of all local elective
officials to 3 years.
RA 7160 was enacted later than RA 6679. In case of
an irreconcilable conflict between 2 laws of different
vintages, the later law repeals an earlier one,
because it is the later legislative will.
The Constitution did not expressly prohibit Congress
from fixing any term of office for barangay officials. It
merely left the determination of such term to the
lawmaking body, without any specific limitation or
prohibition, thereby leaving to the lawmakers full
discretion to fix such term in accordance with the
exigencies of public service.
NOTE: Sec 2 of RA 9164 provided that the term of
office of barangay officials shall be for 3 years and
that no barangay officials shall serve for more than 3
consecutive terms reckoning from the 1994 barangay
elections.
Alquizola vs. Ocol (1999)
Under Sec 389 LGCode, upon the approval by a
majority of all the members of the SB, the punong
brgy can appoint and replace the brgy treasurer,
secretary and other appointive brgy oficicials.
The term replace would obviously embrace not only
the appointment of the replacement but also the prior
removal of or vacation by, the official currently
occupying the appointive position concerned.
Since there is no other provision in the LGCode that
treats of the power of Punong Brgy to remove the
brgy appointive officials and the duration of their term
of office has not been fixed by LGCode, it is a sound
and useful rule to consider the power of removal as
being an incident to the power of appointment.
Verily, the power of appointment is to be exercised
conjointly by the punong brgy and a majority of all the
members of the SB. W/out such conjoint action,
neither an appointment nor a replacement can be
effectual.
To hold otherwise would create an absurd situation of
the SB members refusing to give their approval to the
replacements selected by the punong brgy who has
unilaterally terminated the services of the
incumbents.
Katarungang Pambarangay – LGC
Sec399. Lupong Tagapamayapa. —
(a) There is hereby created in each barangay a
lupong tagapamayapa, hereinafter referred to as
the lupon, composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The
lupon shall be constituted every three (3) years in
the manner provided herein.
(b) Any person actually residing or working, in
the barangay, not otherwise expressly disqualified
by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and
reputation for probity, may be appointed a member
of the lupon.
(c) A notice to constitute the lupon, which shall
include the names of proposed members who have
expressed their willingness to serve, shall be
prepared by the punong barangay within the first
fifteen (15) days from the start of his term of office.
Such notice shall be posted in three (3)
conspicuous places in the barangay continuously
for a period of not less than three (3) weeks;
(d) The punong barangay, taking into
consideration any opposition to the proposed
appointment or any recommendations for
appointment as may have been made within the
period of posting, shall within ten (10) days
thereafter, appoint as members those whom he
determines to be suitable therefor. Appointments
shall be in writing, signed by the punong barangay,
and attested to by the barangay secretary.
(e) The list of appointed members shall be
posted in three (3) conspicuous places in the
barangay for the entire duration of their term of
office; and
(f) In barangays where majority of the
inhabitants are members of indigenous cultural
communities, local systems of settling disputes
through their councils of datus or elders shall be
recognized without prejudice to the applicable
provisions of this Code.
Sec400. Oath and Term of Office. — Upon
appointment, each lupon member shall take an
oath of office before the punong barangay. He shall
hold office until a new lupon is constituted on the
third year following his appointment unless sooner
terminated by resignation, transfer of residence or
place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the
majority of all the members of the lupon.
Sec401. Vacancies. — Should a vacancy
occur in the lupon for any cause, the punong
barangay shall immediately appoint a qualified
person who shall hold office only for the unexpired
portion of the term.
Sec402. Functions of the Lupon. — The
lupon shall:
(a) Exercise administrative supervision over the
conciliation panels provided herein;
(b) Meet regularly once a month to provide a
forum for exchange of ideas among its members
and the public on matters relevant to the amicable
settlement of disputes, and to enable various
 conciliation panel members to share with one
another their observations and experiences in
effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Sec403. Secretary of the Lupon. — The
barangay secretary shall concurrently serve as the
secretary of the lupon. He shall record the results
of mediation proceedings before the punong
barangay and shall submit a report thereon to the
proper city or municipal courts. He shall also
receive and keep the records of proceedings
submitted to him by the various conciliation panels.
Sec404. Pangkat ng Tagapagkasundo. —
(a) There shall be constituted for each dispute
brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting of
three (3) members who shall be chosen by the
parties to the dispute from the list of members of
the lupon.
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.
(b) The three (3) members constituting the
pangkat shall elect from among themselves the
chairman and the secretary. The secretary shall
prepare the minutes of the pangkat proceedings
and submit a copy duly attested to by the chairman
to the lupon secretary and to the proper city or
municipal court. He shall issue and cause to be
served notices to the parties concerned.
The lupon secretary shall issue certified true copies
of any public record in his custody that is not by law
otherwise declared confidential.
Sec405. Vacancies in the Pangkat. — Any
vacancy in the pangkat shall be chosen by the
parties to the dispute from among the other lupon
members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot to
be drawn by the lupon chairman.
Sec406. Character of Office and Service of
Lupon Members. —
(a) The lupon members, while in the
performance of their official duties or on the
occasion thereof, shall be deemed as persons in
authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve
without compensation, except as provided for in
Section 393 and without prejudice to incentives as
provided for in this Section and in Book IV of this
Code. The Department of the Interior and Local
Government shall provide for a system of granting
economic or other incentives to the lupon or
pangkat members who adequately demonstrate the
ability to judiciously and expeditiously resolve
cases referred to them. While in the performance of
their duties, the lupon or pangkat members,
whether in public or private employment, shall be
deemed to be on official time, and shall not suffer
from any diminution in compensation or allowance
from said employment by reason thereof.
Sec407. Legal Advice on Matters Involving
Questions of Law. — The provincial, city legal
officer or prosecutor or the municipal legal officer
shall render legal advice on matters involving
questions of law to the punong barangay or any
lupon or pangkat member whenever necessary in
the exercise of his functions in the administration of
the katarungang pambarangay.
Sec408. Subject Matter for Amicable
Settlement; Exception Thereto. — The lupon of
each barangay shall have authority to bring
together the parties actually residing in the same
city or municipality for amicable settlement of all
disputes except:
(a) Where one party is the government, or any
subdivision or instrumentality thereof;
(b) Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions;
(c) Offenses punishable by imprisonment
exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
(d) Offenses where there is no private offended
party;
(e) Where the dispute involves real properties
located in different cities or municipalities unless
the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside
in barangays of different cities or municipalities,
except where such barangay units adjoin each
other and the parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;
(g) Such other classes of disputes which the
President may determine in the interest of Justice
or upon the recommendation of the Secretary of
Justice.
The court in which non-criminal cases not falling
within the authority of the lupon under this Code
are filed may, at any time before trial motu propio
refer the case to the lupon concerned for amicable
settlement.
Sec409. Venue. —
(a) Disputes between persons actually residing
in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(b) Those involving actual residents of different
barangays within the same city or municipality shall
be brought in the barangay where the respondent
 or any of the respondents actually resides, at the
election of the complaint.
(c) All disputes involving real property or any
interest therein shall be brought in the barangay
where the real property or the larger portion thereof
is situated.
(d) Those arising at the workplace where the
contending parties are employed or at the
institution where such parties are enrolled for study,
shall be brought in the barangay where such
workplace or institution is located.
Objections to venue shall be raised in the
mediation proceedings before the punong
barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront the
punong barangay in resolving objections to venue
herein referred to may be submitted to the
Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be
binding.
Sec410. Procedure for Amicable
Settlement. —
(a) Who may initiate proceeding — Upon
payment of the appropriate filing fee, any individual
who has a cause of action against another
individual involving any matter within the authority
of the lupon may complain, orally or in writing, to
the lupon chairman of the barangay.
(b) Mediation by lupon chairman — Upon receipt
of the complaint, the lupon chairman shall within
the next working day summon the respondent(s),
with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of
their conflicting interests. If he fails in his mediation
effort within fifteen (15) days from the first meeting
of the parties before him, he shall forthwith set a
date for the constitution of the pangkat in
accordance with the provisions of this Chapter.
(c) Suspension of prescriptive period of offenses
— While the dispute is under mediation,
conciliation, or arbitration, the prescriptive periods
for offenses and cause of action under existing
laws shall be interrupted upon filing the complaint
with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of
the complainant or the certificate of repudiation or
of the certification to file action issued by the lupon
or pangkat secretary: Provided, however, That such
interruption shall not exceed sixty (60) days from
the filing of the complaint with the punong
barangay.
(d) Issuance of summons; hearing; grounds for
disqualification — The pangkat shall convene not
later than three (3) days from its constitution, on the
day and hour set by the lupon chairman, to hear
both parties and their witnesses, simplify issues,
and explore all possibilities for amicable settlement.
For this purpose, the pangkat may issue summons
for the personal appearance of parties and
witnesses before it. In the event that a party moves
to disqualify any member of the pangkat by reason
of relationship, bias, interest, or any other similar
grounds discovered after the constitution of the
pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat
whose decision shall be final. Should
disqualification be decided upon, the resulting
vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement — The
pangkat shall arrive at a settlement or resolution of
the dispute within fifteen (15) days from the day it
convenes in accordance with this section. This
period shall, at the discretion of the pangkat, be
extendible for another period which shall not
exceed fifteen (15) days, except in clearly
meritorious cases.
Sec411. Form of settlement. — All amicable
settlements shall be in writing, in a language or
dialect known to the parties, signed by them, and
attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to
the dispute do not use the same language or
dialect, the settlement shall be written in the
language known to them.
Sec412. Conciliation. —
(a) Pre-condition to Filing of Complaint in Court.
— No complaint, petition, action, or proceeding
involving any matter within the authority of the
lupon shall be filed or instituted directly in court or
any other government office for adjudication,
unless there has been a confrontation between the
parties before the lupon chairman or the pangkat,
and that no conciliation or settlement has been
reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or
pangkat chairman or unless the settlement has
been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. —
The parties may go directly to court in the following
instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been
deprived of personal liberty calling for habeas
corpus proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred
by the statute of limitations.
(c) Conciliation among members of indigenous
cultural communities. — The customs and
traditions of indigenous cultural communities shall
be applied in settling disputes between members of
the cultural communities.
Sec413. Arbitration. —
 (a) The parties may, at any stage of the
proceedings, agree in writing that they shall abide
by the arbitration award of the lupon chairman or
the pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date thereof
for the same grounds and in accordance with the
procedure hereinafter prescribed. The arbitration
award shall be made after the lapse of the period
for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a
language or dialect known to the parties. When the
parties to the dispute do not use the same
language or dialect, the award shall be written in
the language or dialect known to them.
Sec414. Proceedings Open to the Public;
Exception. — All proceedings for settlement shall
be public and informal: Provided, however, That the
lupon chairman or the pangkat chairman, as the
case may be, may motu proprio or upon request of
a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals.
Sec415. Appearance of Parties in Person.
— In all katarungang pambarangay proceedings,
the parties must appear in person without the
assistance of counsel or representative, except for
minors and incompetents who may be assisted by
their next-of-kin who are not lawyers.
Sec416. Effect of Amicable Settlement and
Arbitration Award. — The amicable settlement
and arbitration award shall have the force and
effect of a final judgment of a court upon the
expiration of ten (10) days from the date thereof,
unless repudiation of the settlement has been
made or a petition to nullify the award has been
filed before the proper city or municipal court.
However, this provision shall not apply to court
cases settled by the lupon under the last paragraph
of Section 408 of this Code, in which case the
compromise or the pangkat chairman shall be
submitted to the court and upon approval thereof,
have the force and effect of a judgment of said
court.
Sec417. Execution. — The amicable
settlement or arbitration award may be enforced by
execution by the lupon within six (6) months from
the date of the settlement. After the lapse of such
time, the settlement may be enforced by action in
the appropriate city or municipal court.
Sec418. Repudiation. — Any party to the
dispute may, within ten (10) days from the date of
the settlement, repudiate the same by filing with the
lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification
for filing a complaint as hereinabove provided.
Sec419. Transmittal of Settlement and
Arbitration. — Award to the Court. — The
secretary of the lupon shall transmit the settlement
or the arbitration award to the appropriate city or
municipal court within five (5) days from the date of
the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and
the lupon chairman.
Sec420. Power to Administer Oaths. — The
punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in
connection with any matter relating to all
proceedings in the implementation of the
katarungang pambarangay.
Sec421. Administration; Rules and
Regulations. — The city or municipal mayor, as
the case may be, shall see to the efficient and
effective implementation and administration of the
katarungang pambarangay. The Secretary of
Justice shall promulgate the rules and regulations
necessary to implement this Chapter.
Sec422. Appropriations. — Such amount as
may be necessary for the effective implementation
of the katarungang pambarangay shall be provided
for in the annual budget of the city or municipality
concerned.
Supreme Court Administrative Circular No. 14-93
Guidelines on the Katarungang Pambarangay
conciliation procedure to All RTC’s, MTC’s, MCTC’s
MeTC’s
I. All disputes are subject to Barangay conciliation
pursuant to the Revised Katarungang Pambarangay
Law and prior recourse thereto is a pre-condition
before filing a complaint in court or any government
offices, except in the following disputes:
1. Where one party is the government, or any
subdivision or instrumentality thereof;
2. Where one party is a public officer or
employee, and the dispute relates to the performance
of his official functions;
3. Where the dispute involves real properties
located in different cities and municipalities, unless
the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations,
partnerships or juridical entities, since only individuals
shall be parties to Barangay conciliation proceedings
either as complainants or respondents (Sec. 1, Rule
VI, Katarungang Pambarangay Rules);
5. Disputes involving parties who actually
reside in barangays of different cities or
municipalities, except where such barangay units
adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by an
appropriate Lupon;
6. Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding one (1)
year or a fine over five thousand pesos (P5,000.00);
7. Offenses where there is no private
offended party;
8. Disputes where urgent legal action is
necessary to prevent injustice from being committed
or further continued, specifically the following:
a. Criminal cases where accused is under
police custody or detention (See Sec. 412 (b)
(1), Revised Katarungang Pambarangay
Law);
b. Petitions for habeas corpus by a person
illegally deprived of his rightful custody over
another or a person illegally deprived of his
liberty or one acting in his behalf;
c. Actions coupled with provisional remedies
such as preliminary injunction, attachment,
delivery of personal property and support
during the pendency of the action; and
d. Actions which may be barred by the
Statute of Limitations.
9. Any class of disputes which the President
may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
10. Where the dispute arises from the
Comprehensive Agrarian Reform Law (CARL) (Secs.
46 & 47, R.A. 6657);
11. Labor disputes or controversies arising
from employer-employee relations (Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
as amended, which grants original and exclusive
jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of
the Department of Labor and Employment);
12. Actions to annul judgment upon a
compromise, which may be filed directly in court (See
Sanchez vs. Tupaz, 158 SCRA 459).
II. Under the provisions of R.A. 7160 on Katarungang
Pambarangay conciliation, as implemented by the
Katarungang Pambarangay Rules and Regulations
promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any
government office shall be issued by Barangay
authorities only upon compliance with the following
requirements:
1. Issued by the Lupon Secretary and
attested by the Lupon Chairman (Punong Barangay),
certifying that a confrontation of the parties has taken
place and that a conciliation or settlement has been
reached, but the same has been subsequently
repudiated (Sec. 412, Revised Katarungang
Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
2. Issued by the Pangkat Secretary and
attested by the Pangkat Chairman, certifying that:
a. a confrontation of the parties took place
but no conciliation/settlement has been
reached (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules; or
b. that no personal confrontation took place
before the Pangkat through no fault of the
complainant (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules).
3. Issued by the Punong Barangay, as
requested by the proper party on the ground of failure
of settlement where the dispute involves members of
the same indigenous cultural community, which shall
be settled in accordance with the customs and
traditions of that particular cultural community, or
where one or more of the parties to the aforesaid
dispute belong to the minority and the parties
mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or
tribal leader or elder to the Punong Barangay of the
place of settlement (Secs. 1, 4, & 5, Rule IX,
Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before
the Punong Barangay proved unsuccessful, there
having been no agreement to arbitrate (Sec. 410 [b],
Revised Rule Katarungang Pambarangay Lay; Sec.
1, c, (1), Rule III, Katarungang Pambarangay Rules),
or where the respondent fails to appear at the
mediation proceeding before the Punong Barangay
(3rd par. Sec. 8, a, Rule VI, Katarungang
Pambarangay Rules), the Punong Barangay shall not
cause the issuance of this stage of a certification to
file action, because it is now mandatory for him to
constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.
III. All complaints and/or informations filed or raffled
to your sala/branch of the Regional Trial Court,
Metropolitan Trial Court or Municipal Trial Court shall
be carefully read and scrutinized to determine if there
has been compliance with prior Barangay conciliation
procedure under the Revised Katarungang
Pambarangay Law and its Implementing Rules and
Regulations, as a pre-condition to judicial action,
particularly whether the certification to file action
attached to the records of the case comply with the
requirements hereinabove enumerated in par. II;
IV. A case filed in court without compliance with prior
Barangay conciliation which is a pre-condition for
formal adjudication (Sec. 412[a] of the Revised
Katarungang Pambarangay Law) may be dismissed
upon motion of defendant/s, not for lack of jurisdiction
of the court but for failure to state a cause of action or
prematurity (Royales vs. IAC, 127 SCRA 470;
Gonzales vs. CA, 151 SCRA 289), or the court may
suspend proceedings upon petition of any party
under Sec. 1, Rule 21 of the Rules of Court; and refer
the case motu propio to the appropriate Barangay
authority, applying by analogy Sec. 408[g], 2nd par.,
of the Revised Katarungang Pambarangay Law
which reads as follows:
"The Court in which non-criminal cases not falling
within the authority of the Lupon under this Code are
filed may at any time before trial, motu proprio refer
the case to the Lupon concerned for amicable
settlement.
Morata vs. Go (1983)
Facts:
Go filed in the CFI a complaint against Morata for
recovery of a sum of money plus damages. Morata
filed MTD on the ground of failure to comply w/
PD1508 as well as absence of certification by the
Lupon or Pangkat Secretary. Judge denied MTD
holding that PD1508 applies only to cases falling
under JD of inferior courts. Since the amount
involved falls under JD of CFI, such law does nt
apply.
Issue: WON PD 1508 applies to actions not only by
MTC’s but also by CFI’s (Now RTC)
Held:
Under the Katarungang Pambarangay Law, the
Lupon has authority to settle amicably all types of
disputes involving parties who actually reside in
the same city or municipality. The law makes no
distinction whatsoever with respect to the classes of
civil disputes that should be compromised at the
barangay level. To say that the authority of the Lupon
is limited to cases exclusively cognizable by the
inferior courts is to lose sight of its objective which is
to ease congestion of dockets and worse, it would
make the law a self-defeating one. (as parties can
bloat up claim to make it go beyond JD of inferior
courts)
Mendova vs. Afable (2002)
Facts:
Mendova had filed a complaint for slight physical
injuries against Palada with the office of the Brgy
Chairman but the parties failed to reach an
amicable settlement as certified by the brgy
chairman. Mendova then filed with MCTC the
complaint for slight physical injuries. Afable
dismissed ruling that the action has already
prescribed (without considering that the filing of
the case with the barangay tolled the prescriptive
period. Mendova filed an administrative complaint
against MCTC judge, Afable, for ignorance of the
law.
Issue: WON filing w/ the brgy tolls the prescriptive
period
Held:
Yes. LGC provides that the filing with the
barangay interrupts the prescriptive period, but it
starts to run again upon receipt by the
complainant of the Certification to File Action
issued by the Pangkat Secretary.
Uy vs. Contreras (1994)
Facts:
Atayde et al filed a complaint w/ the brgy ca[pt for
alleged injuries inflicted by Uy. Confrontation was
scheduled by the Brgy Capt but only Uy appeared so
it was reset. Thereafter, Atayde filed 2 infos for slight
physical injuries. Uy filed MTD for non-compliance w/
requirement in PD 1508 on prior referral to the
Lupong Tagapamayapa. Contreras denied MTD on
the ground that the accused has already waived the
right to a reconciliation proceedings.
Issue: WON there was compliance w/ PD 1508
Held:
No. Katarungang pambarangay was originally
governed by PD1508 but was expressly repealed by
the revision in the 1991 LGC. Sec of Justice
promulgated Rules on KP to implement revised law –
with 3 new significant features:
a. necessary broadening of the jurisdiction of the
lupon – authority in criminal offenses increased up to
those offenses punishable by imprisonment not
exceeding 1year or fine not exceeding 5,000P (from
PD1508’s 30days and 200P)
b. appropriate civil and criminal cases arising from
incidents occurring in workplaces or institutions of
learning shall be brought in barangay where
workplace is located (Sec409(d), LGC) –
c. 60day period for suspension of prescriptive periods
– to maximize effectiveness of mediation,
conciliation, or arbitration process and to afford
parties sufficient time to cool off and face each other
with less emotionalism and more objectivity.
Diu vs. CA (1995)
Facts:
Pagba purchased on credit various articles of
merchandise from Diu's store but failed to pay
despite repeated demands. DIU brought the
matter before the Barangay Chairman and the
latter set the case for hearing, When the case was
again set for hearing, the parties appeared but
they failed to reach an amicable settlement.
Accordingly, the barangay chairman issued a
Certification to File Action. DIU then filed their
complaint for a sum of money before the MTC but
it was dismissed. RTC reversed. CA reversed RTC
holding that there had been no compliance w/ PD
1508.
Issue: WON there was substantial compliance w/
1508
Held:
There was substantial compliance with the law. It is
noteworthy that under Section 412 of the Local
Government Code aforequoted, the confrontation
before the lupon chairman OR the pangkat is
sufficient compliance with the pre-condition for filing
the case in court. IN CAB, while no pangkat was
constituted, it is not denied that the parties met at the
office of the barangay chairman for possible
settlement. The efforts of the barangay chairman,
however, proved futile as no agreement was reached.
NOTES:
SIR: But the SC Circular require us to go to Pangkat,
therfor MANDATORY.
Sec 410- is construed as mandatory
V Held:
Sec 412- not meant to say that you can go to court
straight after brgy
Boleyley vs. Villanueva (1999)
Facts:
Boleyley filed with the RTC-Baguio, a complaint
against Surla for collection of a sum of money. Surla
filed MTD on the ground that petitioner did not
comply with the Revised Katarungan Pambarangay
Law requiring as a condition for the filing of a
complaint in court referral of the matter to the
barangay lupon chairman or the pangkat, for
conciliation or settlement.
Boleyley opposes MTD on the ground that private
respondent was not a resident of Baguio City so that
the dispute involving the parties was not within the
authority of the lupon to bring together for conciliation
or settlement.
Issue: WON the case should’ve been referred to
brgy conciliation
Held:
No. In the complaint filed by petitioner with the RTC,
it is obvious that the parties do not reside in the same
city or municipality, and hence, the dispute is
excepted from the requirement of referral to the
barangay lupon or pangkat for conciliation or
settlement prior to filing with the court.
The allegation of defendant's actual residence would
have been ideal to determine venue, which is
plaintiff's choice of either his place of residence or
that of the defendant or any of the principal
defendants. "In procedural law, however, specifically
for purposes of venue it has been held that the
residence of a person is his personal, actual or
physical habitation or his actual residence or place of
abode, which may not necessarily be his legal
residence or domicile provided he resides therein
with continuity and consistency. Nevertheless, the
complaint clearly implies that the parties do not
reside in the same city or municipality.
Vercide vs. Judge Priscilla T. Hernandez (2000)
Facts:
Without referral to the Lupong Tagapamayapa,
Vercide (Dipolog City) filed a complaint for recovery
of possession of a piece of land located in Misamis
Oriental against Galleros (Misamis Or). Judge
Hernandez ordered the dismissal of the case for lack
of said referral
Where parties do not reside in the same city or
municipality or in adjoining barangays, there is no
requirement for them to submit their dispute involving
real property to the Lupong Tagapamayapa.
Looking at Secs. 2 and 3 of the LGC, it is clear that
the Lupon shall have no jurisdiction over disputes
where the parties are not actual residents of the
same city or municipality, except where the
barangays in which they actually reside adjoin each
other.
It is clear even from the Katarungang Pambarangay
Rules (Rule VI) that recourse to barangay conciliation
proceedings is not necessary where the parties do
not reside in the same municipality or city or in
adjoining barangays.
Heirs of Vinzons vs. CA (1999)
Facts:
There are 3 ejectment cases filed. The first 2 cases
underwent barangay conciliation proceedings. The 3 rd
case did not. MTC and RTC ordered lessee to vacate
premises and pay rent. CA reversed citing failure to
Law (PD 1508); and lack of evidence of prior demand
to vacate before instituting the complaint.
Issue1: WON there was brgy conciliation
proceedings
Held:
Yes, the case was correctly dismissed the for failure
of the plaintiffs, the petitioners herein, to avail of the
barangay conciliation process under PD 1508,
preliminary to judicial recourse. There is no clear
showing that it was brought before the Barangay
Lupon or Pangkat of Barangay Daet, Camarines
Norte, where the parties reside and the property
subject of the case is situated, as there is no
barangay certification to file action attached to the
complaint.
Issue2: WON the previous brgy conciliation
proceedings are applicable to the present case
Held:
No. The 3rd case for unlawful detainer should have
been coursed first to the barangay court. Petitioners
cannot rely on the barangay conciliation proceedings
held in the other cases and consider the same as
compliance with the law.
NOTES:
Sir: Evidence that conciliation proceedings have
failed does not have to be presented as long as the
certification to file action from barangay is attached to
the pleadings.
Q: can there be conciliation after filing of case in
court?
A: yes, court will dismiss the case w/out prejudice.
Idolor vs. CA (2001)
Facts:
To secure a loan Idolor executed in favor of
Gumersindo de Guzman a Deed of Real Estate
Mortgage with right of extrajudicial foreclosure upon
failure to redeem the mortgage. De Guzman filed
a complaint against Idolor before the Office of the
Bgy. Capt. which resulted in a “Kasunduang Pag-
aayos”,
Held:
The compromise agreement has the force and effect
of a final judgment. The Kasanduan merely gave life
to the mortgage contract, which was then more than
2 years overdue. Evidently, it was executed to
facilitate easy compliance by mortgagor with her
mortgage obligation. It is not incompatible and can
stand together with the mortgage contract.
Q&A
Question
My husband and I occasionally use our camcorder to
record our lovemaking sessions. We both enjoy
viewing them later, and now have a small "greatest
hits" collection. Recently, I started wondering about
it. Is there anything we should be worried about, or
can any harm come from doing this?
Answer
Since the advent of affordable camcorders (and now
digital recorders), couples have enjoyed making
movies of themselves engaged in various behaviors,
including sex. It certainly can be a great turn-on, sort
of like making your own personal porn flick.
There is no harm in videotaping yourself and your
husband engaging in sexual activities. Of course,
some couples are surprised by what they see. Few of
us look as good as the porn stars who are carefully
made-up and filmed under perfect lighting. Plus,
most individuals cannot keep up with the sexual
athletics of these professionals. Just keep a good
sense of humor, and remember that comparing
yourself negatively would be akin to making a home
movie of your family playing basketball and then
being embarrassed that you can't shoot as well as
Michael Jordan.
The biggest thing you should be worried about is
what happens to these tapes. It is not unheard of for
people to accidentally return the wrong video to
Blockbusters, or for kids looking for a blank tape to
stumble upon mommy and daddy swinging from the
chandelier. I highly suggest that you lock up your
tapes in a secure place and make sure they are well
labeled and kept track of. You also might want to
make a deal with your spouse that under no
circumstances will either of you ever make a copy or
do anything with these tapes without the other's
permission.
But aside from these safeguards, enjoy yourselves
and just hope that you don't have a nasty divorce and
find your face (or much worse) plastered all over the
Internet.
Sangguniang Kabataan
CHAPTER VIII: Sangguniang Kabataan
Sec423. Creation and Election. —
(a) There shall be in every barangay a
sangguniang kabataan to be composed of a
chairman, seven (7) members, a secretary, and a
treasurer.
(b) A sangguniang kabataan official who, during
his term of office, shall have passed the age of
twenty-one (21) years shall be allowed to serve the
remaining portion of the term for which he was
elected.
Sec424. Katipunan ng Kabataan. — The
katipunan ng kabataan shall be composed of all
citizens of the Philippines actually residing in the
barangay for at least six (6) months, who are fifteen
 (15) but not more than twenty-one (21) years of
age, and who are duly registered in the list of the
sangguniang kabataan or in the official barangay
list in the custody of the barangay secretary.
Sec425. Meetings of the Katipunan ng
Kabataan. — The katipunan ng kabataan shall
meet at least once every three (3) months, or at the
call of the chairman of the sangguniang kabataan
or upon written petition of at least one-twentieth
(1/20) of its members, to decide on important
issues affecting the youth of the barangay.
Sec426. Powers and Functions of the
Sangguniang Kabataan. — The sangguniang
kabataan shall:
(a) Promulgate resolutions necessary to carry
out the objectives of the youth in the barangay in
accordance with the applicable provisions of this
Code;
(b) Initiate programs designed to enhance the
social, political, economic, cultural, intellectual,
moral, spiritual, and physical development of the
members;
(c) Hold fund-raising activities, the proceeds of
which shall be tax-exempt and shall accrue to the
general fund of the sangguniang kabataan:
Provided, however, That in the appropriation
thereof, the specific purpose for which such activity
has been held shall be first satisfied;
(d) Create such bodies or committees as it may
deem necessary to effectively carry out its
programs and activities;
(e) Submit annual and end-of-term reports to the
sangguniang barangay on their projects and
activities for the survival and development of the
youth in the barangay;
(f) Consult and coordinate with all youth
organizations in the barangay for policy formulation
and program implementation;
(g) Coordinate with the appropriate national
agency for the implementation of youth
development projects and programs at the national
level;
(h) Exercise such other powers and perform
such other duties and functions as the sangguniang
barangay may determine or delegate; and
(i) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Sec427. Meetings of the Sangguniang
Kabataan. — The sangguniang kabataan shall
meet regularly once a month on the date, time, and
place to be fixed by the said sanggunian. Special
meetings may be called by the sangguniang
kabataan chairman or any three (3) of its members
by giving written notice to all members of the date,
time, place and agenda of the meeting at least one
(1) day in advance. Notices of regular or special
meetings shall be furnished the punong barangay
and the sangguniang barangay.
A majority of the members of the sangguniang
kabataan shall constitute a quorum.
Sec428. Qualifications. — An elective official
of the sangguniang kabataan must be a citizen of
the Philippines, a qualified voter of the katipunan
ng kabataan, a resident of the barangay for at least
one (1) year immediately prior to election, at least
fifteen (15) years but not more than twenty- one
(21) years of age on the day of his election, able to
read and write Filipino, English, or the local dialect,
and must not have been convicted of any crime
involving moral turpitude.
Sec429. Term of Office. — The sangguniang
kabataan chairman and members shall hold office
for a period of three (3) years, unless sooner
removed for cause as provided by law, permanently
incapacitated, die or resign from office.
Sec430. Sangguniang Kabataan Chairman.
— The registered voters of the katipunan ng
kabataan shall elect the chairman of the
sangguniang kabataan who shall automatically
serve as an ex officio member of the sangguniang
barangay upon his assumption to office. As such,
he shall exercise the same powers, discharge the
same duties and functions, and enjoy the same
privileges as the regular sangguniang barangay
members, and shall be the chairman of the
committee on youth and sports development in the
said sanggunian.
Sec431. Powers and Duties of the
Sangguniang Kabataan Chairman. — In addition
to the duties which may be assigned to him by the
sangguniang barangay, the sangguniang kabataan
chairman shall:
(a) Call and preside over all meetings of the
katipunan ng kabataan and the sangguniang
kabataan;
(b) Implement policies, programs, and projects
within his jurisdiction in coordination with the
sangguniang barangay;
(c) Exercise general supervision over the affairs
and activities of the sangguniang kabataan and the
official conduct of its members, and such other
officers of the sangguniang kabataan within his
jurisdiction;
(d) With the concurrence of the sangguniang
kabataan, appoint from among the members of the
sangguniang kabataan, the secretary and treasurer
and such other officers as may be deemed
necessary; and
(e) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Sec432. Sangguniang Kabataan Secretary.
— The sangguniang kabataan secretary shall:
(a) Keep all records of the katipunan ng
kabataan and sangguniang kabataan;
(b) Prepare and keep the minutes of all meetings
of the katipunan ng kabataan and sangguniang
kabataan;
(c) Prepare all forms necessary for the conduct
of registrations, elections, initiatives, referenda, or
plebiscites, in coordination with the barangay
secretary and the COMELEC; and
(d) Perform such other duties and discharge
such other functions as the chairman of the
sangguniang kabataan may prescribe or direct.
Sec433. Sangguniang Kabataan Treasurer.
— The sangguniang kabataan treasurer shall:
(a) Take custody of all sangguniang kabataan
property and funds not otherwise deposited with
the city or municipal treasurer;
(b) Collect and receive contributions, monies,
materials, and all other sources intended for the
sangguniang kabataan and katipunan ng kabataan;
(c) Disburse funds in accordance with an
approved budget of the sangguniang kabataan;
(d) Certify to the availability of funds whenever
necessary;
(e) Submit to the sangguniang kabataan and to
the sangguniang barangay certified and detailed
statements of actual income and expenditures at
the end of every month; and
(f) Perform such other duties and discharge
such other functions as the chairman of the
sangguniang kabataan may direct.
Sec434. Privileges of Sangguniang
Kabataan Officials. — The sangguniang kabataan
chairman shall have the same privileges enjoyed
by other sangguniang barangay officials under this
Code subject to such requirements and limitations
provided herein. During their incumbency,
sangguniang kabataan officials shall be exempt
from payment of tuition and matriculation fees while
enrolled in public tertiary schools, including state
colleges and universities. The national government
shall reimburse said college or university the
amount of the tuition and matriculation fees:
Provided, That, to qualify for the privilege, the said
officials shall enroll in a state college or university
within or nearest their area of jurisdiction.
Sec435. Succession and Filling of
Vacancies. —
(a) In case a sangguniang kabataan chairman
refuses to assume office, fails to qualify, is
convicted of a felony, voluntarily resigns, dies, is
permanently incapacitated, is removed from office,
or has been absent without leave for more than
three (3) consecutive months, the sangguniang
kabataan member who obtained the next highest
number of votes in the election immediately
preceding shall assume the office of the chairman
for the unexpired portion of the term, and shall
discharge the powers and duties, and enjoy the
rights and privileges appurtenant to the office. In
case the said member refuses to assume the
position or fails to qualify, the sangguniang member
obtaining the next highest number of votes shall
assume the position of the chairman for the
unexpired portion of the term.
(b) Where two (2) or more sangguniang
kabataan members obtained the same next highest
number of votes, the other sangguniang kabataan
members shall conduct an election to choose the
successor to the chairman from among the said
members.
(c) After the vacancy shall have been filled, the
sangguniang kabataan chairman shall call a special
election to complete the membership of said
sanggunian. Such sangguniang kabataan member
shall hold office for the unexpired portion of the
term of the vacant seat. cd i
(d) In case of suspension of the sangguniang
kabataan chairman, the successor, as determined
in subsections (a) and (b) of this Section shall
assume the position during the period of such
suspension.
CHAPTER IX: Pederasyon ng mga Sangguniang
Kabataan
Sec436. Pederasyon ng mga Kabataan. —
(a) There shall be an organization of all the
pederasyon ng mga sangguniang kabataan to be
known as follows:
(1) in municipalities pambayang pederasyon ng
mga sangguniang kabataan;
(2) in cities, panlungsod na pederasyon ng mga
sangguniang kabataan;
(3) in provinces, panlalawigang pederasyon ng
mga kabataan;
(4) in special metropolitan political subdivisions,
pangmetropolitan pederasyon ng mga
sangguniang kabataan; and
(5) on the national level pambansang
pederasyon ng mga sangguniang kabataan.
(b) The pederasyon ng mga sangguniang
kabataan shall, at all levels, elect from among
themselves the president, vice- president and such
other officers as may be necessary and shall be
organized in the following manner:
(1) The panlungsod and pambayang pederasyon
shall be composed of the sangguniang
kabataan chairmen of barangays in the city
or municipality, respectively;
(2) The panlalawigang pederasyon shall be
composed of presidents of the panlungsod
and pambayang pederasyon;
(3) The pangmetropolitang pederasyon shall be
composed of presidents of the panlungsod
and pambayan pederasyon;
 (c) The elected presidents of the pederasyon at
the provincial, highly urbanized city, and
metropolitan political subdivision levels shall
constitute the pambansang katipunan ng mga
sangguniang kabataan.
Sec437. Constitution and By-Laws. — The
term of office, manner of election, removal and
suspension of the officers of the pederasyon ng
mga sangguniang kabataan at all levels shall be
governed by the constitution and by-laws of the
pederasyon in conformity with the provisions of this
Code and national policies on youth.
Sec438. Membership in the Sanggunian. —
(a) A sangguniang kabataan chairman shall,
upon certification of his election by the COMELEC
and during his tenure of office is elected as
pederasyon president, serve as an ex-officio
member of the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan,
as the case may be, without need of further
appointment.
(b) The vice-president of the pederasyon whose
president has been elected as president of a higher
pederasyon shall serve as ex-officio member of the
sanggunian concerned without need of further
appointment.
(c) The pederasyon president or vice-president,
as the case may be, shall be the chairman of the
committee on youth and sports development of the
sanggunian concerned.
CHAPTER X: Linggo ng Kabataan
Sec439. Observance of Linggo ng
Kabataan. —
(a) Every barangay, municipality, city and
province shall, in coordination with the pederasyon
ng mga sangguniang kabataan at all levels,
conduct an annual activity to be known as the
Linggo ng Kabataan on such date as shall be
determined by the Office of the President.
(b) The observance of the Linggo ng Kabataan
shall include the election of the counterparts of all
local elective and appointive officials, as well as
heads of national offices or agencies stationed or
assigned in the territorial jurisdiction of the local
government unit, among in-school and community
youth residing in the local government unit
concerned from ages thirteen (13) to seventeen
(17). During said week, they shall hold office as boy
and girl officials and shall perform such duties and
conduct such activities as may be provided in the
ordinance enacted pursuant to this Chapter
RA 7808 (1994) – An Act Resetting The Elections Of
SK Officials To The First Monday Of May 1996, And
Every (3) Years Thereafter, Amending For The
Purpose Section 532(A) Of RA7160 LGC of 1991
Sec1. Section 532(a) of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows: b
"Sec. 532. Elections for the Sangguniang
Kabataan. —
"(a) The first elections for the sangguniang
kabataan to be conducted under this Code shall be
held thirty (30) days after the next local elections:
Provided, That, the regular elections for the
sangguniang kabataan shall be held on the first
Monday of May 1996: Provided, further, That the
succeeding regular elections for the sangguniang
kabataan shall be held every three (3) years
thereafter: Provided, finally, That the national,
special metropolitan, provincial, city and municipal
federations of the sangguniang kabataan shall
conduct the election of their respective officers
thirty (30) days after the May 1996 sangguniang
kabataan elections on dates to be scheduled by the
Commission on Elections.
"The conduct of the sangguniang kabataan
elections shall be under the supervision of the
Commission on Elections.
"The Omnibus Election Code shall govern the
elections of the sangguniang kabataan."
Sec2. All laws, decrees, orders or administrative
rules and regulations or any part thereof which may
be inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.
Sec3. This Act shall take effect immediately after its
publication in at least two (2) national newspapers
of general circulation.
RA 8044 (1995) – An Act Creating The National
Youth Commission, Establishing A National
Comprehensive And Coordinated Program On Youth
Development, Appropriating Funds Therefor, And For
Other Purposes
Sec10. Functions of the Commission. — The
Commission shall have the following functions:
(a) To formulate and initiate the national policy or
policies on youth;
(b) To plan, implement, and oversee a national
integrated youth promotion and development
program;
(c) To establish a consultative mechanism which
shall provide a forum for continuing dialogue
between the government and the youth sector on
the proper planning and evaluation of policies,
programs and projects affecting the youth,
convening for the purpose, representatives of all
youth organizations and institutions, including the
sangguniang kabataan from barangay, municipal,
city, provincial and national levels;
(d) To assist and coordinate with governmental
and nongovernmental organizations or institutions
in the implementation of all laws, policies, programs
and projects relative to youth promotion and
development;
(e) To seek or request the assistance and
support of any government agency, office or
instrumentality including government-owned or
-controlled corporations, local government units as
well as nongovernmental organizations or
institutions in pursuance of its policies, programs
and projects;
(f) To conduct scientific interdisciplinary and
policy-oriented researches and studies on youth-
related matters, as well as trainings, seminars and
workshops that will enhance the skills and
leadership potentials of the youth, instilling in them
nationalism and patriotism, with particular
emphasis on Filipino culture and values;
(g) To establish and maintain linkages with
international youth and youth-serving organizations
or institutions and counterpart agencies of foreign
governments in order to facilitate and ensure the
participation of Filipino youth in international
functions and affairs;
(h) To administer youth exchange programs as
well as monitor and coordinate all foreign-
sponsored youth programs and projects such as
the Ship for Southeast Asia Youth Program and
other similar exchanges and goodwill missions;
(i) To establish such organizational structures
including regional offices, as may be required to
effectively carry out its functions;
(j) To conduct promotion and fund-raising
campaigns in accordance with existing laws;
(k) To allocate resources for the implementation
of youth programs and projects;
(l) To extend and provide support or assistance
to deserving youth and youth organizations
including scholarship grants;
(m) To register, establish and/or facilitate and
help in the establishment of the youth organizations
and youth-serving organizations;
(n) To participate in international youth fora,
symposia and organizations such as the
International Youth Forum, Asian Youth Council,
ASEAN Youth Forum, United Nations Commission
for International Youth Year (IYY) and other similar
bodies;
(o) To provide training and a national secretariat
for the Sangguniang Kabataan National Federation
pursuant to R.A No. 7160, otherwise known as the
Local Government Code;
(p) To submit an annual report on the
implementation of this Act to the President and to
Congress; and
(q) To perform such other functions as may be
necessary to effectively and efficiently carry out the
provisions of this Act.
RA 9164 (2002) – An Act Providing For Synchronized
Barangay And SK Elections, Amending RA7160, As
Amended, "LGC Of 1991", And For Other Purposes
Sec1. Date of Election. — There shall be
synchronized barangay and sangguniang kabataan
elections which shall be held on July 15, 2002.
Subsequent synchronized barangay and
sangguniang kabataan elections shall be held on
the last Monday of October and every three (3)
years thereafter.
Sec2. Term of Office. — The term of office of all
barangay and sangguniang kabataan officials after
the effectivity of this Act shall be three (3) years.
No barangay elective official shall serve for more
than three (3) consecutive terms in the same
position: Provided, however, that the term of office
shall be reckoned from the 1994 barangay
elections. Voluntary renunciation of office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official was elected.
Sec3. Registration. — For purposes of the July 15,
2002 synchronized barangay and sangguniang
kabataan elections provided under this Act, a
special registration of voters for the sangguniang
kabataan shall be fixed by the Commission on
elections (COMELEC). Subsequent registration of
barangay and sangguniang kabataan voters shall
be governed by RA8189.
Sec4. Assumption of Office. — The term of office of
the barangay and sangguniang kabataan officials
elected under this Act shall commence on August
15, 2002. The term of office of the barangay and
sangguniang kabataan officials elected in
subsequent elections shall commence at noon of
November 30, next following their election.
Sec5. Hold Over. — All incumbent barangay officials
and sangguniang kabataan officials shall remain in
office unless sooner removed or suspended for
cause until their successors shall have been
elected and qualified. The provisions of the
Omnibus Election Code relative to the failure of
elections and special elections are hereby
reiterated in this Act.
Sec6. Section 424 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
 "SECTION 424. Katipunan ng Kabataan. —
The katipunan ng kabataan shall be composed of
Filipino citizens actually residing in the barangay for
at least six (6) months, who are fifteen (15) but less
than eighteen (18) years of age on the day of the
election, and who are duly registered in the list of
the sangguniang kabataan or in the official
barangay list in the custody of the barangay
secretary."
Sec7. Section 428 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"Section 428. Qualifications. — An elective official
of the sangguniang kabataan must be a Filipino
citizen, a qualified voter of the katipunan ng
kabataan, a resident of the barangay for at least
one (1) year immediately prior to election, at least
fifteen (15) years but less than eighteen (18) years
of age on the day of the election, able to read and
write Filipino, English, or the local dialect, and must
not have been convicted of any crime involving
moral turpitude."
Sec9. Applicability of Other election Laws. — The
Omnibus Election Code and other existing election
laws, as far as practicable, shall apply to barangay
and sangguniang kabataan elections.
Alunan III vs. Mirasol (1997)
Facts:
COMELEC issued Resolution 2499, providing
guidelines for the holding of the general elections for
the SK on September 30, 1992. placing the SK
elections under the direct control and supervision of
the DILG, with the technical assistance of the
COMELEC.
Mirasol questioned the decision of the RTC nullifying
an order of the DILG w/c cancelled the general
elections for the SK on Dec ’92 in Manila on the
ground that the elections previously held on May ’90
served the purpose of the first SK elections under
LGC 1991.
Issue1: WON COMELEC can delegate the control
and supervision of the SK elections to DILG
Held:
YES. Resolution 2499, wherein COMELEC placed
the SK elections under the direct control and
supervision of the DILG, did not contravene the
provision in the Consti. that the COMELEC shall have
the power to "enforce and administer all laws and
regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall."
Elections for SK officers are not subject to the
supervision of the COMELEC in the same way that
contests involving elections of SK officials do not fall
within the jurisdiction of the COMELEC. The DILG
has since been in charge of SK then (KB) elections.
There is no abdication of COMELEC functions
because DILG supervision was to be exercised w/in
the framework of detailed and comprehensive rules
embodied in Res 2499. What was left to the DILG
was the enforcement of rules.
Issue2: WON the Sec of DILG can exempt an LGU
from holding elections for SK officers on Dec’92.
Held:
Yes. The authority to supervise the conduct of
election necessarily includes the authority to
determine which KB would not be included in the ’92
elections by virtue of Sec 532(d) of LGC. This
authority was nothing more than ascertainment of
fact of WON LGU had an SK election from 1988 up to
the effectivity of LGC.
NOTES:
Q: is this good law? Is SK elections under DILG?
A: No. RA 9164 or Omnibus Election Code is
applicable. Hence, SK elections is under COMELEC.
Associated Labor Unions vs. Letrondo (1994)
The election for members of the SK may properly be
considered “local election” w/in the meaning of the
CBA and the day on which it was to be held a
holiday. It was a nonworking holiday as announced in
the media. Proclamation No. 118 of President Ramos
declared the day as "a special day throughout the
country on the occasion of the Sangguniang
Kabataan Elections". A "special day" is a "special
holiday," as provided by the Administrative Code of
1987. The fact that only those between 15 and 21
take part in the election for members of the SK does
not make such election any less a regular local
election.
The phrase "general election" means regular local
and national elections. On the other hand, the term
"general elections" means, in the context of SK
elections, the regular elections for members of the
SK, as distinguished from the special elections for
such officers.
Miguel vs. CA (1994)
Under Art 210 (g)(3) of the IRR, the election of the 1 st
set of officers of the national and local chapters of the
Liga cannot be held unless a constitution and by-laws
for the Liga is first adopted and ratified by the
barangay national assembly. This was in several
opinions issued by the DILG. These pertinent issues
of the DILG are in the nature of executive
construction and are entitled to a great weight and
respect by the court.
Marquez vs. COMELEC (1999)
Facts:
Marquez & Santos ran for the position for SK
Chairman. Marquez won. Santos filed an election
protest before the MTC, on the ground that Marquez
was disqualified by age to be SK Chairman.
Marquez filed a MTD. He argued that the MTC had
no jurisdiction MTC denied MTD. election protest.
Issue: WON the MTC had jurisdiction over a
disqualification case of an SK Chairman, filed after
the elections
Held:
ANY contest relating to the election of members of
the SK (including the chairman) – whether pertaining
to their eligibility or the manner of election – is
cognizable by the MTCs.
COMELEC promulgated Resolution No. 2824, §49 of
which provided that the MTCs shall have original
jurisdiction over all election protect cases, whose
decision shall be final.
§6 of COMELEC Res. No. 2824, which provides: “…
Cases involving the eligibility or qualification of
candidates [of SK] shall be decided by the
city/municipal Election officer (EO) whose decision
shall be final”, applies only to the proceedings
BEFORE the election.
Hence the use of the word “candidates” in §6 and the
phrase “winning candidates” in §49. The distinction is
based on the principle that it is the proclamation
which marks off the jurisdiction of the courts from the
jurisdiction of the election officials.
NOTES:
Sir: If unhappy, go to COMELEC. Regardless of type
of office? Yes!
Garvida vs. Sales (1997)
Facts:
Garvida was born on 6/11/74. On the day she
registered as a voter for SK elections, she was 21 yrs
and 9 mos old. When she assumed office on 6/1/96
she was 10 days away from turning 22.
Issue: WON petitioner is qualified to be a voter and a
member of the SK
Held:
Garvida is qualified to be a member and to vote but
not as a candidate for election. LGC: distinction
between the maximum age of a member in the
Katipunan ng Kabataan and the maximum age of an
elective SK official. Section 424 of the Code sets a
member's maximum age at 21 years only. On the
other hand, Section 428 provides that the maximum
age of an elective SK official is 21 years old "on the
day of his election."
The phrase "not more than 21 years of age" means
not over 21 years, not beyond 21 years. It means 21
365-day cycles. It does not mean 21 years and one
or some days or a fraction of a year because that
would be more than 21 365-day cycles. "Not more
than 21 years old" is not equivalent to "less than 22
years old," contrary to petitioner's claims. The law
does not state that the candidate be less than 22
years on election day.
Zarate vs. COMELEC (1999)
Facts:
Lallave won over Zarate as SK chairman. Zarate
lodged an election protest before the MTC which
annulled the proclamation of Lallave, holding eight of
the 46 ballots of Lallave were declared marked.
Lallave appealed to the Comelec EN BANC, and
Comelec reversed MTC ruling
Held:
Comelec en banc has no jurisdiction. The appeal
must have been referred to a Division of the
Comelec. Referring the appeal to the Comelec en
banc transgressed Section 3, Article IX-C of the
Constitution which provides that “The COMELEC
may sit en banc or in division and shall promulgate its
rules of procedure in order to expedite disposition of
election cases, including pre-proclamation
controversies. All such election cases shall be heard
and decided in division, provided that motions for
reconsideration of decisions shall be decided by the
COMELEC En Banc.
Baytan vs. COMELEC (2003)
Facts:
During the registration period for the May 1998
elections, petitioners Baytan registered themselves
twice – one in Precinct No. 83-A and the other in
Precinct No. 129-A. The Election Officer (of Cavite
City) forwarded copies of petitioners’ voters’
registration records to the Provincial Election
Supervisor for evaluation. Eventually, the Law
Department endorsed the case back to the Provincial
Election Supervisor, who then recommended the
filing of an information for double registration against
petitioners. The Comelec en banc affirmed the
recommendation of the Provincial Eleciton
Supervisor. MFR denied.
Issue: WON THE COMELEC EN BANC’S
ASSUMPTION OF ORIGINAL JURISDICTION OVER
THE CASE VIOLATEDTHE CONSTITUTION
Held:
No. Comelec exercises both administrative and
quasi-judicial function. As regards Comelec’s
administrative powers, the Constitution does not
prescribe how they should be exercised, i.e. whether
en banc or in division. The Constitution merely vests
the Comelec’s administrative powers in the
“COMELEC while providing that the Comelec may sit
en banc or in division. As regards its quasi-judicial,
Comelec is mandated to hear and decide cases first
by division, and then, upon MFR, by the Comelec en
banc.
Clearly, Comelec en banc can act directly on matters
falling within its administrative powers. The
prosecution of election law violators involves the
exercises of the Comelec’s ADMINISTRATIVE
POWERS. There is no constitutional requirement that
the filing of the criminal information be first decided
by any of the divisions of the Comelec.
Montesclaros vs. COMELEC (2002)
Facts:
PD684 established Kabataang Barangay (SK now)
which was composed of all barangay residents less
than 18yrs old without any specified minimum age, to
provide its members opportunity to express their
views and opinions on issues of transcendental
importance.
Dec4, 1992 – 1st SK elections. It was Reset.
RA9164 providing that voters and candidates for SK
elections must be “at least 15 but less than 18years
of age on day of election”, and a synchronized SK
and Barangay elections on July15, 2002.
May6,2002 SK elections and May13 Barangay
elections were not held as scheduled.
COMELEC promulgated Resolution4846 for conduct
of July15,2002 synchronized elections.
Held:
Court has no power to dictate to Congress the object
or subject of bills to be enacted into law – it would
destroy the system of checks and balances in the
Constitution. With the passage of RA9164, the right
originally conferred to those 15-21 has been limited
to those who on the date of SK elections are 15-18.
The new law restricted the membership – they no
longer fall within the classification and have ceased
to be SK members.
SK membership is not a property right protected by
the Constitution because it is a mere statutory right
conferred by law. Congress has the power to
prescribe the qualifications for SK membership. It
may amend at any time the law to change or even
withdraw the statutory right. State policy to
encourage the youth’s involvement in public affairs
refers to those who belong to the class of people
defined as the youth – and Congress has defined and
limited it.
RA9164 is Constitutional!
See COMELEC Resolution No. 00-0046 (2000)
Thus, after the above rulings, it is clear that the
limited instances where the SC approved the
assumption of jurisdiction by the COMELEC En Banc
as follows:
I. Special Action Cases
1. Petitions for postponement or suspension of
elections.
2. Petitions to declare failure of election or to annul
election
II. Special cases
1. petition to declare illegal the composition of
proceedings of local canvassers
2. petitions to correct manifest errors
Further, these are petitions which require actions of
the commission en banc on the basis of the
constitutional mandate to enforce and administer all
laws relative to the conduct of elections, plebescites
and initiative to wit:
I. Special proceedings cases
1. petition for annulment of permanent list of voters
2. petitions for accreditation of citizen’s arms
II. Election Matters
1. Recall elections
2 Initiative
3. Pleadings
4. Other contentious matters in exercise of
administrative, supervisory, and regulatory powers of
the Constitution (not falling in the above enumeration)
III. Motu Proprio action of the Commission in
disqualifying candidates.
Municipality – LGC
CHAPTER I: Role and Creation of the Municipality
Sec440. Role of the Municipality. — The
municipality, consisting of a group of barangays,
 serves primarily as a general purpose government
for the coordination and delivery of basic, regular
and direct services and effective governance of the
inhabitants within its territorial jurisdiction.
Sec441. Manner of Creation. — A
municipality may be created, divided, merged,
abolished, or its boundary substantially altered only
by an Act of Congress and subject to the approval
by a majority of the votes cast in a plebiscite to be
conducted by the COMELEC in the local
government unit or units directly affected. Except
as may otherwise be provided in the said Act, the
plebiscite shall be held within one hundred twenty
(120) days from the date of its effectivity.
Sec442. Requisites for Creation. —
(a) A municipality may be created if it has an
average annual income, as certified by the
provincial treasurer, of at least Two million five
hundred thousand pesos (P2,500,000.00) for the
last two (2) consecutive years based on the 1991
constant prices; a population of at least twenty-five
thousand (25,000) inhabitants as certified by the
National Statistics Office; and a contiguous territory
of at least fifty (50) square kilometers as certified by
the Lands Management Bureau: Provided, That the
creation thereof shall not reduce the land area,
population or income of the original municipality or
municipalities at the time of said creation to less
than the minimum requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
municipality shall be properly identified by metes
and bounds. The requirement on land area shall
not apply where the municipality proposed to be
created is composed of one (1) or more islands.
The territory need not be contiguous if it comprises
two (2) or more islands.
(c) The average annual income shall include the
income accruing to the general fund of the
municipality concerned, exclusive of special funds,
transfers and non-recurring income.
(d) Municipalities existing as of the date of the
effectivity of this Code shall continue to exist and
operate as such. Existing municipal districts
organized pursuant to presidential issuances or
executive orders and which have their respective
set of elective municipal officials holding office at
the time of the effectivity of this Code shall
henceforth be considered as regular municipalities.
CHAPTER II: Municipal Officials in General
Sec443. Officials of the Municipal
Government. —
(a) There shall be in each municipality a
municipal mayor, a municipal vice-mayor,
sangguniang bayan members, a secretary to the
sangguniang bayan, a municipal treasurer, a
municipal assessor, a municipal accountant, a
municipal budget officer, a municipal planning and
development coordinator, a municipal
engineer/building official, a municipal health officer
and a municipal civil registrar.
(b) In addition thereto, the mayor may appoint a
municipal administrator, a municipal legal officer, a
municipal agriculturist, a municipal environment
and natural resources officer, a municipal social
welfare and development officer, a municipal
architect, and a municipal information officer.
(c) The sangguniang bayan may:
(1) Maintain existing offices not mentioned in
subsections (a) and (b) hereof;
(2) Create such other offices as may be
necessary to carry out the purposes of the
municipal government; or
(3) Consolidate the functions of any office with
those of another in the interest of efficiency
and economy.
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
municipal mayor with the concurrence of the
majority of all the sangguniang bayan members,
subject to civil service law, rules and regulations.
The sangguniang bayan shall act on the
appointment within fifteen (15) days from the date
of its submission; otherwise, the same shall be
deemed confirmed.
(e) Elective and appointive municipal officials
shall receive such compensation, allowances and
other emoluments as may be determined by law or
ordinance, subject to the budgetary limitations on
personal services as prescribed in Title Five, Book
Two of this Code: Provided, That no increase in
compensation of the mayor, vice-mayor, and
sangguniang bayan members shall take effect until
after the expiration of the full term of all the elective
local officials approving such increase.
CHAPTER III: Officials and Offices Common to All
Municipalities
ARTICLE I: The Municipal Mayor
Sec444. The Chief Executive: Powers,
Duties, Functions and Compensation. —
(a) The municipal mayor, as the chief executive
of the municipal government, shall exercise such
powers and performs such duties and functions as
provided by this Code and other laws.
(b) For efficient, effective and economical
governance the purpose of which is the general
welfare of the municipality and its inhabitants
pursuant to Section 16 of this Code, the municipal
mayor shall:
(1) Exercise general supervision and control
over all programs, projects, services, and
activities of the municipal government, and in
this connection, shall:
(i) Determine the guidelines of
municipal policies and be responsible to the
sangguniang bayan for the program of
government;
(ii) Direct the formulation of the
municipal development plan, with the
assistance of the municipal development
council, and upon approval thereof by the
sangguniang bayan, implement the same;
(iii) At the opening of the regular session
of the sangguniang bayan for every calendar
year and, as may be deemed necessary,
present the program of government and
propose policies and projects for the
consideration of the sangguniang bayan as
the general welfare of the inhabitants and the
needs of the municipal government may
require;
(iv) Initiate and propose legislative
measures to the sangguniang bayan and,
from time to time as the situation may
require, provide such information and data
needed or requested by said sanggunian in
the performance of its legislative functions;
(v) Appoint all officials and employees
whose salaries and wages are wholly or
mainly paid out of municipal funds and
whose appointments are not otherwise
provided for in this Code, as well as those he
may be authorized by law to appoint;
(vi) Upon authorization by the
sangguniang bayan, represent the
municipality in all its business transactions
and sign on its behalf all bonds, contracts,
and obligations, and such other documents
made pursuant to law or ordinance;
(vii) Carry out such emergency measures
as may be necessary during and in the
aftermath of man-made and natural disasters
and calamities;
(viii) Determine, according to law or
ordinance, the time, manner and place of
payment of salaries or wages of the officials
and employees of the municipality;
(ix) Allocate and assign office space to
municipal and other officials and employees
who, by law or ordinance, are entitled to such
space in the municipal hall and other
buildings owned or leased by the municipal
government;
(x) Ensure that all executive officials and
employees of the municipality faithfully
discharge their duties and functions as
provided by law and this Code, and cause to
be instituted administrative or judicial
proceedings against any official or employee
of the municipality who may have committed
as offense in the performance of his official
duties;
(xi) Examine the books, records and
other documents of all offices, officials,
agents or employees of the municipality and
in aid of his executive powers and authority,
require all national officials and employees
stationed in or assigned to the municipality to
make available to him such books, records,
and other documents in their custody, except
those classified by law as confidential;
(xii) Furnish copies of executive orders
issued by him to the provincial governor
within seventy-two (72) hours after their
issuance: Provided, That municipalities of
Metropolitan Manila Area and that of any
metropolitan political subdivision shall furnish
copies of said executive orders to the
metropolitan authority council chairman and
to the Office of the President;
(xiii) Visit component barangays of the
municipality at least once every six (6)
months to deepen his understanding of
problems and conditions therein, listen and
give appropriate counsel to local officials and
inhabitants, inform the component barangay
officials and inhabitants of general laws and
ordinances which especially concern them,
and otherwise conduct visits and inspections
to the end that the governance of the
municipality will improve the quality of life of
the inhabitants;
(xiv) Act on leave applications of officials
and employees appointed by him and the
commutation of the monetary value of leave
credits according to law;
(xv) Authorize official trips outside of the
municipality of municipal officials and
employees for a period not exceeding thirty
(30) days;
(xvi) Call upon any national official or
employee stationed in or assigned to the
municipality to advise him on matters
affecting the municipality and to make
recommendations thereon, or to coordinate
in the formulation and implementation of
plans, programs and projects, and when
appropriate, initiate an administrative or
judicial action against a national government
official or employee who may have
committed an offense in the performance of
his official duties while stationed in or
assigned to the local government unit
concerned;
(xvii) Subject to availability of funds,
authorize payment of medical care,
necessary transportation, subsistence,
hospital or medical fees of municipal officials
and employees who are injured while in the
performance of their official duties and
functions;
(xviii) Solemnize marriages, any provision
of law to the contrary notwithstanding;
(xix) Conduct a palarong bayan, in
coordination with the Department of
Education, Culture and Sports, as an annual
activity which shall feature traditional sports
 and disciplines included in national and
international games; and
(xx) Submit to the provincial governor the
following reports: an annual report containing
a summary of all matters pertaining to the
management, administration and
development of the municipality and all
information and data relative to its political,
social and economic conditions; and
supplemental reports when unexpected
events and situations arise at any time during
the year, particularly when man-made or
natural disasters or calamities affect the
general welfare of the municipality, province,
region or country. mayors of municipalities of
the Metropolitan Manila Area and other
metropolitan political subdivisions shall
submit said reports to their respective
metropolitan council chairmen and to the
Office of the President;
(2) Enforce all laws and ordinances relative to
the governance of the municipality and the
exercise of its corporate powers provided for
under Section 22 of this Code implement all
approved policies, programs, projects,
services and activities of the municipality
and, in addition to the foregoing, shall:
(i) Ensure that the acts of the
municipality's component barangays and of
its officials and employees are within the
scope of their prescribed powers, functions,
duties and responsibilities;
(ii) Call conventions, conferences,
seminars or meetings of any elective and
appointive officials of the municipality,
including provincial officials and national
officials and employees stationed in or
assigned to the municipality at such time and
place and on such subject as he may deem
important for the promotion of the general
welfare of the local government unit and its
inhabitants;
(iii) Issue such executive orders as are
necessary for the proper enforcement and
execution of laws and ordinances;
(iv) Be entitled to carry the necessary
firearm within his territorial jurisdiction;
(v) Act as the deputized representative
of the National Police Commission, formulate
the peace and order plan of the municipality
and upon its approval implement the same
and exercise general and operational control
and supervision over the local police in the
municipality in accordance with R.A. No
6975;
(vi) Call upon the appropriate law
enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or sedition or
to apprehend violators of the law when public
interest so requires and the municipal police
forces are inadequate to cope with the
situation or the violators;
(3) Initiate and maximize the generation of
resources and revenues, and apply the same
to the implementation of development plans,
program objectives and priorities as provided
for under Section 18 of this Code, particularly
those resources and revenues programmed
for gro-industrial development and country-
wide growth and progress, and relative
thereto, shall:
(i) Require each head of an office or
department to prepare and submit an
estimate of appropriations for the ensuing
calendar year, in accordance with the budget
preparation process under Title Five, Book II
of this Code;
(ii) Prepare and submit to the
sanggunian for approval the executive and
supplemental budgets of the municipality for
the ensuing calendar year in the manner
provided for under Title Five, Book II of this
Code;
(iii) Ensure that all taxes and other
revenues of the municipality are collected
and that municipal funds are applied in
accordance with law or ordinance to the
payment of expenses and settlement of
obligations of the municipality;
(iv) Issue licenses and permits and
suspend or revoke the same for any violation
of the conditions upon which said licenses or
permits had been issued, pursuant to law or
ordinance;
(v) Issue permits, without need of
approval therefor from any national agency,
for the holding of activities for any charitable
or welfare purpose, excluding prohibited
games of chance or shows contrary to law,
public policy and public morals;
(vi) Require owners of illegally
constructed houses, buildings or other
structures to obtain the necessary permit,
subject to such fines and penalties as may
be imposed by law or ordinance, or to make
necessary changes in the construction of the
same when said construction violates any
law or ordinance, or to order the demolition
or removal of said house, building or
structure within the period prescribed by law
or ordinance;
(vii) Adopt adequate measures to
safeguard and conserve land, mineral,
marine, forest, and other resources of the
municipality; provide efficient and effective
property and supply management in the
municipality; and protect the funds, credits,
rights and other properties of the
municipality; and
 (viii) Institute or cause to be instituted
administrative or judicial proceedings for
violation of ordinances in the collection of
taxes, fees or charges, and for the recovery
of funds and property; and cause the
municipality to be defended against all suits
to ensure that its interests, resources and
rights shall be adequately protected;
(4) Ensure the delivery of basic services and the
provision of adequate facilities as provided
for under Section 17 of this Code and, in
addition thereto, shall:
(i) Ensure that the construction and
repair of roads and highways funded by the
national government shall be, as far as
practicable, carried out in a spatially
contiguous manner and in coordination with
the construction and repair of the roads and
bridges of the municipality and the province;
and
(ii) Coordinate the implementation of
technical services rendered by national and
provincial offices, including public works and
infrastructure programs in the municipality;
and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(c) During his incumbency, the municipal mayor
shall hold office in the municipal hall.
(d) The municipal mayor shall receive a
minimum monthly compensation corresponding to
Salary Grade twenty-seven (27) as prescribed
under R.A. No. 6758 and the implementing
guidelines issued pursuant thereto.
ARTICLE II: The Vice Mayor
Sec445. Powers, Duties and
Compensation. —
(a) The vice-mayor shall:
(1) Be the presiding officer of the sangguniang
bayan and sign all warrants drawn on the
municipal treasury for all expenditures
appropriated for the operation of the
sangguniang bayan;
(2) Subject to civil service law, rules and
regulations, appoint all officials and
employees of the sangguniang bayan, except
those whose manner of appointment is
specifically provided in this Code;
(3) Assume the office of the municipal mayor for
the unexpired term of the latter in the event
of permanent vacancy as provided for in
Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties
and functions of the municipal mayor in
cases of temporary vacancy as provided for
in Section 46, Book I of this Code; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The vice-mayor shall receive a monthly
compensation corresponding to Salary Grade
twenty five (25) as prescribed under R.A. No. 6758
and the implementing guidelines issued pursuant
thereto.
ARTICLE III: The Sangguniang Bayan
Sec446. Composition. —
(a) The sangguniang bayan, the legislative body
of the municipality, shall be composed of the
municipal vice mayor as the presiding officer, the
regular sanggunian members, the president of the
municipal chapter of the liga ng mga barangay, the
president of the pambayang pederasyon ng mga
sangguniang kabataan, and the sectoral
representatives, as members.
(b) In addition thereto, there shall be three (3)
sectoral representatives: one (1) from the women;
and as shall be determined by the sanggunian
concerned within ninety (90) days prior to the
holding of local elections, one (1) from the
agricultural or industrial workers, and one (1) from
other sectors, including the urban poor, indigenous
cultural communities, or disabled persons.
(c) The regular members of the sangguniang
bayan and the sectoral representatives shall be
elected in the manner as may be provided for by
law.
Sec447. Powers, Duties, Functions and
Compensation. —
(a) The sangguniang bayan, as the legislative
body of the municipality, shall enact ordinances,
approve resolutions and appropriate funds for the
general welfare of the municipality and its
inhabitants pursuant to Section 16 of this Code and
in the proper exercise of the corporate powers of
the municipality as provided for under Section 22 of
this Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective
municipal government, and in this connection
shall:
(i) Review all ordinances approved by
the sangguniang barangay and executive
orders issued by the punong barangay to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the punong barangay;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a fine
not exceeding Two thousand five hundred
pesos (P2,500.00) or an imprisonment for a
period not exceeding six (6) months, or both
in the discretion of the court, for the violation
of a municipal ordinance;
(iv) Adopt measures to protect the
inhabitants of the municipality from the
harmful effects of man-made or natural
disasters and calamities and to provide relief
services and assistance for victims during
and in the aftermath of said disasters or
calamities and their return to productive
livelihood following said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
such other activities inimical to the welfare
and morals of the inhabitants of the
municipality;
(vi) Protect the environment and impose
appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;
(vii) Subject to the provisions of this Code
and pertinent laws, determine the powers
and duties of officials and employees of the
municipality;
(viii) Determine the positions and salaries,
wages, allowances and other emoluments
and benefits of officials and employees paid
wholly or mainly from municipal funds and
provide for expenditures necessary for the
proper conduct of programs. projects,
services, and activities of the municipal
government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefor, to ensure the
safety and protection of all municipal
government property, public documents, or
records such as those relating to property
inventory, land ownership, records of births,
marriages, deaths, assessments, taxation,
accounts, business permits, and such other
records and documents of public interest in
the offices and departments of the municipal
government;
(xi) When the finances of the municipal
government allow, provide for additional
allowances and other benefits to judges,
prosecutors, public elementary and high
school teachers, and other national
government officials stationed in or assigned
to the municipality;
(xii) Provide for legal assistance to
barangay officials who, in the performance of
their official duties or on the occasion thereof,
have to initiate judicial proceedings or defend
themselves against legal action; and
(xii) Provide for group insurance or
additional insurance coverage for barangay
officials, including members of barangay
tanod brigades and other service units, with
public or private insurance companies, when
the finances of the municipal government
allow said coverage.
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the
municipality as provided for under Section 18
of this Code with particular attention to agro-
industrial development and countryside
growth and progress, and relative thereto,
shall:
(i) Approve the annual and
supplemental budgets of the municipal
government and appropriate funds for
specific programs, projects, services and
activities of the municipality, or for other
purposes not contrary to law, in order to
promote the general welfare of the
municipality and its inhabitants;
(ii) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang bayan, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book II of
this Code and upon the majority vote of all
the members of the sangguniang bayan,
authorize the municipal mayor to negotiate
and contract loans and other forms of
indebtedness;
(iv) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang bayan, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the purpose
of raising funds to finance development
projects;
(v) Appropriate funds for the
construction and maintenance or the rental of
buildings for the use of the municipality and,
upon the majority vote of all the members of
the sangguniang bayan, authorize the
municipal mayor to lease to private parties
such public buildings held in a proprietary
capacity, subject to existing laws, rules and
regulations;
(vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the municipality:
(vii) Adopt a comprehensive land use
plan for the municipality: Provided, That the
formulation, adoption, or modification of said
plan shall be in coordination with the
approved provincial comprehensive land use
plan;
(viii) Reclassify land within the jurisdiction
of the municipality, subject to the pertinent
provisions of this Code;
(ix) Enact integrated zoning ordinances
in consonance with the approved
comprehensive land use plan, subject to
existing laws, rules and regulations;
established fire limits or zones, particularly in
populous centers; and regulate the
construction, repair or modification of
buildings within said fire limits or zones in
accordance with the provisions of this Code;
(x) Subject to national law, process and
approve subdivision plans for residential,
commercial, or industrial purposes and other
development purposes, and collect
processing fees and other charges the
proceeds of which shall accrue entirely to the
municipality: Provided, however, That, where
approval by a national agency or office is
required, said approval shall not be withheld
for more than thirty (30) days from receipt of
the application. Failure to act on the
application within the period stated above
shall be deemed as approval thereof;
(xi) Subject to the provisions of Book II of
this Code, grant the exclusive privilege of
constructing fish corrals or fish pens, or the
taking or catching of bangus fry, prawn fry or
kawag-kawag of fry of any species or fish
within the municipal waters;
(xii) With the concurrence of at least two-
thirds (2/3) of all the members of the
sangguniang bayan, grant tax exemptions,
incentives or reliefs to entities engaged in
community growth-inducing industries,
subject to the provisions of Chapter 5, Title I,
Book II of this Code.
(xiii) Grant loans or provide grants to
other local government units or to national,
provincial and municipal charitable,
benevolent or educational institutions:
Provided, That said institutions are operated
and maintained within the municipality;
(xiv) Regulate the numbering of
residential, commercial and other buildings;
and
(xv) Regulate the inspection, weighing
and measuring of articles of commerce.
(3) Subject to the provisions of Book II of this
Code, grant franchises, enact ordinances
authorizing the issuance of permits or
licenses, or enact ordinances levying taxes,
fees and charges upon such conditions and
for such purposes intended to promote the
general welfare of the inhabitants of the
municipality, and pursuant to this legislative
authority shall:
(i) Fix and impose reasonable fees and
charges for all services rendered by the
municipal government to private persons or
entities;
(ii) Regulate any business, occupation,
or practice of profession or calling which
does not require government examination
within the municipality and the conditions
under which the license for said business or
practice of profession may be issued or
revoked;
(iii) Prescribe the terms and conditions
under which public utilities owned by the
municipality shall be operated by the
municipal government or leased to private
persons or entities, preferably cooperatives;
cd
(iv) Regulate the display of and fix the
license fees for signs, signboards, or
billboards at the place or places where the
profession or business advertised thereby is,
in whole or in part, conducted;
(v) Any law to the contrary
notwithstanding, authorize and license the
establishment, operation, and maintenance
of cockpits, and regulate cockfighting and
commercial breeding of gamecocks:
Provided, That existing rights should not be
prejudiced;
(vi) Subject to the guidelines prescribed
by the Department of Transportation and
Communications, regulate the operation of
tricycles and grant franchises for the
operation thereof within the territorial
jurisdiction of the municipality;
(vii) Upon approval by a majority vote of
all the members of the sangguniang bayan,
grant a franchise to any person, partnership,
corporation, or cooperative to establish,
construct, operate and maintain ferries,
 wharves, markets or slaughterhouses, or
such other similar activities within the
municipality as may be allowed by applicable
laws: Provided, That, cooperatives shall be
given preference in the grant of such a
franchise.
(4) Regulate activities relative to the use of land,
buildings and structures within the
municipality in order to promote the general
welfare and for said purpose shall:
(i) Declare, prevent or abate any
nuisance;
(ii) Require that buildings and the
premises thereof and any land within the
municipality be kept and maintained in a
sanitary condition; impose penalties for any
violation thereof, or upon failure to comply
with said requirement, have the work done
and require the owner, administrator or
tenant concerned to pay the expenses of the
same; or require the filling up of any land or
premises to a grade necessary for proper
sanitation;
(iii) Regulate the disposal of clinical and
other wastes from hospitals, clinics and other
similar establishments;
(iv) Regulate the establishment,
operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses, and
other similar establishments, including tourist
guides and transports;
(v) Regulate the sale, giving away or
dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail
outlet;
(vi) Regulate the establishment and
provide for the inspection of steam boilers or
any heating device in buildings and the
storage of inflammable and highly
combustible materials within the municipality;
(vii) Regulate the establishment,
operation, and maintenance of entertainment
or amusement facilities, including theatrical
performances, circuses, billiards pools, public
dancing schools, public dance halls, sauna
baths, massage parlors, and other places of
entertainment or amusement; regulate such
other events or activities for amusement or
entertainment, particularly those which tend
to disturb the community or annoy the
inhabitants, or require the suspension or
suppression of the same; or, prohibit certain
forms of amusement or entertainment in
order to protect the social and moral welfare
of the community;
(viii) Provide for the impounding of stray
animals; regulate the keeping of animals in
homes or as part of a business, and the
slaughter, sale or disposition of the same;
and adopt measures to prevent and penalize
cruelty to animals; and
(ix) Regulate the establishment,
operation, and maintenance of funeral
parlors and the burial or cremation of the
dead, subject to existing laws, rules and
regulations.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code, and in addition to
said services and facilities, shall:
(i) Provide for the establishment,
maintenance, protection, and conservation of
communal forests and watersheds, tree
parks, greenbelts, mangroves, and other
similar forest development projects;
(ii) Establish markets, slaughterhouses
or animal corrals and authorize the operation
thereof, and regulate the construction and
operation of private markets, talipapas or
other similar buildings and structures;
(iii) Authorize the establishment,
maintenance and operation of ferries,
wharves, and other structures, and marine
and seashore or offshore activities intended
to accelerate productivity;
(iv) Regulate the preparation and sale of
meat, poultry, fish, vegetables, fruits, fresh
dairy products, and other foodstuffs for public
consumption;
(v) Regulate the use of streets, avenues,
alleys, sidewalks, bridges, parks and other
public places and approve the construction,
improvement, repair and maintenance of the
same; establish bus and vehicle stops and
terminals or regulate the use of the same by
privately-owned vehicles which serve the
public; regulate garages and the operation of
conveyances for hire; designate stands to be
occupied by public vehicles when not in use;
regulate the putting up of signs, signposts,
awnings and awning posts on the streets;
provide for the lighting, cleaning and
sprinkling of streets and public places;
(vi) Regulate traffic on all streets and
bridges, prohibit the putting up of
encroachments or obstacles thereon, and,
when necessary in the interest of public
welfare, authorize the removal of
encroachments and illegal constructions in
public places;
(vii) Subject to existing laws, provide for
the establishment, operation, maintenance,
and repair of an efficient waterworks system
to supply water for the inhabitants; regulate
the construction, maintenance, repair and
use of hydrants, pumps, cisterns and
reservoirs; protect the purity and quantity of
the water supply of the municipality and, for
this purpose, extend the coverage of
appropriate ordinances over all territory
within the drainage area of said water supply
and within one hundred (100) meters of the
reservoir, conduit, canal, aqueduct, pumping
station, or watershed used in connection with
the water service; and regulate the
consumption, use or wastage of water;
(viii) Regulate the drilling and excavation
of the ground for laying of water, gas, sewer,
and other pipes and the construction, repair
and maintenance of public drains, sewers,
cesspools, tunnels and similar structures;
regulate the placing of poles and the use of
crosswalks, curbs, and gutters; adopt
measures to ensure public safety against
open canals, manholes, live wires and other
similar hazards to life and property; and
regulate the construction and use of private
water closets, privies and other similar
structures in buildings and homes;
(ix) Regulate the placing, stringing,
attaching, installing, repair and construction
of all gas mains, electric, telegraph and
telephone wires, conduits, meters and other
apparatus; and, provide for the correction,
condemnation or removal of the same when
found to be dangerous, defective or
otherwise hazardous to the welfare of the
inhabitants;
(x) Subject to the availability of funds
and to existing laws, rules and regulations,
establish and provide for the operation of
vocational and technical schools and similar
post-secondary institutions and, with the
approval of the Department of Education.
Culture and Sports, fix and collect
reasonable fees and other school charges on
said institutions, subject to existing laws on
tuition fees;
(xi) Establish a scholarship fund for poor
but deserving students residing within the
municipality in schools located within its
jurisdiction;
(xii) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases;
(xiii) Provide for an efficient and effective
system of solid waste and garbage collection
disposal and prohibit littering and the placing
or throwing of garbage, refuse and other filth
and wastes;
(xiv) Provide for the care of paupers, the
aged, the sick, persons of unsound mind,
disabled persons, abandoned minors,
juvenile delinquents, drug dependents,
abused children and other needy and
disadvantaged persons, particularly children
and youth below eighteen (18) years of age
and, subject to availability of funds, establish
and provide for the operation of centers and
facilities for said needy and disadvantaged
persons;
(xv) Establish and provide for the
maintenance and improvement of jails and
detention centers, institute sound jail
management programs, and appropriate
funds for the subsistence of detainees and
convicted prisoners in the municipality;
(xvi) Establish a municipal council whose
purpose is the promotion of culture and the
arts, coordinate with government agencies
and non-governmental organizations and,
subject to the availability of funds,
appropriate funds for the support and
development of the same; and
(xvi) Establish a municipal council for the
orderly which shall formulate policies and
adopt measures mutually beneficial to the
elderly and to the community; provide
incentives for non-governmental agencies
and entities and, subject to the availability of
funds, appropriate funds to support programs
and projects for the benefit of the elderly; and
(6) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang bayan
shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-four (24) as
prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto:
Provided, That, in municipalities in Metropolitan
Manila Area and other metropolitan political
subdivisions, members of the sangguniang bayan
shall receive a minimum monthly compensation
corresponding to Salary grade twenty-five (25).
Olivarez vs. Sandiganbayan (1995)
Facts:
Parañaque Mayor Olivarez was charged by the
Baclaran Credit Coop Inc (BCCI) w/ a violation of the
anti-graft and corrupt practices law, for unreasonably
refusing to issue a mayor’s permit despite their
application and the SB resolution authorizing the
BCCI to set up a night manufacturer’s fair during the
Christmas Fiesta Celebration. One of the grounds in
the MTD filed by petitioner was that he had no
authority to act on the letter-application of BCCI.
Issue: WON the mayor has the authority to issue
permits
Held:
Yes, as mayor, he has authority over the officials
referred to, and he could take appropriate action on
the letter-application even though it did not strictly
follow the normal procedure. He could refer it to the
licensing department. He is expressly authorized and
has the power to issue permits and licenses for the
holding of activities for any charitable or welfare
purpose (Sec444(b)(3)(iv and v) of LGC). He cannot
feign total lack of authority to act on letter-application
of BCCI.
The City – LGC
CHAPTER I: Role and Creation of the City
Sec448. Role of the City. — The city,
consisting of more urbanized and developed
barangays. serves as a general purpose
government for the coordination and delivery of
basic, regular, and direct services and effective
governance of the inhabitants within its territorial
jurisdiction.
Sec449. Manner of Creation. — A city may
be created, divided, merged, abolished, or its
boundary substantially altered, only by an Act of
Congress, and subject to approval by a majority of
the votes cast in a plebiscite to be conducted by
the COMELEC in the local government unit or units
directly affected. Except as may otherwise be
provided in such Act. the plebiscite shall be held
within one hundred twenty (120) days from the date
of its effectivity.
Sec450. Requisites for Creation. —
(a) A municipality or a cluster of barangays may
be converted into a component city if it has an
average annual income, as certified by the
Department of Finance, of at least Twenty million
(P20,000,000.00) for the last two (2) consecutive
years based on 1991 constant prices, and if it has
either of the following requisites:
(i) a contiguous territory of at least one hundred
(100) square kilometers, as certified by the
Lands Management Bureau; or
(ii) a population of not less than one hundred
fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office:
Provided, That, the creation thereof shall not
reduce the land area, population, and income of the
original unit or units at the time of said creation to
less than the minimum requirements prescribed
herein.
(b) The territorial jurisdiction of a newly-created
city shall be properly identified by metes and
bounds. The requirement on land area shall not
apply where the city proposed to be created is
composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or
more islands.
(c) The average annual income shall include the
income accruing to the general fund, exclusive of
specific funds, transfers, and non-recurring income.
Sec451. Cities, Classified. — A city may
either be component or highly urbanized: Provided,
however, That the criteria established in this Code
shall not affect the classification and corporate
status of existing cities.
Independent component cities are those
component cities whose charters prohibit their
voters from voting for provincial elective officials.
Independent component cities shall be independent
of the province.
Sec452. Highly Urbanized Cities. —
(a) Cities with a minimum population of two
hundred thousand (200,000) inhabitants as certified
by the National Statistics Office, and within the
latest annual income of at least Fifty Million Pesos
(P50,000,000.00) based on 1991 constant prices,
as certified by the city treasurer, shall be classified
as highly urbanized cities.
(b) Cities which do not meet above requirements
shall be considered component cities of the
province in which they are geographically located.
If a component city is located within the boundaries
of two (2) or more provinces, such city shall be
considered a component of the province of which it
used to be a municipality.
(c) Qualified voters of highly urbanized cities
shall remain excluded from voting for elective
provincial officials.
Unless otherwise provided in the Constitution or
this Code, qualified voters of independent
component cities shall be governed by their
respective charters, as amended, on the
participation of voters in provincial elections.
Qualified voters of cities who acquired the right to
vote for elective provincial officials prior to the
classification of said cities as highly-urbanized after
the ratification of the Constitution and before the
effectivity of this Code, shall continue to exercise
such right.
Sec453. Duty to Declare Highly Urbanized
Status. — It shall be the duty of the President to
declare a city as highly urbanized within thirty (30)
days after it shall have met the minimum
requirements prescribed in the immediately
preceding section, upon proper application therefor
and ratification in a plebiscite by the qualified voters
therein.
CHAPTER II: City Officials in General
Sec454. Officials of the City Government.
—
(a) There shall be in each city a mayor, a vice-
mayor, sangguniang panlungsod members, a
secretary to the sangguniang panlungsod, a city
 treasurer, a city assessor, a city accountant, a city
budget officer, a city planning and development
coordinator, a city 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 officer, and a city general services
officer.
(b) In addition thereto, the city mayor may
appoint a city architect, a city information officer, a
city agriculturist, a city population officer, a city
environment and natural resources officer, and a
city cooperatives officer.
The appointment of a city population officer shall be
optional in the city: Provided, however, That cities
which have existing population offices shall
continue to maintain such offices for a period of five
(5) years from the date of the effectivity of this
Code, after which said offices shall become
optional.
(c) The sangguniang panlungsod may:
(1) Maintain existing offices not mentioned in
subsections (a) and (b) hereof;
(2) Create such other offices as may be
necessary to carry out the purposes of the
city government; or
(3) Consolidate the functions of any office with
those of another in the interest of efficiency
and economy.
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
city mayor with the concurrence of the majority of
all the sangguniang panlungsod members, subject
to civil service law, rules and regulations. The
sangguniang panlungsod shall act on the
appointment within fifteen (15) days from the date
of its submission, otherwise the same shall be
deemed confirmed.
(e) Elective and appointive city officials shall
receive such compensation, allowances, and other
emoluments as may be determined by law or
ordinance, subject to the budgetary limitations on
personal services prescribed under Title Five, Book
II of this Code: Provided, That, no increase in
compensation of the mayor, vice-mayor and
sangguniang panlungsod members shall take effect
until after the expiration of the full term of the said
local officials approving such increase.
CHAPTER III: Officials and Offices Common to All
Cities
ARTICLE I: The City Mayor
Sec455. Chief Executive; Powers, Duties
and Compensation. — (a) The city mayor, as
chief executive of the city government, shall
exercise such powers and perform such duties and
functions as provided by this Code and other laws.
(b) For efficient, effective and economical
governance the purpose of which is the general
welfare of the city and its inhabitants pursuant to
Section 16 of this Code, the city mayor shall:
(1) Exercise general supervision and control
over all programs, projects, services, and
activities of the city government. and in this
connection, shall:
(i) Determine the guidelines of city
policies and be responsible to the
sangguniang panlungsod for the program of
government;
(ii) Direct the formulation of the city
development plan, with the assistance of the
city development council, and upon approval
thereof by the sangguniang panlungsod,
implement the same;
(iii) Present the program of government
and propose policies and projects for the
consideration of the sangguniang
panlungsod at the opening of the regular
session of the sangguniang panlungsod
every calendar year and as often as may be
deemed necessary as the general welfare of
the inhabitants and the needs of the city
government may require;
(iv) Initiate and propose legislative
measures to the sangguniang panlungsod
and as often as may be deemed necessary,
provide such information and data needed or
requested by said sanggunian in the
performance of its legislative functions;
(v) Appoint all officials and employees
whose salaries and wages are wholly or
mainly paid out of city funds and whose
appointments are not otherwise provided for
in this Code, as well as those he may be
authorized by law to appoint;
(vi) Represent the city in all its business
transactions and sign in its behalf all bonds,
contracts, and obligations, and such other
documents upon authority of the
sangguniang panlungsod or pursuant to law
or ordinance;
(vii) Carry out such emergency measures
as may be necessary during and in the
aftermath of man-made and natural disasters
and calamities;
(viii) Determine the time, manner and
place of payment of salaries or wages of the
officials and employees of the city, in
accordance with law or ordinance;
(ix) Allocate and assign office space to
city and other officials and employees who,
by law or ordinance, are entitled to such
space in the city hall and other buildings
owned or leased by the city government;
(x) Ensure that all executive officials and
employees of the city faithfully discharge
their duties and functions as provided by law
and this Code, and cause to be instituted
administrative or judicial proceedings against
any official or employee of the city who may
have committed an offense in the
performance of his official duties;
(xi) Examine the books, records and
other documents of all offices, officials,
agents or employees of the city and, in aid of
his executive powers and authority, require
all national officials and employees stationed
in or assigned to the city to make available to
him such books, records, and other
documents in their custody, except those
classified by law as confidential;
(xii) Furnish copies of executive orders
issued by him, to the provincial governor in
the case of component city mayors, to the
Office of the President in the case of highly-
urbanized city mayors and to their respective
metropolitan council chairmen in the case of
mayors of cities in the Metropolitan Manila
Area and other metropolitan political
subdivisions, within seventy-two (72) hours
after their issuances;
(xiii) Visit component barangays of the
city at least once every six (6) months to
deepen his understanding of problems and
conditions, listen and give appropriate
counsel to, local officials and inhabitants,
inform the component barangay officials and
inhabitants of general laws and ordinances
which especially concern them, and
otherwise conduct visits and inspections to
ensure that the governance of the city will
improve the quality of life of the inhabitants;
(xiv) Act on leave applications of officials
and employees appointed by him and the
commutation of the monetary value of their
leave credits in accordance with law;
(xv) Authorize official trips of city officials
and employees outside of the city for a
period not exceeding thirty (30) days;
(xvi) Call upon any national official or
employee stationed in or assigned to the city
to advise him on matters affecting the city
and to make recommendations thereon;
coordinate with said official or employee in
the formulation and implementation of plans,
programs and projects; and, when
appropriate, initiate an administrative or
judicial action against a national government
official or employee who may have
committed an offense in the performance of
his official duties while stationed in or
assigned to the city;
(xvii) Authorize payment for medical care,
necessary transportation, subsistence,
hospital or medical fees of city officials and
employees who are injured while in the
performance of their duties and functions,
subject to availability of funds;
(xviii) Solemnize marriage, any provision of
law to the contrary notwithstanding;
(xix) Conduct an annual palarong
panlungsod, which shall feature traditional
sports and disciplines included in national
and international games, in coordination with
the Department of Education, Culture and
Sports; and
(xx) Submit to the provincial governor, in
case of component cities; to the Office of the
President, in the case of highly-urbanized
cities; to their respective metropolitan
authority council chairmen and to the Office
of the President, in case of cities of the
Metropolitan Manila Area and other
metropolitan political subdivisions, the
following reports: an annual report containing
a summary of all matters pertinent to the
management, administration and
development of the city and all information
and data relative to its political, social and
economic conditions; and supplemental
reports when unexpected events and
situations arise at any time during the year,
particularly when man-made or natural
disasters or calamities affect the general
welfare of the city, province, region or
country;
(2) Enforce all laws and ordinances relative to
the governance of the city and in the exercise
of the appropriate corporate powers provided
for under Section 22 of this Code, implement
all approved policies, programs, projects,
services and activities of the city and, in
addition to the foregoing, shall:
(i) Ensure that the acts of the city's
component barangays and of its officials and
employees are within the scope of their
prescribed powers, duties and functions;
(ii) Call conventions, conferences,
seminars, or meetings of any elective and
appointive officials of the city, including
provincial officials and national officials and
employees stationed in or assigned to the
city, at such time and place and on such
subject as he may deem important for the
promotion of the general welfare of the local
government unit and its inhabitants;
(ii) Issue such executive orders for the
faithful and appropriate enforcement and
execution of laws and ordinances;
(iv) Be entitled to carry the necessary
firearm within his territorial jurisdiction;
(v) Act as the deputized representative
of the National Police Commission, formulate
the peace and order plan of the city and upon
its approval, implement the same; and as
such exercise general and operational
control and supervision over the local police
forces in the city, in accordance with R.A. No.
6975;
 (vi) Call upon the appropriate law
enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or sedition, or
to apprehend violators of the law when public
interest so requires and the city police forces
are inadequate to cope with the situations or
the violators;
(3) Initiate and maximize the generation of
resources and revenues, and apply the same
to the implementation of development plans,
program objectives and priorities as provided
for under Section 18 of this Code, particularly
those resources and revenues programmed
for agro-industrial development and
countryside growth and progress and,
relative thereto, shall:
(i) Require each head of an office or
department to prepare and submit an
estimate of appropriations for the ensuing
calendar year, in accordance with the budget
preparations process under Title Five, Book II
of this Code;
(ii) Prepare and submit to the
sanggunian for approval the executive and
supplemental budgets of the city for the
ensuing calendar year in the manner
provided for under Title Five, Book II of this
Code;
(iii) Ensure that all taxes and other
revenues of the city are collected, and that
city funds are applied to the payment of
expenses and settlement of obligations of the
city, in accordance with law or ordinance;
(iv) Issue licenses and permits and
suspend or revoke the same for any violation
of the conditions upon which said licenses or
permits had been issued, pursuant to law or
ordinance;
(v) Issue permits, without need of
approval therefor from any national agency,
for the holding of activities for any charitable
or welfare purpose, excluding prohibited
games of chance or shows contrary to law,
public policy and public morals;
(vi) Require owners of illegally
constructed houses, buildings or other
structures to obtain the necessary permit,
subject to such fines and penalties as may
be imposed by law or ordinance, or to make
necessary changes in the construction of the
same when said construction violates any
law or ordinance, or to order the demolition
or removal of said house, building or
structure within the period prescribed by law
or ordinance;
(vii) Adopt adequate measures to
safeguard and conserve land, mineral,
marine, forest, and other resources of the
city; provide efficient and effective property
and supply management in the city; and
protect the funds, credits, rights and other
properties of the city; and
(viii) Institute or cause to be instituted
administrative or judicial proceedings for
violation of ordinances in the collection of
taxes, fees or charges, and for the recovery
of funds and property; and cause the city to
be defended against all suits to ensure that
its interests, resources and rights shall be
adequately protected;
(4) Ensure the delivery of basic services and the
provision of adequate facilities as provided
for under Section 17 of this Code and, in
addition thereto, shall:
(i) Ensure that the construction and
repair of roads and highways funded by the
national government shall be, as far as
practicable, carried out in a spatially
contiguous manner and in coordination with
the construction and repair of the roads and
bridges of the city, and in the case of
component cities, of the city and of the
province; and
(ii) Coordinate the implementation of
technical services, including public works and
infrastructure programs, rendered by national
offices in the case of highly urbanized and
independent component cities, and by
national and provincial offices in the case of
component cities; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(c) During his incumbency, the city mayor shall
hold office in the city hall.
(d) The city mayor shall receive a minimum
monthly compensation corresponding to Salary
Grade Thirty (30) as prescribed under R.A. No.
6758 and the implementing guidelines issued
pursuant thereto.
ARTICLE II: The City Vice-Mayor
Sec456. Powers, Duties and
Compensation. —
(a) The city vice-mayor shall:
(1) Be the presiding officer of the sangguniang
panlungsod and sign all warrants drawn on
the city treasury for all expenditures
appropriated for the operation of the
sangguniang panlungsod;
(2) Subject to civil service law, rules and
regulations, appoint all officials and
employees of the sangguniang panlungsod,
except those whose manner of appointment
is specifically provided in this Code;
(3) Assume the office of the city mayor for the
unexpired term of the latter in the event of
permanent vacancy as provided for in
Section 44, Book I of this Code;
 (4) Exercise the powers and perform the duties
and functions of the city mayor in cases of
temporary vacancy as provided for in Section
46, Book I of this Code; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The city vice-mayor shall receive a monthly
compensation corresponding to Salary Grade
twenty eight (28) for a highly urbanized city and
Salary Grade twenty-six (26) for a component city,
as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.
ARTICLE III: The Sangguniang Panlungsod
Sec457. Composition —
(a) The sangguniang panlungsod, the legislative
body of the city, shall be composed of the city vice-
mayor as presiding officer, the regular sanggunian
members, the president of the city chapter of the
liga ng mga barangay, the president of the
panlungsod na pederasyon ng mga sangguniang
kabataan, and the sectoral representatives, as
members.
(b) In addition thereto, there shall be three (3)
sectoral representatives: one (1) from the women;
and as shall be determined by the sanggunian
concerned within ninety (90) days prior to the
holding of the local elections, one (1) from
agricultural or industrial workers; and one (1) from
the other sectors, including the urban poor,
indigenous cultural communities, or disabled
persons.
(c) The regular members of the sangguniang
panlungsod and the sectoral representatives shall
be elected in the manner as may be provided for by
law.
Sec458. Powers, Duties, Functions and
Compensation. —
(a) The sangguniang panlungsod, as the
legislative body of the city, shall enact ordinances,
approve resolutions and appropriate funds for the
general welfare of the city and its inhabitants
pursuant to Section 16 of this Code and in the
proper exercise of the corporate powers of the city
as provided for under Section 22 of this Code, and
shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective city
government, and in this connection, shall:
(i) Review all ordinances approved by
the sangguniang barangay and executive
orders issued by the punong barangay to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the punong barangay;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for violation
of said ordinances;
(iii) Approve ordinances imposing a fine
not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period
not exceeding one (1) year, or both in the
discretion of the court, for the violation of a
city ordinance;
(iv) Adopt measures to protect the
inhabitants of the city from the harmful effects
of man-made or natural disasters and
calamities, and to provide relief services and
assistance for victims during and in the
aftermath of said disasters or calamities and
their return to productive livelihood following
said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
such other activities inimical to the welfare
and morals of the inhabitants of the city.
(vi) Protect the environment and impose
appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution,
acceleration of eutrophication of rivers and
lakes, or of ecological imbalance;
(vii) Subject to the provisions of this Code
and pertinent laws, determine the powers
and duties of officials and employees of the
city;
(viii) Determine the positions and the
salaries, wages, allowances and other
emoluments and benefits of officials and
employees paid wholly or mainly from city
funds and provide for expenditures
necessary for the proper conduct of
programs, projects, services, and activities of
the city government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
 (x) Provide a mechanism and the
appropriate funds therefor, to ensure the
safety and protection of all city government
property, public documents, or records such
as those relating to property inventory, land
ownership, records of births, marriages,
deaths, assessments, taxation, accounts,
business permits, and such other records
and documents of public interest in the
offices and departments of the city
government;
(xi) When the finances of the city
government allow, provide for additional
allowances and other benefits to judges,
prosecutors, public elementary and high
school teachers, and other national
government officials stationed in or assigned
to the city;
(xii) Provide legal assistance to barangay
officials who, in the performance of their
official duties or on the occasion thereof,
have to initiate judicial proceedings or defend
themselves against legal action; and
(xiii) Provide for group insurance or
additional insurance coverage for all
barangay officials, including members of
barangay tanod brigades and other service
units, with public or private insurance
companies, when the finances of the city
government allow said coverage;
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the city
as provided for under Section 18 of this
Code, with particular attention to agro-
industrial development and city-wide growth
and progress, and relative thereto, shall:
(i) Approve the annual and
supplemental budgets of the city government
and appropriate funds for specific programs,
projects, services and activities of the city, or
for other purposes not contrary to law, in
order to promote the general welfare of the
city and its inhabitants;
(ii) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang panlungsod, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book II of
this Code and upon the majority vote of all
the members of the sangguniang
panlungsod, authorize the city mayor to
negotiate and contract loans and other forms
of indebtedness;
(iv) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang panlungsod, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the purpose
of raising funds to finance development
projects;
(v) Appropriate funds for the
construction and maintenance or the rental of
buildings for the use of the city; and, upon
the majority vote of all the members of the
sangguniang panlungsod, authorize the city
mayor to lease to private parties such public
buildings held in a proprietary capacity,
subject to existing laws, rules and
regulations;
(vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the city;
(vii) Adopt a comprehensive land use
plan for the city: Provided, That in the case of
component cities, the formulation, adoption
or modification of said plan shall be in
coordination with the approved provincial
comprehensive land use plan;
(viii) Reclassify land within the jurisdiction
of the city, subject to the pertinent provisions
of this Code;
(ix) Enact integrated zoning ordinances
in consonance with the approved
comprehensive land use plan, subject to
existing laws, rules and regulations; establish
fire limits or zones, particularly in populous
centers; and regulate the construction, repair
or modification of buildings within said fire
limits or zones in accordance with the
provisions of the Fire Code;
(x) Subject to national law, process and
approve subdivision plans for residential,
commercial, or industrial purposes and other
development purposes, and to collect
processing fees and other charges, the
proceeds of which shall accrue entirely to the
city: Provided, however, That where approval
of a national agency or office is required, said
approval shall not be withheld for more than
thirty (30) days from receipt of the
application. Failure to act on the application
within the period stated above shall be
deemed as approval thereof;
(xi) Subject to the provisions of Book II of
this Code, grant the exclusive privilege of
constructing fish corrals or fish pens, or the
taking or catching of bangus fry, prawn fry or
kawag-kawag, or fry of any species or fish
within the city waters;
(xii) With the concurrence of at least two-
thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax
exemptions, incentives or reliefs to entities
engaged in community growth-inducing
 industries, subject to the provisions of
Chapter 5, Title I, Book II of this Code;
(xiii) Grant loans or provide grants to
other local government units or to national,
provincial, and city charitable, benevolent or
educational institutions: Provided, That, said
institutions are operated and maintained
within the city;
(xiv) Regulate the numbering of
residential, commercial and other buildings;
and
(xv) Regulate the inspection, weighing
and measuring of articles of commerce.
(3) Subject to the provisions of Book II of this
Code, enact ordinances granting franchises
and authorizing the issuance of permits or
licenses, upon such conditions and for such
purposes intended to promote the general
welfare of the inhabitants of the city and
pursuant to this legislative authority shall:
(i) Fix and impose reasonable fees and
charges for all services rendered by the city
government to private persons or entities;
(ii) Regulate or fix license fees for any
business or practice of profession within the
city and the conditions under which the
license for said business or practice of
profession may be revoked and enact
ordinances levying taxes thereon;
(iii) Provide for and set the terms and
conditions under which public utilities owned
by the city shall be operated by the city
government, and prescribe the conditions
under which the same may be leased to
private persons or entities, preferably
cooperatives; cd i
(iv) Regulate the display of and fix the
license fees for signs, signboards, or
billboards at the place or places where the
profession or business advertised thereby is,
in whole or in part, conducted;
(v) Any law to the contrary
notwithstanding, authorize and license the
establishment, operation, and maintenance
of cockpits, and regulate cockfighting and
commercial breeding of gamecocks:
Provided, That existing rights should not be
prejudiced;
(vi) Subject to the guidelines prescribed
by the Department of Transportation and
Communications, regulate the operation of
tricycles and grant franchises for the
operation thereof within the territorial
jurisdiction of the city;
(vii) Upon approval by a majority vote of
all the members of the sangguniang
panlungsod: grant a franchise to any person,
partnership, corporation, or cooperative to do
business within the city; establish, construct,
operate and maintain ferries, wharves,
markets or slaughterhouses; or undertake
such other activities within the city as may be
allowed by existing laws: Provided, That,
cooperatives shall be given preference in the
grant of such a franchise.
(4) Regulate activities relative to the use of land,
buildings and structures within the city in
order to promote the general welfare and for
said purpose shall:
(i) Declare, prevent or abate any
nuisance;
(ii) Require that buildings and the
premises thereof and any land within the city
be kept and maintained in a sanitary
condition; impose penalties for any violation
thereof; or, upon failure to comply with said
requirement, have the work done at the
expense of the owner, administrator or tenant
concerned; or require the filling up of any
land or premises to a grade necessary for
proper sanitation;
(iii) Regulate the disposal of clinical and
other wastes from hospitals, clinics and other
similar establishments;
(iv) Regulate the establishment,
operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses, and
other similar establishments, including tourist
guides and transports;
(v) Regulate the sale, giving away or
dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail
outlet;
(vi) Regulate the establishment and
provide for the inspection of steam boilers or
any heating device in buildings and the
storage of inflammable and highly
combustible materials within the city;
(vii) Regulate the establishment,
operation, and maintenance of any
entertainment or amusement facilities,
including theatrical performances, circuses,
billiard pools, public dancing schools, public
dance halls, sauna baths, massage parlors,
and other places for entertainment or
amusement; regulate such other events or
activities for amusement or entertainment,
particularly those which tend to disturb the
community or annoy the inhabitants, or
require the suspension or suppression of the
same; or, prohibit certain forms of
amusement or entertainment in order to
protect the social and moral welfare of the
community;
(viii) Provide for the impounding of stray
animals; regulate the keeping of animals in
homes or as part of a business, and the
slaughter, sale or disposition of the same;
 and adopt measures to prevent and penalize
cruelty to animals; and
(ix) Regulate the establishment,
operation and maintenance of funeral parlors
and the burial or cremation of the dead,
subject to existing laws, rules and
regulations.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code, and in addition to
said services and facilities, shall:
(i) Provide for the establishment,
maintenance, protection, and conservation of
communal forests and watersheds, tree
parks, greenbelts, mangroves, and other
similar forest development projects;
(ii) Establish markets, slaughterhouses
or animal corrals and authorize the operation
thereof by the city government; and regulate
the construction and operation of private
markets, talipapas or other similar buildings
and structures;
(iii) Authorize the establishment,
maintenance and operation by the city
government of ferries, wharves, and other
structures intended to accelerate productivity
related to marine and seashore or offshore
activities;
(iv) Regulate the preparation and sale of
meat, poultry, fish, vegetables, fruits, fresh
dairy products, and other foodstuffs for public
consumption;
(v) Regulate the use of streets, avenues,
alleys, sidewalks, bridges, parks and other
public places and approve the construction,
improvement repair and maintenance of the
same; establish bus and vehicle stops and
terminals or regulate the use of the same by
privately-owned vehicles which serve the
public; regulate garages and the operation of
conveyances for hire; designate stands to be
occupied by public vehicles when not in use;
regulate the putting up of signs, signposts,
awnings and awning posts on the streets;
and provide for the lighting, cleaning and
sprinkling of streets; and public places;
(vi) Regulate traffic on all streets and
bridges; prohibit encroachments or obstacles
thereon, and when necessary in the interest
of public welfare, authorize the removal or
encroachments and illegal constructions in
public places;
(vii) Subject to existing laws, establish
and provide for the maintenance, repair and
operation of an efficient waterworks system
to supply water for the inhabitants and to
purify the source of the water supply;
regulate the construction, maintenance,
repair and use of hydrants, pumps, cisterns
and reservoirs; protect the purity and quantity
of the water supply of the city and, for this
purpose, extend the coverage of appropriate
ordinances over all territory within the
drainage area of said water supply and within
one hundred (100) meters of the reservoir,
conduit, canal, aqueduct, pumping station, or
watershed used in connection with the water
service; and regulate the consumption, use
or wastage of water and fix and collect
charges therefor;
(viii) Regulate the drilling and excavation
of the ground for the laying of water, gas,
sewer, and other pipes and the construction,
repair and maintenance of public drains,
sewers, cesspools, tunnels and similar
structures; regulate the placing of poles and
the use of crosswalks, curbs, and gutters;
adopt measures to ensure public safety
against open canals, manholes. live wires
and other similar hazards to life and property;
and regulate the construction and use of
private water closets, privies and other
similar structures in buildings and homes;
(ix) Regulate the placing, stringing,
attaching, installing, repair and construction
of all gas mains, electric, telegraph and
telephone wires, conduits, meters and other
apparatus; and provide for the correction,
condemnation or removal of the same when
found to be dangerous, defective, or
otherwise hazardous to the welfare of the
inhabitants;
(x) Subject to the availability of funds
and to existing laws, rules and regulations,
establish and provide for the operation of
vocational and technical schools and similar
post-secondary institutions and, with the
approval of the Department of Education,
Culture and Sports and subject to existing
law on tuition fees, fix and collect reasonable
tuition fees and other school charges in
educational institutions supported by the city
government;
(xi) Establish a scholarship fund for the
poor but deserving students in schools
located within its jurisdiction or for students
residing within the city;
(xii) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases;
(xiii) Provide for an efficient and effective
system of solid waste and garbage collection
and disposal; prohibit littering and the placing
or throwing of garbage, refuse and other filth
and wastes;
(xiv) Provide for the care of disabled
persons, paupers, the aged, the sick,
persons of unsound mind, abandoned
minors, juvenile delinquents, drug
 dependents, abused children and other
needy and disadvantaged persons,
particularly children and youth below
eighteen (18) years of age; and subject to
availability of funds, establish and provide for
the operation of centers and facilities for said
needy and disadvantaged persons;
(xv) Establish and provide for the
maintenance and improvement of jails and
detention centers, institute a sound jail
management program, and appropriate funds
for the subsistence of detainees and
convicted prisoners in the city;
(xvi) Establish a city council whose
purpose is the promotion of culture and the
arts, coordinate with government agencies
and non-governmental organizations and,
subject to the availability of funds,
appropriate funds for the support and
development of the same; and
(xvii) Establish a city council for the elderly
which shall formulate policies and adopt
measures mutually beneficial to the elderly
and to the community; provide incentives for
non-governmental agencies and entities and,
subject to the availability of funds,
appropriate funds to support programs and
projects for the benefit of the elderly; and
(6) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang
panlungsod of component cities shall receive a
minimum monthly compensation corresponding to
Salary Grade twenty-five (25) and members of the
sangguniang panlungsod of highly-urbanized cities
shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-seven (27),
as prescribed under R.A. 6758 and the
implementing guidelines issued pursuant thereto.
RA9009 (2001) – An Act Amending Section 450 Of
RA7160 LGC Of 1991, By Increasing The Average
Annual Income Requirement For A Municipality Or
Cluster Of Barangays To Be Converted Into A
Component City
Sec1. Section 450 of Republic Act No. 7160,
otherwise known as the Local Government Code of
1991, is hereby amended to read as follows:
"Section 450. Requisites for Creation. —
(a) A municipality or a cluster of barangays may
be converted into a component city if it has a locally
generated average annual income, as certified by
the Department of Finance, of at least One hundred
million pesos (P100,000,000.00) for the last two (2)
consecutive years based on 2000 constant prices,
and if it has either of the following requisites:
(i) a contiguous territory of at least one hundred
(100) square kilometers, as certified by the
Land Management Bureau; or
(ii) a population of not less than one hundred
fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office.
The creation thereof shall not reduce the land
area, population and income of the original unit or
units at the time of said creation to less than the
minimum requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
city shall be properly identified by metes and
bounds. The requirement on land area shall not
apply where the city proposed to be created is
composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or
more islands.
(c) The average annual income shall include the
income accruing to the general fund, exclusive of
special funds, transfers, and non-recurring income."
Gordon vs. Verdiano II (1988)
Facts:
Yambao operated 2 drugstores in Olongapo . One
was temporarily closed down by FDA after a test buy
operation. After receiving the same report, Mayor
Gordon subsequently revoked the mayor’s permit for
rampant violations of pharmacy and dangerous drugs
law. He ordered permanent closure. FDA lifted the
temporary closure and Yambao sought reissuance of
permit. Yambao then sought the permission from FDA
to exchange location of 2 drugstores for business
preference. FDA granted but Mayor disapproved and
suspended permit of 2nd drugstore.
Issue: Who has the power to grant and revoke
licenses for operation of drug stores in the city
Held:
Mayor has no authority to revoke a business permit
for the violation of the Pharmacy Law or Dangerous
Drugs Act. It however has authority to approve or
disapprove the exchange of locations requested by
Yambao.
An application to establish a drug store in Olongapo
must be filed w/ the office of the Mayor and must
show that the applicant has complied with the
existing ordinances in health and sanitation, location
or zoning, fire or building and other local
requirements. On the other hand, the authorization to
operate issued by the FDA is a condition precedent to
the grant of a mayor's permit to the drug store
seeking to operate within the limits of the city. This
requirement is imperative. Hence, a permit issued by
the mayor to a drug store not previously cleared with
and licensed by the said agency will be a nullity.
However, the issuance of the Mayor’s permit is not
mandatory once the FDA has licensed the operation
of the applicant drugstore. The applicant still has to
comply w/ the local requirements of the city. Should
there be no compliance w/ the local requirements, the
mayor in the exercise of his own authority under the
charter may refuse to grant the permit sought. The
power to approve a license includes by implication,
even if not expressly granted, the power to revoke it.
Thus, if the FDA grants a license upon its finding that
the applicant drug store has complied with the
requirements of the general laws and the
implementing administrative rules and regulations, it
is only for their violation that the FDA may revoke the
said license. Necessarily, the city mayor may only
revoke the permits issued for violation of the local
requirements imposed.
NOTES:
Since LGU is not bound to allow operations even
after the proper agency had given its license, LGU’s
can make it more diffcicult for this business to
operate.
Q: Can Mayor require compliance w/ all the national
laws and regulations before issuing the permit? (ie
present in the permit)
A: Yes. The presence of this clause does not
invalidate the permit. But the finding of violation must
be made by the nat’l agency and not the mayor.
Acebedo Optical Company vs. CA (2000)
Facts:
Acebedo applied with the Office of the Mayor of Iligan
City for a business permit and was issued subject to
the certain conditions. SOPI lodged a complaint
against the Acebedo before the Office of the City
Mayor, alleging that Acebedo had violated the
conditions set forth in its business permit.
Issue1: What is a business permit?
Held:
The grant of a license or permit to do business is
usually granted by the local authorities which
authorizes the person, natural or otherwise, to
engage in business or some form of commercial
activity. Whereas, the issuance of a license to
engage in the practice of a particular profession is
issued by the Board or Commission tasked to
regulate the particular profession. It is the grant of
authority to a natural person to engage in the practice
or exercise of his or her profession.
ISSUE 2: WON the business permit issued by the
city Mayor is a contract entered into by Iligan City
in the exercise of its proprietary functions, such
that although petitioner agreed to such
conditions, it cannot be held in estoppel since
ultra vires acts cannot be given effect.
HELD:
No.A license or permit is not in the nature of a
contract but a special privilege, thus estoppel cannot
apply in this case. The fact that petitioner acquiesced
in the special conditions imposed by the City Mayor
in subject business permit does not preclude it from
challenging the said imposition, which is ultra vires or
beyond the ambit of authority of respondent City
Mayor. Ultra vires acts or acts which are clearly
beyond the scope of one's authority are null and void
and cannot be given any effect. The doctrine of
estoppel cannot operate to give effect to an act which
is otherwise null and void or ultra vires.
The issuance of business licenses and permits by a
municipality or city is essentially regulatory in nature.
The authority, which devolved upon local government
units to issue or grant such licenses or permits, is
essentially in the exercise of the police power of the
state within the contemplation of the general welfare
clause of the Local Government Code.
Lim vs. CA (2002)
Facts:
Policemen under Mayor Lim’s instructions inspected
and investigated Bistro Pigalle’s license as well as
the work permits and health certificates of its staff
causing the stoppage of work in Bistro’s night club
and restaurant operations. Lim also refused to accept
Bistro’s application for a business license, as well as
the work permit applications of Bistro’s staff, for the
year 1993.Bistro filed before the trial court a petition
against Manila Mayor Lim..
Held:
The law expressly provides for such authority.
Section 11 (l), Article II of the Revised Charter of the
City of Manila and Section 455 (3) (iv) of the LGC is
clear that the power of the mayor to issue business
licenses and permits necessarily includes the
corollary power to suspend, revoke or even refuse to
issue the same. However, the power to suspend or
revoke these licenses and permits is expressly
premised on the violation of the conditions of these
permits and licenses. Similarly, the power to refuse to
issue such licenses and permits is premised on non-
compliance with the prerequisites for the issuance of
such licenses and permits. The mayor must observe
due process in exercising these powers, which
means that the mayor must give the applicant or
licensee notice and opportunity to be heard.
True, the mayor has the power to inspect and
investigate private commercial establishments for any
violation of the conditions of their licenses and
permits. However, the mayor has no power to order
a police raid on these establishments in the guise of
inspecting or investigating these commercial
establishments
Mathay Jr. vs. Felt Foods, Inc. (1999)
Facts:
Mathay issued a temporary business permit valid
until Dec 31, 1997 in favor of respondent to operate
its business, Club Giorgio. Sometime in November,
there were police reports that respondent violated
terms of its permit. Petitioner ordered the closure of
the establishment and ordered the city legal dept to
investigate the matter. Due notice was sent to
respondent but it failed to reply. Upon finding that
respondent violated permit, petitioner cancelled
permit. Respondent went to RTC to annul the closure
order. RTC issued injunction. CA affirmed.
Issue: WON cause of action has been mooted due to
expiration of respondent’s permit
Held:
Respondent’s permit has already expired. It is a
widely accepted rule that courts will not assume
jurisdiction over a case when it has been rendered
moot by a supervening event such as the expiration
of a contract. This forecloses the complainant’s right
to demand specific performance under the terms of
expired contract from the defendant. Any loss or
damage suffered by the complainant from the alleged
unlawful act under the terms and during the existence
of the expired contract may be remedied by a claim
for damages and not by a writ of injunction to enjoin
the effects of the expiration of the contract.
NOTES:
Q: What if police visited and saw pirated cds or
prostitutes? Can they shut down place or make
arrests?
A: Yes. Can shut down and arrest so long as they are
given chance to defend themselves. If there’s a
violation of nat’l law, can shut down.
Q: Are raids allowed? (outside this case)
A: Yes, raids are not conducted by police only but
jointly w/ gov’t agency. Except if there’s an ordinance
prohibiting raids.
Negros Oriental II Electric Cooperative Inc. vs.
Sangguniang Panglungsod ng Dumaguete (1987)
Issue: WON the Sangguniang Panglungsod has the
authority to issue subpoenas and punish non-
members for legislative contempt
Held:
The Sangguniang panglungsod has no authority to
issue subpoenas and punish non-members for
legislative contempt. The contempt power is sui
generis and local legislative bodies cannot correctly
claim to possess it for the same reasons that the
national legislature does. The power attaches not to
the discharge of legislative functions per se but to the
character of the legislature as one of the 3
independent and coordinate branches of the gov’t.
The same thing cannot be said of local legislative
bodies which are mere creatures of law. The power to
subpoena witnesses and the power to punish non-
members for contempt may not also be implied in the
delegation of legislative power as such partake of a
judicial nature.
NOTE:
Still good law. LGC did not grant it power to issue
subpoena or contempt power.
City of Quezon vs. Lexber, Inc. (2001)
Facts:
A Tri-Partitie MOA was drawn between QC,
represented by its mayor Brigido Simon, Jr., Lexber,
and the Municipality of Antipolo, whereby a parcel of
land in Antipolo was to be used as a garbage
dumping site by QC and other M. Mla. cities or
municipalities, for a 5-year period from Jan. 1991 to
Dec. 1995. A 2nd contract was entered into where
Lexber shall provide maintenance services in the
form of manpower, equipment and engineering
operations for the dumpsite
In view of the idle state of the dumpsite for more than
year, Lexber also sought clarification from QC
regarding its intention on the dumpsite project.
QC, through Mayor Mathay, denied any liability under
the contract on the ground that the same was invalid
and unenforceable.
Issue: WON the contract is void ab initio
Held:
No. PD 1445 does not provide that the absence of an
appropriation law ipso facto makes a contract entered
into by an LGU null and void Sec. 84 specifically
provides: “Revenue funds shall not be paid out of any
public treasury or depository except in pursuance of
an appropriation law or other specific statutory
authority.” Consequently, public funds may be
disbursed not only pursuant to an appropriation law,
but also in pursuance of other specific statutory
authority.
Now, LGC of 1991 prohibits the city mayor from
entering into contracts for the public welfare, unless
and until there is prior authority from the city council.
Dadole vs. COA (2002)
Facts: Sec. 327. Review of Appropriation Ordinances of
In 1986, RTC and MTC judges of Mandaue city Component Cities and Municipalities. – The
started receiving monthly allowances of P1,260 each sangguniang panlalawigan shall review the ordinance
through the yearly appropriation ordinance enacted authorizing annual or supplemental appropriations of
by the Sangguniang Panlungsod of the city. (DBM) component cities and municipalities in the same
issued the Local Budget Circular 55 which provided manner and within the same period prescribed for the
that: such additional allowances in the form of review of other ordinances.
honorarium at rates not exceeding P1,000 in If within 90 days from receipt of copies of such
provinces and cities and P700 in municipalities may ordinance, the SP takes no action thereon, the same
be granted, effective immediately shall be deemed to have been reviewed in
accordance with law and shall continue to be in full
Issue: WON LBC 55 of the DBM is void (for going force and effect. city.
beyond the supervisory powers of the Pres. and for
not having been published) NOTES:
Held: Is this good idea? LGU gives allowance to judges?
YES, the Pres. or any of his or her alter egos cannot Does this impair integrity of court?
interfere in local affairs as long as the concerned
LGU acts within the parameters of the law and the
Constitution. Any directive therefore by the Pres. or The Province – LGC
any of his or her alter egos seeking to alter the
wisdom of a law-conforming judgment on local affairs
CHAPTER I: Role and Creation of the Province
of a LGU is a patent nullity because it violates the
Sec459. Role of the Province. — The
principle of local autonomy and separation of powers
province, composed of cluster of municipalities, or
of the executive and legislative departments in
municipalities and component cities, and as a
governing municipal corporations.
political and corporate unit of government, serves
as dynamic mechanism for developmental
Sec. 458 of RA 7160, the law that supposedly serves
processes and effective governance of local
as the legal basis of LBC 55, allows the grant of
government units within its territorial jurisdiction.
additional allowances “when the finances of the city
government allow.” The said provision does not
Sec460. Manner of Creation. — A province
authorize setting a definite maximum limit to the
may be created, divided, merged, abolished, or its
additional allowances granted to judges. Thus,
boundary substantially altered, only by an Act of
we need not belabor the point that the finances of a
Congress and subject to approval by a majority of
city government may allow the grant of additional
the votes cast in a plebiscite to be conducted by
allowances higher than P1,000 if the revenues of the
the COMELEC in the local government unit or units
said city government exceed its annual expenditures.
directly affected. The plebiscite shall be held within
one hundred twenty (120) days from the date of
LBC 55 is also void on account of its lack of
effectivity of said Act, unless otherwise provided
publication in violation of the SC ruling in Tanada v.
therein.
Tuvera.
Sec461. Requisites for Creation. —
Issue2: WON the yearly appropriation ordinance
(a) A province may be created if it has an
enacted by Mandaue City that provides for additional
average annual income, as certified by the
allowances to judges contravenes the annual
Department of Finance, of not less than Twenty
appropriation laws enacted by Cong.
million pesos (P20,000,000.00) based on 1991
Held:
constant prices and either of the following
No. COA failed to prove that Mandaue City used the
requisites:
IRA to spend for the additional allowances of the
(i) a contiguous territory of at least two
judges. Moreover, the DBM neither conducted a
thousand (2,000) square kilometers, as
formal review nor ordered a disapproval of Mandaue
certified by the Lands Management Bureau;
City’s appropriation ordinances, in accordance with
or
the procedure outlined in Secs. 326 and 327 of RA
(ii) a population of not less than two hundred fifty
7160:
thousand (250,000) inhabitants as certified
Sec. 326. Review of Appropriation Ordinances of
by the National Statistics Office:
Provinces, Highly Urbanized Cities, Independent
Provided, That, the creation thereof shall not
Component Cities and Municipalities within the
reduce the land area, population, and income of the
Metropolitan Mla. Area. in accordance with the
original unit or units at the time of said creation to
immediately succeeding sec.
less than the minimum requirements prescribed
herein.
 (b) The territory need not be contiguous if it
comprise two (2) or more islands or is separated by
a chartered city or cities which do not contribute to
the income of the province.
(c) The average annual income shall include the
income accruing to the general fund, exclusive of
special funds, trust funds, transfers and non-
recurring income.
Sec462. Existing Sub-Provinces. — Existing
sub-provinces are hereby converted into regular
provinces upon approval by a majority of the votes
cast in a plebiscite to be held in the said
subprovinces and the original provinces directly
affected. The plebiscite shall be conducted by the
COMELEC simultaneously with the national
elections following the effectivity of this Code.
The new legislative districts created as a result of
such conversion shall continue to be represented in
Congress by the duly-elected representatives of the
original districts out of which said new provinces or
districts were created until their own
representatives shall have been elected in the next
regular congressional elections and qualified.
The incumbent elected officials of the said
subprovinces converted into regular provinces shall
continue to hold office until June 30, 1992. Any
vacancy occurring in the offices occupied by said
incumbent elected officials, or resulting from
expiration of their terms of office in case of a
negative vote in the plebiscite results, shall be filled
by appointment by the President. The appointees
shall hold office until their successors shall have
been elected in the regular local elections following
the plebiscite mentioned herein and qualified. After
effectivity of such conversion, the President shall fill
up the position of governor of the newly-created
province through appointment if none has yet been
appointed to the same as hereinbefore provided,
and shall also appoint a vice-governor and the
other members of the sangguniang panlalawigan,
all of whom shall likewise hold office until their
successors shall have been elected in the next
regular local elections and qualified.
All qualified appointive officials and employees in
the career service of the said subprovinces at the
time of their conversion into regular provinces shall
continue in office in accordance with civil service
law, rules and regulations.
CHAPTER II: Provincial Officials in General
Sec463. Officials of the Provincial
Government. —
(a) There shall be in each province a governor, a
vice-governor, members of the sangguniang
panlalawigan, a secretary to the sangguniang
panlalawigan, a provincial treasurer, a provincial
assessor, a provincial accountant, a provincial
engineer, a provincial budget officer, a provincial
planning and development coordinator, a provincial
legal officer, a provincial administrator, a provincial
health officer, a provincial social welfare and
development officer, a provincial general services
officer, a provincial agriculturist, and a provincial
veterinarian.
(b) In addition thereto, the governor may appoint
a provincial population officer, a provincial natural
resources and environment officer, a provincial
cooperative officer, a provincial architect, and a
provincial information officer.
The appointment of a provincial population officer
shall be optional in the province: Provided,
however, That provinces which have existing
population offices shall continue to maintain such
offices for a period of five (5) years from the date of
the effectivity of this Code, after which said offices
shall become optional.
(c) The sangguniang panlalawigan may:
(1) Maintain existing offices not mentioned in
subsections (a) and (b) hereof;
(2) Create such other offices as may be
necessary to carry out the purposes of the
provincial government; or
(3) Consolidate the functions of any office with
those of another in the interest of efficiency
and economy;
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
governor with the concurrence of the majority of all
the sangguniang panlalawigan members, subject to
civil service law, rules and regulations. The
sangguniang panlalawigan shall act on the
appointment with fifteen (15) days from the date of
its submission; otherwise the same shall be
deemed confirmed;
(e) Elective and appointive provincial officials
shall receive such compensation, allowances, and
other emoluments as may be determined by law or
ordinance, subject to the budgetary limitations on
personal services prescribed under Title Five, Book
II of this Code: Provided, That, no increase in
compensation shall take effect until after the
expiration of the full term of all the elective officials
approving such increase.
Sec464. Residence and Office. — During
the incumbency of the governor, he shall have his
official residence in the capital of the province. All
elective and appointive provincial officials shall hold
office in the provincial capital: Provided, That, upon
resolution of the sangguniang panlalawigan,
elective and appointive provincial officials may hold
office in any component city or municipality within
the province for a period of not more than seven (7)
days for any given month.
CHAPTER III: Officials and Offices Common to All
Provinces
ARTICLE I: The Provincial Governor
Sec465. The Chief Executive: Powers,
Duties, Functions, and Compensation. —
(a) The provincial governor, as the chief
executive of the provincial government, shall
exercise such powers and perform such duties and
functions as provided by this Code and other laws.
(b) For efficient, effective and economical
governance the purpose of which is the general
welfare of the province and its inhabitants pursuant
to Section 16 of this Code, the provincial governor
shall:
(1) Exercise general supervision and control
over all programs, projects, services, and
activities of the provincial government, and in
this connection, shall:
(i) Determine the guidelines of
provincial policies and be responsible to the
sangguniang panlalawigan for the program of
government;
(ii) Direct the formulation of the
provincial development plan, with the
assistance of the provincial development
council, and upon approval thereof by the
sangguniang panlalawigan, implement the
same;
(iii) Present the program of government
and propose policies and projects for the
consideration of the sangguniang
panlalawigan at the opening of the regular
session of the sangguniang panlalawigan
every calendar year and as after as may be
deemed necessary as the general welfare of
the inhabitants and the needs of the
provincial government may require;
(iv) Initiate and propose legislative
measures to the sangguniang panlalawigan
and as often as may be deemed necessary,
provide such information and data needed or
requested by said sanggunian in the
performance of its legislative functions;
(v) Appoint all officials and employees
whose salaries and wages are wholly or
mainly paid out of provincial funds and
whose appointments are not otherwise
provided for in this Code, as well as those he
may be authorized by law to appoint;
(vi) Represent the province in all its
business transactions and sign in its behalf
all bonds, contracts, and obligations, and
such other documents upon authority of the
sangguniang panlalawigan or pursuant to law
or ordinance;
(vii) Carry out such emergency measures
as may be necessary during and in the
aftermath of man-made and natural disasters
and calamities;
(viii) Determine the time, manner and
place of payment of salaries or wages of the
officials and employees of the province, in
accordance with law or ordinance;
(ix) Allocate and assign office space to
provincial and other officials and employees
who, by law or ordinance, are entitled to such
space in the provincial capitol and other
buildings owned or leased by the provincial
government;
(x) Ensure that all executive officials and
employees of the province faithfully
discharge their duties and functions as
provided by law and this Code, and cause to
be instituted administrative or judicial
proceedings against any official or employee
of the province who may have committed an
offense in the performance of his official
duties;
(xi) Examine the books, records and
other documents of all offices, officials,
agents or employees of the province and, in
aid of his executive powers and authority,
require all national officials and employees
stationed in the province to make available to
him such books, records, and other
documents in their custody, except those
classified by law as confidential;
(xii) Furnish copies of executive orders
issued by him to the Office of the President
within seventy-two (72) hours after their
issuance;
(xiii) Visit component cities and
municipalities of the province at least once
every six (6) months to deepen his
understanding of problems and conditions,
listen and give appropriate counsel to local
officials and inhabitants, inform the officials
and inhabitants of component cities and
municipalities of general laws and ordinances
which especially concern them, and
otherwise conduct visits and inspections to
ensure that the governance of the province
will improve the quality of life of the
inhabitants;
(xiv) Act on leave applications of officials
and employees appointed by him and the
commutation of the monetary value of leave
credits in accordance with law;
(xv) Authorize official trips of provincial
officials and employees outside of the
province for a period not exceeding thirty (30)
days;
(xvi) Call upon any national official or
employee stationed in or assigned to the
province to advise him on matters affecting
the province and to make recommendations
thereon; coordinate with said official or
employee in the formulation and
implementation of plans, programs and
projects; and when appropriate, initiate an
administrative or judicial action against a
national government official or employee who
may have committed an offense in the
 performance of his official duties while
stationed in or assigned to the province;
(xvii) Authorize payment for medical care,
necessary transportation, subsistence,
hospital or medical fees of provincial officials
and employees who are injured while in the
performance of their official duties and
functions, subject to availability of funds;
(xviii) Represent the province in inter-
provincial or regional sports councils or
committees, and coordinate the efforts of
component cities or municipalities in the
regional or national palaro or sports
development activities;
(xix) Conduct an annual palarong
panlalawigan, which shall feature traditional
sports and disciplines included in national
and international games in coordination with
the Department of Education, Culture and
Sports; and
(xx) Submit to the Office of the President
the following reports: an annual report
containing a summary of all matters pertinent
to the management, administration and
development of the province and all
information and data relative to its political,
social and economic conditions; and
supplemental reports when unexpected
events and situations arise at any time during
the year, particularly when man-made or
natural disasters or calamities affect the
general welfare of the province, region or
country;
(2) Enforce all laws and ordinances relative to
the governance of the province and the
exercise of the appropriate corporate powers
provided for under Section 22 of this Code,
implement all approved policies, programs,
projects, services and activities of the
province and, in addition to the foregoing,
shall:
(i) Ensure that the acts of the
component cities and municipalities of the
province and of its officials and employees
are within the scope of their prescribed
powers, duties and functions;
(ii) Call conventions, conferences,
seminars, or meetings of any elective and
appointive officials of the province and its
component cities and municipalities,
including national officials and employees
stationed in or assigned to the province, at
such time and place and on such subject as
he may deem important for the promotion of
the general welfare of the province and its
inhabitants;
(iii) Issue such executive orders for the
faithful and appropriate enforcement and
execution of laws and ordinances;
(iv) Be entitled to carry the necessary
firearm within his territorial jurisdiction;
(v) In coordination with the mayors of
component cities and municipalities and the
National Police Commission, formulate the
peace and order plan of the province and
upon its approval, implement the same in
accordance with R.A. No. 6975;
(vi) Call upon the appropriate national
law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or
sedition or to apprehend violators of the law
when public interest so requires and the
police forces of the component city or
municipality where the disorder or violation is
happening are inadequate to cope with the
situation or the violators;
(3) Initiate and maximize the generation of
resources and revenues, and apply the same
to the implementation of development plans,
program objectives and priorities as provided
for under Section 18 of this Code, particularly
those resources and revenues programmed
for agro-industrial development and country-
wide growth and progress and, relative
thereto, shall:
(i) Require each head of an office or
department to prepare and submit an
estimate of appropriations for the ensuing
calendar year, in accordance with the budget
preparation process under Title Five, Book II
of this Code;
(ii) Prepare and submit to the
sanggunian for approval the executive and
supplemental budgets of the province for the
ensuing calendar year in the manner
provided for under Title Five, Book II of this
Code;
(iii) Ensure that all taxes and other
revenues of the province are collected, and
that provincial funds are applied to the
payment of expenses and settlement of
obligations of the province, in accordance
with law or ordinance;
(iv) Issue licenses and permits and
suspend or revoke the same for any violation
of the conditions upon which said licenses or
permits had been issued, pursuant to law or
ordinance;
(v) Adopt adequate measures to
safeguard and conserve land, mineral,
marine, forest and other resources of the
province, in coordination with the mayors of
component cities and municipalities; provide
efficient and effective property and supply
management in the province; and protect the
funds, credits, rights, and other properties of
the province; and
(vi) Institute or cause to be instituted
administrative or judicial proceedings for violation of
 ordinances in the collection of taxes, fees or
charges, and for the recovery of funds and property,
and cause the province to be defended against all
suits to ensure that its interests, resources and
rights shall be adequately protected.
(4) Ensure the delivery of basic services and the
provision of adequate facilities as provided
for under Section 17 of this Code, and in
addition thereto, shall:
(i) Ensure that the construction and
repair of roads and highways funded by the
national government shall be, as far as
practicable, carried out in a spatially
contiguous manner and in coordination with
the construction and repair of the roads and
bridges of the province and of its component
cities and municipalities; and
(ii) Coordinate the implementation of
technical services by national offices for the
province and its component cities and
municipalities, including public works and
infrastructure programs of the provincial
government and its component cities and
municipalities;
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(c) The provincial governor shall receive a
minimum monthly compensation corresponding to
Salary Grade thirty (30) prescribed under R.A. No.
6758 and the implementing guidelines issued
pursuant thereto.
ARTICLE II: The Provincial Vice-Governor
Sec466. Powers, Duties, and
Compensation. —
(a) The vice-governor shall:
(1) Be the presiding officer of the sangguniang
panlalawigan and sign all warrants drawn on
the provincial treasury for all expenditures
appropriated for the operation of the
sangguniang panlalawigan;
(2) Subject to civil service law, rules and
regulations, appoint all officials and
employees of the sangguniang panlalawigan,
except those whose manner of appointment
is specially provided in this Code;
(3) Assume the office of the governor for the
unexpired term of the latter in the event of
permanent vacancy as provided for in
Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties
and functions of the governor in cases of
temporary vacancy as provided for in Section
46, Book I of this Code; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The vice-governor shall receive a monthly
compensation corresponding to Salary Grade
twenty-eight (28) as prescribed under R.A. No.
6758 and the implementing guidelines issued
pursuant thereto.
ARTICLE III: The Sangguniang Panlalawigan
Sec467. Composition. —
(a) The sangguniang panlalawigan, the
legislative body of the province, shall be composed
of the provincial vice-governor as presiding officer,
the regular sanggunian members, the president of
the provincial chapter of the liga ng mga barangay,
the president of the panlalawigang pederasyon ng
mga sangguniang kabataan, the president of the
provincial federation of sanggunian members of
municipalities and component cities and the
sectoral representatives, as members.
(b) In addition thereto, there shall be three (3)
sectoral representatives: one (1) from the women;
and as shall be determined by the sanggunian
concerned within ninety (90) days prior to the
holding of the local elections, one (1) from the
agricultural or industrial workers; and one (1) from
other sectors including the urban poor, indigenous
cultural communities, or disabled persons.
(c) The regular members of the sangguniang
panlalawigan and the sectoral representatives shall
be elected in the manner as may be provided for by
law.
Sec468. Powers, Duties, Functions and
Compensation. —
(a) The sangguniang panlalawigan, as the
legislative body of the province, shall enact
ordinances, approve resolutions and appropriate
funds for the general welfare of the province and its
inhabitants pursuant to Section 16 of this Code in
the proper exercise of the corporate powers of the
province as provided for under Section 22 of this
Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective
provincial government and, in this
connection, shall:
(i) Review all ordinances approved by
the sangguniang of component cities and
municipalities and executive orders issued by
the mayors of said component units to
determine whether these are within the
scope of the prescribed powers of the
sanggunian and of the mayor;
(ii) Maintain peace and order by
enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a fine
not exceeding Five thousand pesos
(P5,000.00) or imprisonment not exceeding
one (1) year, or both in the discretion of the
court, for the violation of a provincial
ordinance;
(iv) Adopt measures to protect the
inhabitants of the province from harmful
effects of man-made or natural disasters and
calamities, and to provide relief services and
assistance for victims during and in the
aftermath of said disasters and calamities
and their return to productive livelihood
following said events;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate
penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of
ill repute, gambling and other prohibited
games of chance, fraudulent devices and
ways to obtain money or property, drug
addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or
pornographic materials or publications, and
other activities inimical to the welfare and
morals of the inhabitants of the province;
(vi) Protect the environment and impose
appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing,
illegal logging and smuggling of logs,
smuggling of natural resources products and
of endangered species of flora and fauna,
slash and burn farming, and such other
activities which result in pollution acceleration
of eutrophication of rivers and lakes, or of
ecological imbalance;
(vii) Subject to the provisions of this Code
and pertinent laws, determine the powers
and duties of officials and employees of the
province;
(viii) Determine the positions and the
salaries, wages, allowances and other
emoluments and benefits of officials and
employees paid wholly or mainly from
provincial funds and provide for expenditures
necessary for the proper conduct of
programs, projects, services, and activities of
the provincial government;
(ix) Authorize the payment of
compensation to a qualified person not in the
government service who fills up a temporary
vacancy, or grant honorarium to any qualified
official or employee designated to fill a
temporary vacancy in a concurrent capacity,
at the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefor, to ensure the
safety and protection of all provincial
government property, public documents, or
records such as those relating to property
inventory, land ownership, records of births,
marriages, deaths, assessments, taxation,
accounts, business permits, and such other
records and documents of public interest in
the offices and departments of the provincial
government; and
(xi) When the finances of the provincial
government allow, provide for additional
allowances and other benefits to judges,
prosecutors, public elementary and high
school teachers, and other national
government officials stationed or assigned to
the province.
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the
province as provided for under Section 18 of
this Code, with particular attention to agro-
industrial development and country-wide
growth and progress and relative thereto,
shall:
(i) Enact the annual and supplemental
appropriations of the provincial government
and appropriate funds for specific programs,
projects, services and activities of the
province, or for other purposes not contrary
to law, in order to promote the general
welfare of the province and its inhabitants;
(ii) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang panlalawigan, enact ordinances
levying taxes, fees and charges, prescribing
the rates thereof for general and specific
purposes, and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang panlalawigan, authorize the
provincial governor to negotiate and contract
loans and other forms of indebtedness;
(iv) Subject to the provisions of Book II of
this Code and applicable laws and upon the
majority vote of all the members of the
sangguniang panlalawigan, enact ordinances
authorizing the floating of bonds or other
instruments of indebtedness, for the purpose
of raising funds to finance development
projects;
(v) Appropriate funds for the
construction and maintenance or the rental of
buildings for the use of the province; and
upon the majority vote of all the members of
the sangguniang panlalawigan, authorize the
provincial governor to lease to private parties
such public buildings held in a proprietary
capacity, subject to existing laws, rules and
regulations;
 (vi) Prescribe reasonable limits and
restraints on the use of property within the
jurisdiction of the province;
(vii) Review the comprehensive land use
plans and zoning ordinances of component
cities and municipalities and adopt a
comprehensive provincial land use plan,
subject to existing laws; and
(viii) Adopt measures to enhance the full
implementation of the national agrarian
reform program in coordination with the
Department of Agrarian Reform;
(3) Subject to the provisions of Book II of this
Code, grant franchises, approve the issuance
of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such
conditions and for such purposes intended to
promote the general welfare of the
inhabitants of the province, and pursuant to
this legislative authority, shall:
(i) Fix and impose reasonable fees and
charges for all services rendered by the
provincial government to private persons or
entities; and
(ii) Regulate and fix the license fees for
such activities as provided for under this
Code.
(4) Approve ordinances which shall ensure the
efficient and effective delivery of basic
services and facilities as provided for under
Section 17 of this Code, and, in addition to
said services and facilities, shall:
(i) Adopt measures and safeguards
against pollution and for the preservation of
the natural ecosystem in the province, in
consonance with approved standards on
human settlements and environmental
sanitation;
(ii) Subject to applicable laws, facilitate
or provide for the establishment and
maintenance of waterworks system or district
waterworks for supplying water to inhabitants
of component cities and municipalities;
(iii) Subject to the availability of funds
and to existing laws, rules and regulations,
provide for the establishment and operation
of vocational and technical schools and
similar post-secondary institutions; and, with
the approval of the Department of Education,
Culture and Sports and subject to existing
laws on tuition fees, fix reasonable tuition
fees and other school charges in educational
institutions supported by the provincial
government;
(iv) Establish a scholarship fund for the
poor but deserving students in schools
located within its jurisdiction or for students
residing within the province;
(v) Approve measures and adopt
quarantine regulations to prevent the
introduction and spread of diseases within its
territorial jurisdiction;
(vi) Provide for the care of paupers, the
aged, the sick, persons of unsound mind,
abandoned minors, abused children,
disabled persons, juvenile delinquents, drug
dependents, and other needy and
disadvantaged persons, particularly children
and youth below eighteen (18) years of age;
subject to availability of funds, establish and
support the operation of centers and facilities
for said needy and disadvantaged persons;
and facilitate efforts to promote the welfare of
families below the poverty threshold, the
disadvantaged, and the exploited;
(vii) Establish and provide the
maintenance and improvement of jails and
detention centers, institute a sound jail
management program, and appropriate funds
for the subsistence of detainees and
convicted prisoners in the province;
(viii) Establish a provincial council whose
purpose is the promotion of culture and the
arts, coordinate with government agencies
and non-governmental organizations and,
subject to the availability of funds,
appropriate funds for the support and
development of the same;
(ix) Establish a provincial council for the
elderly which shall formulate policies and
adopt measures mutually beneficial to the
elderly and to the province; and subject to
the availability of funds, appropriate funds to
support programs and projects for the
elderly; and provide incentives for non-
governmental agencies and entities to
support the programs and projects of the
elderly; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
(b) The members of the sangguniang
panlalawigan shall receive a minimum monthly
compensation corresponding to Salary Grade
twenty-seven (27) as prescribed under R.A. No.
6758 and the implementing guidelines issued
pursuant thereto.
Caram vs. COMELEC (1993)
Facts:
The LGC provided for the conversion of the Sub-
province of Guimaras into a province and the holding
of the plebiscite wherein voters of the Province of
Iloilo and the Sub-province of Guimaras were asked
to resolve the issue of the conversion of the sub-
province to a regular province. Provincial Board of
Canvassers of Iloilo issued a certificate proclaiming
that the conversion of the Sub-province of Guimaras
to a regular province
Held:
Comelec had no the authority to exclude voters of the
Sub-province of Guimaras from voting for the
positions of the Governor, Vice-Governor, and
Members of the Sangguniang Panlalawigan
representing the Second District of the Province of
Iloilo because under s462 of the LGC, it was only in
the case where the voters ratified the conversion of
the Sub-province of Guimaras to a regular province
that the President was empowered to appoint the
officials of the newly created province. The
lawmakers failed to foresee that in the event the
negative vote in the plebiscite prevailed, the Sub-
province of Guimaras would continue to be a part of
the Province of Iloilo and be represented by the
officials of the province elected in the May 11, 1992
elections. If YES votes prevailed, it would serve no
useful purpose to undo what the COMELEC had
done and that there would be no legal basis to call
special elections to give a chance to the voters of the
Sub-province of Guimaras to vote for the provincial
officials of the Province of Iloilo. Official ballots used
in the Sub-province of Guimaras contained a space
for the voting of a Congressman for the Second
Congressional District of Iloilo, a clear indication that
the Guimaras voters could vote for said official. There
is no evidence that the voters were not able to vote
for congressman due to the lack of information
dissemination on the part of Comelec that they could
do so.
NOTES:
No need for special elections. The voters had the
chance to vote for congressman but they didn’t. The
voters are presumed to have abstained.
Q&A
Question
When I make love, I often start to laugh in the middle
of my orgasm. I can't help it. It is slightly unnerving
to my boyfriend though. He has never seen this
before. Is this normal or are we doing something
wrong?
Answer
No, you are not doing anything wrong. Many
women laugh or even cry during or after orgasm.
Orgasm can release tremendous emotions during this
time of enormous physical release. Orgasm is also a
short period of time during which we are often at our
most vulnerable. This can lead to all sorts of feelings
rushing out. Because men are taught in our society to
suppress emotions more than women, it is less
common for guys -- but it can happen nonetheless.
It is also possible that you are simply becoming
enormously ticklish right after orgasm, which is very
common for both men and women. Even the slightest
touch can be downright uncomfortable due to this
sensitivity.
Basically, you can reassure him by explaining that
this is only occurring because you are having such an
intense orgasm. If it was a little hiccup you barely
noticed, I doubt you would be laughing your head
off!
Appointive Local Officials Common to All
Municipalities, Cities, and Provinces – see
Human Resource Development
Rapisora vs. Civil Service Commission (1993)
Facts:
CSC disapproved the permanent appointment of
petitioner Edgar Rapisora as prov’l health Officer of
Benguet for lack of educational attainment. CSC also
asserted that it is not the Secretary of Health but the
local chief executive, concurred in by a majority of the
members of the sanggunian, must appoint the prov’l
health officer by virtue of the new LGC.
Held:
CSC abused its discretion when it disapproved
Rapisora’s appointment for lack of educational
attainment. As held in previous cases, when
necessary, education, experience or training may be
used interchangeable to offset deficiencies. The
necessity exists if the appointee’s training or
experience is of such a level that the same would
more than supplement the deficiency in education
considering the demands of the position in question.
The decision as to when such necessity arises rests
upon the sound discretion of the appointing authority,
who is in the best position to determine the needs of
his department or agency.
The CSC is not empowered to determine or change
the kind or nature of the appointment, for it is an
essential discretionary power and must be performed
by an officer on whom it is vested, the only condition
being that the appointee should possess the
minimum qualifications required by law.
Aguirre vs. De Castro (1999)
Facts:
Atty. Evangeline De Castro was the Chief of the
Legal Affairs and Complaint Services of the Division
of City Schools of Manila received a letter from Angel
Aguirre, City Legal Officer of Manila, w/ complaints
against her for gross misconduct and conduct
unbecoming of a public officer. Aguirre summoned
her to appear before the City legal officer for
investigation.
Issue: WON the City Legal Officer of Manila had
jurisdiction to investigate the complaint against the
Chief of the Legal Affairs and Complaint Services of
the Division of City Schools of Manila
Held:
No. The Admin Code, lodged the power to appoint
and discipline first-level EEs including De Castro with
the regional director of DECS. The LGC did not
automatically repeal the Admin Code and implied
repeal not lightly presumed.
The position of senior legal officer in the Division of
City Schools is not one of the offices covered by the
city mayor’s POWER OF APPOINTMENT under the
LGC. There is also no specific provision in the LGC
showing that the POWER TO DISCIPLINE officials in
the Division of City Schools has been devolved from
the regional director of DECS to the city mayor. There
is also no proof that De Castro is one of the devolved
personnel w/c are automatically reappointed by the
local chief executive
The SOURCE OF WAGES is not the only criteria in
determining whether the payor may be deemed the
ER. Therefore the argument that De Castro’s salary
is paid out of city funds, is not determinative of her
status as a city EE. The most important factor is the
CONTROL TEST. Who has the power to
SUPERVISE and DIRECT the work of the EE
concerned?
Leagues of LGUs and Elective Officials – LGC
Sec491. Purpose of Organization. — There
shall be an organization of all barangays to be
known as the liga ng mga barangay for the primary
purpose of determining the representation of the
Liga in the sanggunians, and for ventilating,
articulating and crystallizing issues affecting
barangay government administration and securing,
through proper and legal means, solutions thereto.
Sec492. Representation, Chapters,
National Liga. — Every barangay shall be
represented in said liga by the punong barangay, or
in his absence or incapacity, by a sanggunian
member duly elected for the purpose among its
members, who shall attend all meetings or
deliberations called by the different chapters of the
liga.
The liga shall have chapters at the municipal, city,
provincial and metropolitan political subdivision
levels.
The municipal and city chapters of the liga shall be
composed of the barangay representatives of
municipal and city barangays respectively. The duly
elected presidents of component municipal and city
chapters shall constitute the provincial chapter or
the metropolitan political subdivision chapter. The
duly elected presidents of highly-urbanized cities,
provincial chapters, the Metropolitan Manila
chapter and metropolitan political subdivision
chapters shall constitute the National Liga ng mga
Barangay.
Sec493. Organization. — The liga at the
municipal, city, provincial, metropolitan political
subdivision, and national levels directly elect a
president, a vice-president, and five (5) members of
the board of directors. The board shall appoint its
secretary and treasurer and create such other
positions as it may deem necessary for the
management of the chapter. A secretary-general
shall be elected from among the members of the
national liga and shall be charged with the overall
operation of the liga on national level. The board
shall coordinate the activities of the chapters of the
liga.
Sec494. Ex-Officio Membership in
Sanggunians. — The duly elected presidents of
the liga at the municipal, city and provincial levels,
including the component cities and municipalities of
Metropolitan Manila, shall serve as ex-officio
members of the sangguniang bayan, sangguniang
panlungsod, sangguniang panlalawigan,
respectively. They shall serve as such only during
their term of office as presidents of the liga
chapters, which in no case shall be beyond the
term of office of the sanggunian concerned.
Sec495. Powers, Functions and Duties of
the Liga. — The liga shall:
(a) Give priority to programs designed for the
total development of the barangays and in
consonance with the policies, programs and
projects of the national government;
(b) Assist in the education of barangay residents
for people's participation in local government
administration in order to promote united and
concerted action to achieve country-wide
development goals;
(c) Supplement the efforts of government in
creating gainful employment within the barangay;
(d) Adopt measures to promote the welfare of
barangay officials;
(e) Serve as a forum of the barangays in order to
forge linkages with government and non-
governmental organizations and thereby promote
 the social, economic and political well-being of the
barangays; and
(f) Exercise such other powers and perform
such other duties and functions which will bring
about stronger ties between barangays and
promote the welfare of the barangay inhabitants.
ARTICLE II: League of Municipalities
Sec496. Purpose of Organization. — There
shall be an organization of all municipalities to be
known as league of municipalities for the primary
purpose of ventilating, articulating and crystallizing
issues affecting municipal government
administration, and securing, through proper and
legal means, solutions thereto.
The league shall form provincial chapters
composed of the league presidents for all
component municipalities of the province.
Sec497. Representation. — Every
municipality shall be represented in the league by
the municipal mayor of in his absence, by the vice-
mayor or a sanggunian member duly elected for
the purpose by the members, who shall attend all
meetings and participate in the deliberations of the
league.
Sec498. Powers, Functions and Duties of
the League of Municipalities. — The league of
municipalities shall:
(a) Assist the national government in the
formulation and implementation of the policies,
programs and projects affecting municipalities as a
whole;
(b) Promote local autonomy at the municipal
level;
(c) Adopt measures for the promotion of the
welfare of all municipalities and its officials and
employees;
(d) Encourage people's participation in local
government administration in order to promote
united and concerted action for the attainment of
country-wide development goals;
(e) Supplement the efforts of the national
government in creating opportunities for gainful
employment within the municipalities;
(f) Give priority to programs designed for the
total development of the municipalities in
consonance with the policies, programs and
projects of the national government;
(g) Serve as a forum for crystallizing and
expressing ideas, seeking the necessary
assistance of the national government, and
providing the private sector avenues for
cooperation in the promotion of the welfare of the
municipalities; and
(h) Exercise such other powers and perform
such other duties and functions as the league may
prescribe for the welfare of the municipalities.
ARTICLE III: League of Cities
Sec499. Purpose of Organization. — There
shall be an organization of all cities to be known as
the League of Cities for the primary purpose of
ventilating, articulating and crystallizing issues
affecting city government administration, and
securing, through proper and legal means,
solutions thereto.
The league may form chapters at the provincial
level for the component cities of a province. Highly-
urbanized cities may also form a chapter of the
League. The National League shall be composed
of the presidents of the league of highly-urbanized
cities and the presidents of the provincial chapters
of the league of component cities.
Sec500. Representation. — Every city shall
be represented in the league by the city mayor or in
his absence, by the city vice-mayor or a
sanggunian member duly elected for the purpose
by the members, who shall attend all meetings and
participate in the deliberations of the league.
Sec501. Powers, Functions and Duties of
the League of City. — The league of cities shall:
(a) Assist the national government in the
formulation and implementation of the policies,
programs and projects affecting cities as a whole;
(b) Promote local autonomy at the city level;
(c) Adopt measures for the promotion of the
welfare of all cities and its officials and employees;
(d) Encourage people's participation in local
government administration in order to promote
united and concerted action for the attainment of
country-wide development goals;
(e) Supplement the efforts of the national
government in creating opportunities for gainful
employment the cities;
(f) Give priority to programs designed for the
total development of cities in consonance with the
policies, programs and projects of the national
government;
(g) Serve as a forum for crystallizing and
expressing ideas, seeking the necessary
assistance of the national government and
providing the private sector avenues for
cooperation in the promotion of the welfare of the
cities; and
(h) Exercise such other powers and perform
such other duties and functions as the league may
prescribe for the welfare of the cities.
ARTICLE IV: League of Provinces
Sec502. Purpose of Organization. — There
shall be an organization of all provinces to be
known as the League of Provinces for the primary
purpose of ventilating, articulating and crystallizing
issues affecting provincial and metropolitan political
subdivision government administration, and
securing, through proper and legal means,
 solutions thereto. For this purpose, the Metropolitan
Manila Area and any metropolitan political
subdivision shall be considered as separate
provincial units of the league.
Sec503. Representation. — Every province
shall be represented in the league by the provincial
governor or in his absence, by the provincial vice-
governor or a sanggunian member duly elected for
the purpose by the members, who shall attend all
meetings and participate in the deliberations of the
league.
Sec504. Powers, Functions and Duties of
the League of Provinces. — The league of
provinces shall:
(a) Assist the national government in the
formulation and implementation of the policies,
programs and projects affecting provinces as a
whole;
(b) Promote local autonomy at the provincial
level;
(c) Adopt measures for the promotion of the
welfare of all provinces and its officials and
employees;
(d) Encourage people's participation in local
government administration in order to promote
united and concerted action for the attainment of
countrywide employment within the province;
(e) Supplement the efforts of the national
government in creating opportunities for gainful
employment within the province;
(f) Give priority to programs designed for the
total development of the provinces in consonance
with the policies, programs and projects of the
national government;
(g) Serve as a forum for crystallizing and
expressing ideas, seeking the necessary
assistance of the national government and
providing the private sector avenues for
cooperation in the promotion of the welfare of the
provinces; and
(h) Exercise such other powers and perform
such other duties and functions as the league may
prescribe for the welfare of the provinces and
metropolitan political subdivisions.
ARTICLE V: Provisions Common to All Leagues
Sec505. Funding. —
(a) All leagues shall derive its funds from
contributions of member local government units
and from fund-raising projects and activities without
the necessity of securing permits therefor:
Provided, That the proceeds from said fund-raising
projects and activities shall be used primarily to
fund the projects for which the said proceeds have
been raised, subject to the pertinent provision of
this Code and the pertinent provisions of the
Omnibus Election Code.
(b) All funds of leagues shall be deposited as
trust funds with its treasurer and shall be disbursed
in accordance with the board of director's
resolutions, subject to pertinent accounting and
auditing rules and regulations: Provided, That the
treasurer shall be bonded in an amount to be
determined by the board of directors. The funds of
a chapter shall be deposited as chapter funds and
funds of the national league shall be deposited as
national funds.
Sec506. Organizational Structure. — To
ensure the effective and efficient administration, the
leagues for municipalities, cities and provinces
shall elect chapter-level and national-level boards
of directors and a set of officers headed by the
president. A secretary-general shall be chosen from
among the national league members to manage
the day to day operation and activities of the
national league. The board of directors on the
chapter or national level may create such other
positions as may be deemed necessary for the
management of the chapters and of the national
league. The national board of directors of the
leagues for municipalities, cities or provinces shall
coordinate programs, projects and activities of
chapter and the national-level league.
Sec507. Constitution and By-laws of the
Liga and the Leagues. — All other matters not
herein otherwise provided for affecting the internal
organization of the leagues of local government
units shall be governed by their respective
constitution and by-laws which are hereby made
suppletory to the provision of this Chapter:
Provided, That said Constitution and By-laws shall
always conform to the provisions of the Constitution
and existing laws.
CHAPTER II: Leagues and Federation of Local
Elective Officials
Sec508. Organization. —
(a) Vice-governors, vice-mayors, sanggunian
members of barangays, municipalities, component
cities, highly-urbanized cities and provinces, and
other elective local officials of local government
units, including those of the Metropolitan Manila
Area and any metropolitan political subdivisions,
may form their respective leagues or federation,
subject to applicable provisions of this Title and
pertinent provisions of this Code;
(b) Sanggunian members of component cities
and municipalities shall form a provincial federation
and elect a board of directors and a set of officers
headed by the president. The duly elected
president of the provincial federation of sanggunian
members of component cities and municipalities
shall be an ex-officio member of the sangguniang
panlalawigan concerned and shall serve as such
only during his term of office as president of the
 provincial federation of sanggunian members of
component cities and municipalities, which in no
case shall be beyond the term of office of the
sanggunian panlalawigan concerned.
Sec509. Constitution and By-laws. — The
leagues or federations shall adopt a Constitution
and by-laws which shall govern their internal
organization and operation: Provided, That said
Constitution and by-laws shall always conform to
the provision of the Constitution and existing laws.
Sec510. Funding. — The leagues and
federations may derive funds from contributions of
individual league or federation members or from
fund-raising projects or activities. The local
government unit concerned may appropriate funds
to support the leagues or federation organized
pursuant to this Section, subject to the availability
of funds.
Galarosa vs. Valencia (1993)
Facts:
Galarosa was incumbent president of the katipunang
bayan or Association of Barangay Councils (ABC) of
Sorsogon and was appointed ex officio member of
the Sangguniang Bayan (SB) of Sorsogon pursuant
to EO 342. Lasay filed for declaratory relief saying
that Galarosa's term as an ex officio member of the
SB of Sorsogon is coterminous with that of the said
SB w/c expired on june 30.
Issue: WON Galarosa can continue to serve as a
member of the SB beyond 30 June 1992, the date
when the term of office of the elective members of
the SB of Sorsogon expired
Held:
Yes, on the basis of the "hold-over doctrine". There is
no law which prohibits them from holding over as
members of the sangguniang bayan. In fact, the IRR
of the LGC and two DILG Memorandum Circulars
even expressly allow that hold-over authority to ABC
presidents. The purpose of a hold over is to prevent
a hiatus in the government pending the time
when the successor may be chosen and inducted
into office. Section 494 of the Local Government
Code could not have been intended to allow a gap in
the representation of the barangays, through the
presidents of the ABC, in the sanggunian.
NOTES:
Q: Is this doctrine still relevant?
A: Yes, because the local electons and the liga
elections not held at the same date. Thus, they don’t
assume office at the same date.
Miguel vs. CA (1994) supra
Under the RRI (Rule 29), the election of the first set
of officers of the national and local chapters of the
Liga cannot be held unless a constitution and by-laws
for the Liga is first adopted and ratified by the
incumbent members of the board of the Pambansang
Katipunang ng mga Barangay (the members of the
board were the presidents of the chapters). Inasmuch
as no constitution and by-laws had been drafterd by
the committee and ratified by the barangay national
assembly when the said Ad Hoc Committee of QC
met on April 1992, the said meeting and the elections
conducted therein were invalid.
Viola vs. Alunan III (1997)
Facts:
Cesar G. Viola, filed petition for prohibition
challenging the validity of Art. III, §§1-2 of the
Revised Implementing Rules and Guidelines for the
General Elections of the Liga ng mga Barangay
Officers in so far as they provide for the election of
first, second and third vice presidents and for auditors
for the National Liga ng mga Barangay and its
chapters.
Issue: WON §§1-2 of the Implementing Rules are
valid
Held:
Yes. The creation of the additional positions is
authorized by §493 of LGC w/cn in fact requires —
and not merely authorizes — the board of directors to
"create such other positions as it may deem
necessary for the management of the chapter" and
belies petitioner's claim that §493 limits the officers of
a chapter to the president, VP, 5 members of the
board of directors, secretary, and treasurer. Also, the
creation of these positions was actually made in the
constitution and by-laws of the Liga ng mga
Barangay adopted by the 1st Brgy National Assembly.
Congress can delegate the power to create positions
such as these. §493 embodies a fairly intelligible
standard “deemed necessary for the management of
the chapters,". There is no undue delegation of power
by Congress. SC decisions have upheld the validity
of reorganization statutes authorizing the President of
the Philippines to create, abolish or merge offices in
the executive department.
Bito-onon vs. Fernandez (2001)
Facts:
Bito-Onon was proclaimed winner as Executive VP of
the Liga ng mga Brgy Provincial Chapter of Palawan.
Quejano filed post proclamation protest w/ the Board
of Election Supervisors (BES) which decided against
him. Quejano filed petition for review w/ RTC. Onon
filed MTD claiming that RTC have no JD to review
BES decisions in any post proclamation protest.
DILG MC 97-193: review of BES decision is w/ any
regular courts
Guidelines by the Liga: review of BES decision is w/
National Liga Board
Issue1: Does the president’s power of general
supervision extend to the liga ng mga brgy which is
not an LGU
Held:
YES. DOJ ruled that the liga ng mga brgy is a gov’t
organization, being an association, federation or
league or union created by law or by authority of law
whose members are either appointed or elected gov’t
officals.
The ligas are primarily governed by the LGCode.
However, their respective constitutions and by laws
shall govern all matters affecting the internal
organization of the liga not otherwise provided for in
the LGCode, provided that such consti and bylaws
shall be suppletory to Book II Title VI of LGCode and
shall always conform to Constitution and existing
laws.
In authorizing the filing of the petition for review of
BES decision w/ regular courts under MC 97-193 ,
the DILG sec in effect amended and modified the
Guidelines promulgated by the Liga which provides
that review of BES decision is w/ National Liga
Board. The amendment of the guidelines is more
than an exercise of supervision but is an exercise of
the power of control w/c the president doesn’t have
over the liga.
Q&A
Question
Can a person distinguish whether a woman is a
virgin by the color and size of her nipples?
Answer
I was scratching my head the first time I read this
question a few months ago. Since that time, I have
read the same question from hundreds of readers! I
think a new urban legend/old wives' tale must be in
the works.
No, you cannot tell whether a woman -- or a man, for
that matter -- has had sex by the size, shape, or color
of her or his nipples. I am making a guess here, but I
think the origin of this myth may come from the fact
that women who have been pregnant do sometimes
have larger, darker nipples. But this has nothing to
do with simply being sexually active.
Folks, I have heard hundreds of people insist that
you can tell if a woman is a virgin by everything
from how she walks to something about her eyes.
The reality is that the only way to know if someone
has ever had sex is to ask them. Nothing magical
happens to a person's body after they have sex for the
first time. Do people look different after they've
ridden a horse for the first time or had their first
drink? Well, yes, but only for a few hours. :)
So, stop looking for ways to "know." Whether or not
someone is a "virgin" is such an ambiguous question
as to almost be unanswerable anyway.
Part IV: Miscellaneous and
Final Provisions
Provisions for Implementation – LGC
Sec511. Posting and Publication of
Ordinances with Penal Sanctions. —
(a) Ordinances with penal sanctions shall be
posted at prominent places in the provincial capitol,
city, municipal or barangay hall, as the case may
be, for a minimum period of three (3) consecutive
weeks. Such ordinances shall also be published in
a newspaper of general circulation, where
available, within the territorial jurisdiction of the
local government unit concerned, except in the
case of barangay ordinances. Unless otherwise
provided therein, said ordinances shall take effect
on the day following its publication, or at the end of
the period of posting, whichever occurs later.
(b) Any public officer or employee who violates
an ordinance may be meted administrative
disciplinary action, without prejudice to the filing of
the appropriate civil or criminal action.
(c) The secretary to the sanggunian concerned
shall transmit official copies of such ordinances to
the chief executive officer of the Office Gazette
within seven (7) days following the approval of the
said ordinance for publication purposes. The
Official Gazette may publish ordinances with penal
sanctions for archival and reference purposes.

Sec512. Withholding of Benefits Accorded
to Barangay Officials. — Willful and malicious
withholding of any of the benefits accorded to
barangay officials under Section 393 hereof shall
be punished with suspension or dismissal from
office of the official or employee responsible
therefor.
Sec513. Failure to Post and Publish the
Itemized Monthly Collections and
Disbursements. — Failure by the local treasurer of
the local chief accountant to post the itemized
monthly collections and disbursements of the local
government unit concerned within ten (10) days
following the end of every month and for at least
two (2) consecutive weeks at prominent places in
the main office building of the local government unit
concerned, its plaza and main street, and to publish
said itemization in a newspaper of general
circulation, where available, in the territorial
jurisdiction of such unit, shall be punished by a fine
not exceeding Five hundred pesos (P500.00) or by
imprisonment not exceeding one (1) month, or both
such fine and imprisonment, at the discretion of the
court.
Sec514. Engaging in Prohibited Business
Transactions or Possessing Illegal Pecuniary
Interest. — Any local official and any person or
persons dealing with him who violate the
prohibitions provided in Section 89 of Book I
hereof, shall be punished with imprisonment for six
months and one day to six years, or a fine of not
less than Three thousand pesos (P3,000.00) nor
more than Ten thousand pesos (P10,000.00), or
both such imprisonment and fine at the discretion
of the court.
Sec515. Refusal or Failure of Any Party or
Witness to Appear before the Lupon or
Pangkat. — Refusal or willful failure of any party or
witness to appear before the lupon or pangkat in
compliance with a summons issued pursuant to the
provisions on the Katarungang Pambarangay
under Chapter 7, Title III of this Code may be
punished by the city or municipal court as for
indirect contempt of court upon application filed
therewith by the lupon chairman, the pangkat
chairman, or by any of the contending parties. Such
refusal or willful failure to appear shall be reflected
in the records of the lupon secretary or in the
minutes of the pangkat secretary and shall bar the
complainant who fails to appear, from seeking
judicial recourse for the same cause of action, and
the respondent who refuses to appear, from filing
any counterclaim arising out of, or necessarily
connected with the complaint.
A pangkat member who serves as such shall be
entitled to an honorarium, the amount of which is to
be determined by the sanggunian concerned
subject to the provisions in this Code cited above.
Sec516. Penalties for Violation of Tax
Ordinances. — The sanggunian of a local
government unit is authorized to prescribe fines or
other penalties for violation of tax ordinances but in
no case shall such fines be less than One thousand
pesos (P1,000.00) nor more than Five thousand
pesos (P5,000.00), nor shall imprisonment be less
than one (1) month nor more than six (6) months.
Such fine or other penalty, or both, shall be
imposed at the discretion of the court. The
sangguniang barangay may prescribe a fine of not
less than One hundred pesos (P100.00) nor more
than One thousand pesos (P1,000.00).
Sec517. Omission of Property from
Assessment or Tax Rolls by Officers and Other
Acts. — Any officer charged with the duty of
assessing real property who willfully fails to assess,
or who intentionally omits from the assessment or
tax roll any real property which he knows to be
taxable, or who willfully or negligently under
assesses any real property, or who intentionally
violates or fails to perform any duty imposed upon
him by law relating to the assessment of taxable
real property shall, upon conviction, be punished by
a fine of not less than One thousand pesos
(P1,000.00) nor more than Five thousand pesos
(P5,000.00), or by imprisonment of not less than
one (1) month nor more than six (6) months, or
both such fine and imprisonment, at the discretion
of the court.
The same penalty shall be imposed upon any
officer charged with the duty of collecting the tax
due on real property who willfully or negligently fails
to collect the tax and institute the necessary
proceedings for the collection of the same.
Any other officer required by this Code to perform
acts relating to the administration of the real
property tax or to assist the assessor or treasurer in
such administration, who willfully fails to discharge
such duties shall, upon conviction be punished by a
fine of not less than Five hundred pesos (P500.00)
nor more than Five thousand pesos (P5,000.00) or
imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.
Sec518. Government Agents Delaying
Assessment of Real Property and Assessment
Appeals. — Any government official who
intentionally and deliberately delays the
assessment of real property or the filing of any
appeal against its assessment shall, upon
conviction, be punished by a fine of not less than
Five hundred pesos (P500.00) nor more than Five
thousand pesos (P5,000.00), or by imprisonment of
not less than one (1) month nor more than six (6)
 months, or both such fine and imprisonment, at the
discretion of the court.
Sec519. Failure to Dispose of Delinquent
Real Property at Public Auction. — The local
treasurer concerned who fails to dispose of
delinquent real property at public auction in
compliance with the pertinent provisions of this
Code, and any other local government official
whose acts hinder the prompt disposition of
delinquent real property at public auction shall,
upon conviction, be subject to a fine of not less
than One thousand pesos (P1,000.00) nor more
than Five thousand pesos (P5,000.00), or
imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.
Sec520. Prohibited Acts Related to the
Award of Contracts Under the Provisions on
Credit Financing. — It shall be unlawful for any
public official or employee in the provincial, city, or
municipal government, or their relatives within the
fourth civil degree of consanguinity or affinity, to
enter into or have any pecuniary interest in any
contract for the construction, acquisition, operation
or maintenance of any project awarded pursuant to
the provisions of Title Four in Book II hereof, or for
the procurement of any supplies, materials, or
equipment of any kind to be used in the said
project. Any person convicted for violation of the
provisions of said Title shall be removed from office
and shall be punishable by imprisonment of not
less than one (1) month, nor more than two (2)
years, at the discretion of the court, without
prejudice to prosecution under other laws.
TITLE II: Provisions for Implementation
Sec521. Mandatory Review Every Five
Years. — Congress shall undertake a mandatory
review of this Code at least once every five (5)
years and as often as it may deem necessary, with
the primary objective of providing a more
responsive and accountable local government
structure.
Sec522. Insurance Coverage. — The
Government Service Insurance System (GSIS)
shall establish and administer an appropriate
system under which the punong barangay, the
members of the sangguniang barangay, the
barangay secretary, the barangay treasurer, and
the members of the barangay tanod shall enjoy
insurance coverage as provided in this Code and
other pertinent laws. For this purpose, the GSIS is
hereby directed to undertake an actuarial study,
issue rules and regulations, determine the
premiums payable, and recommend to Congress
the amount of appropriations needed to support the
system. The amount needed for the implementation
of the said insurance shall be included in the
annual General Appropriations Act.
Sec523. Personnel Retirement and/or
Benefits. — An official or employee of the national
government or local government unit separated
from the service as a result of reorganization
effected under this Code shall, if entitled under the
laws then in force, receive the retirement and other
benefits accruing thereunder: Provided, however,
That such benefits shall be given funding priority by
the Department of Budget and Management in the
case of national officials and employees, and the
local government unit concerned in the case of
local officials and employees.
Where the employee concerned is not eligible for
retirement, he shall be entitled to a gratuity from the
national government or the local government unit
concerned, as the case may be, equivalent to an
amount not lower than one (1) month salary for
every year of service over and above the monetary
value of the leave credits said employee is entitled
to receive pursuant to existing laws.
Sec524. Inventory of Infrastructure and
Other Community Facilities. —
(a) Each local government unit shall conduct a
periodic inventory of infrastructure and other
community facilities and undertake the
maintenance, repair, improvement, or
reconstruction of these facilities through a closer
cooperation among the various agencies of the
national government operating within the province,
city, or municipality concerned.
(b) No infrastructure or community project within
the territorial jurisdiction of any local government
unit shall be undertaken without informing the local
chief executive and the sanggunian concerned.
Sec525. Records and Properties. — All
records, equipment, buildings, facilities, and other
properties of any office or body of a local
government unit abolished or reorganized under
this Code shall be transferred to the office or body
to which its powers, functions, and responsibilities
are substantially devolved.
Transitory Provisions – LGC
Sec526. Application of this Code to Local
Government Units in the Autonomous Regions.
— This Code shall apply to all provinces, cities,
municipalities and barangays in the autonomous
regions until such time as the regional government
concerned shall have enacted its own local
government code.
Sec527. Prior Approval or Clearance on
Regular and Recurring Transactions. — Six (6)
months after effectivity of this Code, prior approval
of or clearance from national agencies or offices
shall no longer be required for regular and recurring
transactions and activities of local government
units.
Sec528. Deconcentration of Requisite
Authority and Power. — The national government
shall, six (6) months after the effectivity of this
Code, effect the deconcentration of requisite
authority and power to the appropriate regional
offices or field offices of national agencies or offices
whose major functions are not devolved to local
government units.
Sec529. Tax Ordinances or Revenue
Measures. — All existing tax ordinances or
revenue measures of local government units shall
continue to be in force and effect after the effectivity
of this Code unless amended by the sanggunian
concerned, or inconsistent with, or in violation of,
the provisions of this Code.
Sec530. Local Water Districts. — All
powers, functions, and attributes granted by
Presidential Decree Numbered One hundred
ninety-eight (P.D. No. 198), otherwise known as
"The Provincial Water Utility Act of 1973," to the
Local Water Utilities Administration (LWUA) may be
devolved in toto to the existing local water districts
should they opt or choose to exercise, in writing,
such powers, functions and attributes: Provided,
That all obligations of the local government unit
concerned to the LWUA shall first be settled prior to
said devolution.
Sec531. Debt Relief for Local Government
Units. —
(a) Unremitted national collections and statutory
contributions. — All debts owed by local
government units to the national government in
unremitted contributions to the Integrated National
Police Fund, the Special Education Fund, and other
statutory contributions as well as in unremitted
national government shares of taxes, charges, and
fees collected by the local government units, are
hereby written off in full.
(b) Program loans. —
(1) Program loans secured by local government
units which were relent to private persons,
natural or juridical, shall likewise be written
off from the books of the local government
units concerned: Provided, however, That the
national government agency tasked with the
implementation of these programs shall
continue to collect from the debtors
belonging to the private sector concerned.
(2) Program loans granted to local government
units by national government agencies and
which were utilized by the local units for
community development, livelihood, and
other small-scale projects are hereby written
off in full.
(c) Settlement of debts due to government
financing institutions (GFIs), government-owned
and controlled corporations (GOCCs), and private
utilities. The national government shall assume all
debts incurred or contracted by local government
units from GFIs, GOCCs, and private utilities that
are outstanding as of December 31, 1988, in
accordance with the following schemes:
(1) Debts due GFIs. — The national government
may buy outstanding obligations incurred by
local government units from government
financing institutions at a discounted rate.
(2) Debts due GOCCs. — The national
government may settle such obligations at
discounted rate through offsetting, only to the
extent of the obligations of local governments
against the outstanding advances made by
the National Treasury in behalf of the
government-owned and controlled
corporations concerned.
(3) Debts Due Private Utilities. — The national
government may settle these obligations at a
discounted rate by offsetting against the
outstanding obligations of such private
utilities to government-owned corporation.
GOCCs may in turn offset these obligations
against the outstanding advances made by
the National Treasury in their behalf.
In the case of obligation owed by local
government units to private utilities which are not
indebted to any GOCC or national government
agency, the national government may instead buy
the obligations of the local government units from
the private utilities at a discounted rate, upon
concurrence by the private utilities concerned.
(d) Limitations. — Obligations to the Home
Development and Mutual Fund (Pag-ibig),
Medicare, and those pertaining to premium
contributions and amortization payments of salary
and policy loans to the Government Service
Insurance System are excluded from the coverage
of this Section.
(e) Recovery schemes for the national
government. — Local government units shall pay
back the national government whatever amounts
were advanced or offset by the national
government to settle their obligations to GFIs,
GOCCs, and private utilities. The national
government shall not charge interest or penalties
on the outstanding balance owed by the local
government units.
These outstanding obligations shall be restructured
and an amortization schedule prepared, based on
the capability of the local government unit to pay,
 taking into consideration the amount owed to the
national government.
The national government is hereby authorized to
deduct from the quarterly share of each local
government unit in the internal revenue collections
an amount to be determined on the basis of the
amortization schedule of the local unit concerned:
Provided, That such amount shall not exceed five
percent (5%) of the monthly internal revenue
allotment of the local government unit concerned.
As incentive to debtor-local government units to
increase the efficiency of their fiscal administration,
the national government shall write off the debt of
the local government unit concerned at the rate of
five percent (5%) for every one percent (1%)
increase in revenues generated by such local
government unit over that of the preceding year.
For this purpose, the annual increase in local
revenue collection shall be computed starting from
the year 1988.
(f) Appropriations. — Such amount as may be
necessary to implement the provisions of this
Section shall be included in the annual General
Appropriations Act.
Sec532. Elections for the Sangguniang
Kabataan. —
(a) The first elections for the sangguniang
kabataan to be conducted under this Code shall be
held thirty (30) days after the next local elections:
Provided, That, the regular elections for the
sangguniang kabataan shall be held one hundred
twenty (120) days after the barangay elections
thereafter.
(b) The amount pertaining to the ten percent
(10%) allocation for the kabataang barangay as
provided for in Section 103 of Batas Pambansa
Blg. 337 is hereby reappropriated for the purpose
of funding the first elections mentioned above. The
balance of said funds, if there by any after the said
elections, shall be administered by the Presidential
Council for Youth Affairs for the purpose of training
the newly elected sangguniang kabataan officials in
the discharge of their functions.
(c) For the regular elections of the sangguniang
kabataan, funds shall be taken from the ten percent
(10%) of the barangay funds reserved for the
sangguniang kabataan, as provided for in Section
328 of this Code.
(d) All seats reserved for the pederasyon ng
mga sangguniang kabataan in the different
sanggunians shall be deemed vacant until such
time that the sangguniang kabataan chairmen shall
have been elected and the respective pederasyon
presidents have been selected: Provided, That,
elections for the kabataang barangay conducted
under Batas Pambansa Blg. 337 at any time
between January 1, 1988 and January 1, 1992
shall be considered as the first elections provided
for in this Code. The term of office of the kabataang
barangay officials elected within the said period
shall be extended correspondingly to coincide with
the term of office of those elected under this Code.
Sec533. Formulation of Implementing
Rules and Regulations. — (a) Within one
(1) month after the approval of this Code, the
President shall convene the Oversight shall
formulate and issue the appropriate rules and
regulations necessary for the efficient and effective
implementation of any and all provisions of this
Code, thereby ensuring compliance with the
principles of local autonomy as defined under the
Constitution.
(b) The Committee shall be composed of the
following:
(1) The Executive Secretary, who shall be the
Chairman;
(2) Three (3) members of the Senate to be
appointed by the President of the Senate, to
include the Chairman of the Committee on
Local Government;
(3) Three (3) members of the House of
Representatives to be appointed by the
Speaker, to include the Chairman of the
Committee on Local Government;
(4) The Cabinet, represented by the following:
(i) Secretary of the Interior and Local
Government;
(ii) Secretary of Finance;
(iii) Secretary of Budget and
Management; and
(5) One (1) representative from each of the
following:
(i) The League of Provinces;
(ii) The League of Cities;
(iii) The League of Municipalities; and
(iv) The Liga ng mga Barangay.
(c) The Committee shall submit its report and
recommendation to the President within two (2)
months after its organization. If the President fails
to act within thirty (30) days from receipt thereof,
the recommendation of the Oversight Committee
shall be deemed approved. Thereafter, the
Committee shall supervise the transfer of such
powers and functions mandated under this Code to
the local government units, together with the
corresponding personnel, properties, assets and
liabilities of the offices or agencies concerned, with
the least possible disruptions to existing programs
and projects. The Committee shall likewise
recommend the corresponding appropriations
necessary to effect the said transfer.
For this purpose, the services of a technical staff
shall be enlisted from among the qualified
employees of Congress, the government offices,
and the leagues constituting the Committee.
(d) The funding requirements and the secretariat
of the Committee shall be provided by the Office of
the Executive Secretary.
 (e) The sum of Five million pesos (P5,000,000),
which shall be charged against the Contingent
Fund, is hereby allotted to the Committee to fund
the undertaking of an information campaign on this
Code. The Committee shall formulate the
guidelines governing the conduct of said campaign,
and shall determine the national agencies or offices
to be involved for this purpose.
Application of the Code to Local Government
Units in the Autonomous Regions – LGC
Sec526. Application of this Code to Local
Government Units in the Autonomous Regions.
— This Code shall apply to all provinces, cities,
municipalities and barangays in the autonomous
regions until such time as the regional government
concerned shall have enacted its own local
government code.
Q&A
Question
I am almost 54 and I am in a relationship with a
woman again after being alone for many years. I can
still get erections, but not like I once did. How can I
regain my previous erections?
Answer
Assuming you are in good health and there are no
other problems, there is really not much you can do,
but that is okay.
In our youth-obsessed culture, we are often led to
believe that being like a twenty year old is the best
way to be. The reality is that all men will take longer
to get an erection as they get older. The days of
getting an instant "hard on" whenever you see a
doorknob are probably over.
As men get older, they require more direct
stimulation, take longer to get an erection, and often
don't have as firm erections. However, this lack of
speed is not actually a shortcoming. Many men find,
for example, that they have much better orgasm
control as they get older.
Most importantly, having an instant erection is not
synonymous with good sex. You have a world of
knowledge and experience now. Almost no 20 year
old can match a 50 year old as a lover!
The Autonomous Region in Muslim
Mindanao
1987 Constitution – Article X
Sec1. The territorial and political subdivisions of the
Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall
be autonomous regions in Muslim Mindanao and
the Cordilleras as hereinafter provided.
Sec15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity of
the Republic of the Philippines.
Sec16. The President shall exercise general
supervision over autonomous regions to ensure
that the laws are faithfully executed.
Sec18. The Congress shall enact an organic act for
each autonomous region with the assistance and
participation of the regional consultative
commission composed of representatives
appointed by the President from a list of nominees
from multisectoral bodies. The organic act shall
define the basic structure of government from the
region consisting of the executive department and
legislative assembly, both of which shall be elective
and representative of the constituent political units.
The organic acts shall likewise provide for special
courts with personal, family, and property law
jurisdiction consistent with the provisions of this
Constitution and national laws.
The creation of the autonomous region shall be
effective when approved by majority of the votes
cast by the constituent units in a plebiscite called
for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in
such plebiscite shall be included in the autonomous
region.
Sec20. Within its territorial jurisdiction and subject to
the provisions of this Constitution and national
laws, the organic act of autonomous regions shall
provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning
development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural
heritage; and
(9) Such other matters as may be authorized by
law for the promotion of the general welfare
of the people of the region.

Sec21. The preservation of peace and order within
the regions shall be the responsibility of the local
police agencies which shall be organized,
maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of
the regions shall be the responsibility of the
National Government.
RA 6734 (1989) AN ACT PROVIDING FOR AN
ORGANIC ACT FOR THE AUTONOMOUS REGION
IN MUSLIM MINDANAO
RA 8746 (1999) AN ACT PROVIDING FOR THE
DATE OF THE REGULAR ELECTIONS OF
REGIONAL GOVERNOR, REGIONAL VICE-
GOVERNOR AND MEMBERS OF THE REGIONAL
LEGISLATIVE ASSEMBLY OF THE ARMM
For 1996 – 9 SEPT 99
For 1999 – 2nd Monday of September
RA 9012 (2000) AN ACT RESETTING THE
REGULAR ELECTIONS FOR ELECTIVE OFFICIALS
OF ARMM TO THE SECOND MONDAY OF
SEPTEMBER 2001 AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8953
RA 9054 (2001) - An Act To Strengthen And Expand
The Organic Act For The Autonomous Region In
Muslim Mindanao, Amending For The Purpose
Republic Act No. 6734, Entitled 'An Act Providing For
The Autonomous Region In Muslim Mindanao', As
Amended
ARTICLE I: Name and Purpose
Sec1. The name of the Autonomous Region shall
be the Autonomous Region in Muslim Mindanao
unless provided otherwise by the Regional
Assembly.
The Autonomous Region in Muslim Mindanao shall
be governed by the Regional Government.
ARTICLE II: The Autonomous Region
Area and Seat of Government
Sec1. Expanded Autonomous Region. —
(1) The Autonomous Region in Muslim
Mindanao which, under the provisions of Republic
Act No. 6734, the Organic Act for the Autonomous
Region in Muslim Mindanao, is composed of the
four provinces of Lanao del Sur, Maguindanao,
Sulu and Tawi-Tawi, is hereby expanded to include
the provinces and cities, enumerated hereunder,
which vote favorably to be included in the
expanded area of the autonomous region and for
other purposes, in a plebiscite called for that
purpose in accordance with Section 18, Article X of
the Constitution.
The new area of autonomy shall then be
determined by the provinces and cities that will
vote/choose to join the said autonomy. It is
understood that Congress may by law which shall
be consistent with the Constitution and in
accordance with the provisions of Republic Act No.
7160, the Local Government Code of 1991, provide
that clusters of contiguous-Muslim-dominated
municipalities voting in favor of autonomy be
merged and constituted into a new province(s)
which shall become part of the new Autonomous
Region.
(2) Plebiscite Coverage. The plebiscite shall be
conducted in the provinces of Basilan, Cotabato,
Davao del Sur, Lanao del Norte, Lanao del Sur,
Maguindanao, Palawan, Sarangani, South
Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi,
Zamboanga del Norte, Zamboanga del Sur and the
newly created Province of Zamboanga Sibugay,
and (b) in the cities of Cotabato, Dapitan, Dipolog,
General Santos, Iligan, Kidapawan, Marawi,
Pagadian, Puerto Princesa, Digos, Koronadal,
Tacurong and Zamboanga.
(a) PLEBISCITE QUESTION FOR VOTERS OF
THE FOUR ORIGINAL PROVINCES OF
THE AUTONOMOUS REGION. For the
voters of the provinces of Maguindanao,
Lanao del Sur, Sulu and Tawi-Tawi which are
already members of the autonomous region
under the provisions of Republic Act No.
6734, the Organic Act for the Autonomous
Region in Muslim Mindanao, the question to
be asked in the plebiscite of the voters
therein shall be as follows: Do you vote in
favor of the amendments to Republic Act No.
6734, the Organic Act for the Autonomous
Region in Muslim Mindanao, as proposed
under this Organic Act, which includes,
among other things, the expansion of the
area of the autonomous region?
(b) PLEBISCITE QUESTION FOR THE
VOTERS OF THE PROVINCES AND CITIES
PROPOSED FOR INCLUSION IN THE
EXPANDED AUTONOMOUS REGION. For
the voters of the provinces of Basilan,
Cotabato, Davao del Sur, Lanao del Norte,
Palawan, Sarangani, South Cotabato, Sultan
Kudarat, Zamboanga del Norte, Zamboanga
del Sur, and the newly created Province of
Zamboanga Sibugay, and the cities of
Cotabato, Dapitan, Dipolog, Digos,
Koronadal, Tacurong, General Santos, Iligan,
Kidapawan, Marawi, Pagadian, Puerto
Princesa, and Zamboanga, which compose
the provinces and cities that are proposed for
inclusion in the expanded area of the
autonomous region, the question to be asked
in the plebiscite of the voters therein shall be
as follows: Do you vote in favor of the
 inclusion of your province or city in the
Autonomous Region in Muslim Mindanao?
Sec2. Results of the Plebiscite. —
(a) In the four provinces. If the majority of the
voters of the four provinces of Lanao del Sur
Maguindanao, Sulu, and Tawi-Tawi vote in favor of
the above-mentioned proposed amendments, the
amendments are deemed ratified. Otherwise, the
amendments are deemed rejected except as
regards the inclusion of the provinces and cities
that vote for their inclusion in the autonomous
region as provided in this Organic Act, in which
case, the said provinces and cities shall become
members of the autonomous region.
(b) In the provinces or cities proposed for
inclusion in the expanded area of the autonomous
region. A majority of the votes cast in the plebiscite
in every province or city in favor of the inclusion of
the province or city as members of the expanded
area of the autonomous region as provided in this
Organic Act shall effect their membership in the
autonomous region.
Sec3. Seat of Autonomous Government. — The
regional legislative assembly, hereinafter referred
to as the Regional Assembly, shall by law, fix the
permanent seat of government of the regional
government in any province or city that is a
member of the autonomous region, taking into
consideration accessibility and efficiency in which
its mandate may be carried out under this Organic
Act.
Until the seat of the regional government is
transferred as provided above, its provisional seat
shall be in Cotabato City. The Regional Assembly
elected after the plebiscite mentioned in this
Organic Act, shall, within its term, identify the site of
the permanent seat of the regional government.
The central government which shall also mean the
national government shall appropriate funds for the
transfer of the provisional seat to its permanent site
as determined by the Regional Assembly.
ARTICLE III: Guiding Principles and Policies
Sec1.Integral Part of the Republic.
Sec2.Peaceful Settlement of Conflicts.
Sec3.Devolution of Powers. — The regional
government shall adopt a policy on local autonomy
whereby regional powers shall be devolved to local
government units particularly in areas of education,
health, human resource, science and technology
and people empowerment. Until a law
implementing this provision is enacted by the
Regional Assembly, Republic Act No. 7160 the
Local Government Code of 1991, shall continue to
apply to all the provinces, cities, municipalities, and
barangay within the autonomous region.
The Regional Assembly may not pass any law to
diminish lessen, or reduce the powers, functions,
and shares in the internal revenue taxes of the said
local government units as provided by Republic Act
No. 7160, the Local Government Code of 1991.
Sec4.Charters Govern Cities. —
Sec5.Customs, Traditions, Religious Freedom
Guaranteed.
Sec6.Filipino and Islamic Values In Educational
Policies. — The regional government shall adopt
educational policies that shall perpetuate Filipino
and Islamic values and ideals and the just
aspirations of the Bangsa Moro with due respect to
the beliefs, customs, traditions, and religions of the
other non-Muslim inhabitants of the region be they
Christians, Jews, Buddhists, or of any other
religious denomination.
Sec7.Improving Status of the Marginalized.
Sec8.Regional Government Authority Over
Natural Resources.
Sec9.Preferential Rights of Inhabitants and
Their Safeguards.
Sec10. Protection Of Women and
Children.
Sec11. Enhancement of Quality of Life
Sec12. Progressive Tax System. — The
Regional Assembly shall adopt an efficient and
progressive system of taxation which, among other
things, shall provide incentives for the prompt
payment of taxes and penalize tax evasion and
delinquency.
Sec13. Equitable Share In National
Budget and Development Assistance.
Sec14. Rights to Initiatives,
Consultations, Referenda and Plebiscites.
Sec15. Fundamental Rights and Duties of
People.
Sec16. Human Rights Commission.
Sec17. Environment Protection and Sustainable
Development.
ARTICLE IV: Powers of Government
Sec1. Powers and Functions. — Subject to the
provisions of the Constitution, the Regional
Government shall exercise those powers and
functions expressly granted to it in this Organic Act,
or necessary for or incidental to the proper
governance and development of all the constituent
units within the autonomous region consistent with
the policy on regional and local autonomy and
decentralization.
The Regional Government may enact its own
regional administrative code and regional local
government code consistent with the Constitution.
The powers and functions already vested upon and
the shares of the national taxes provided by
Republic Act No. 7160, the Local Government
Code of 1991, to provinces, cities, municipalities,
and barangay in the autonomous region shall not
be reduced.
Sec2. Corporate Entity.
Sec3. Scope of Regional Assembly Legislative
Power Exceptions. — The Regional Assembly
may exercise legislative power in the autonomous
region for the benefit of the people and for the
development of the region except on the following
matters:
(a) Foreign affairs;
(b) National defense and security;
(c) Postal service;
(d) Coinage and fiscal and monetary policies;
(e) Administration of justice; It may, however,
legislate on matters covered by the Shari'ah. The
Shari'ah shall apply only to Muslims. Its application
shall be limited by pertinent constitutional
provisions, particularly by the prohibition against
cruel and unusual punishment and by pertinent
national legislation that promotes human rights and
the universally accepted legal principles and
precepts;
(f) Quarantine;
(g) Customs and tariff;
(h) Citizenship;
(i) Naturalization, immigration and deportation;
(j) General auditing;
(k) National elections;
(l) Maritime, land and air transportation, and
communications; The autonomous government
shall, however, have the power to grant franchises,
licenses and permits to land, sea and air
transportation plying routes in the provinces or
cities within the region, and communications
facilities whose frequencies are confined to and
whose main offices are located within the
autonomous region;
(m) Patents, trademarks, trade names, and
copyrights; and
(n) Foreign trade.
Sec4. General Welfare Powers.
Sec5. Representation In Central government or
national government Departments, Offices.
Sec6. Eminent Domain..
ARTICLE V: Inter-Governmental Relations
Sec1. General Supervision of the President Over
the Regional Governor. — Consistent with the
Constitution and basic policy on local autonomy,
the President of the Republic shall exercise general
supervision over the Regional Governor to ensure
that his or her acts are within the scope of his or
her powers and functions.
The power of supervision of the President over the
provincial governors and the mayors of the highly
urbanized cities shall be exercised through the
Regional Governor; over the mayors of the
component cities and municipalities, through the
provincial governor and over the punong barangay,
through the city or municipal mayor.
In addition to other acts which he or she may
impose under the Constitution and this Organic Act,
the President may suspend, reduce, or cancel the
financial blocks or grants-in-aid, funds for
infrastructure, and other forms of assistance
intended for the autonomous region (1) if the
regional government fails to account for the funds
and financial assistance released to it by the
central government or national government, within
one month from the end of every quarter in which
the funds and financial assistance had been
released or (2) when measures for the protection
and enhancement of the civil, human, political or
religious rights of the lumads, Christians and other
minorities in the autonomous region ordained by
the Constitution and this Organic Act, are not
respected or are violated or are not implemented
within one (1) year from its enactment.
The President may suspend the Regional Governor
for a period not exceeding six (6) months for willful
violation of the Constitution, this Organic Act or any
existing law that applies to the autonomous region.
Sec2. Cabinet Membership.
Sec3. Shari'ah and Tribal Courts; Coordination
With Central Government or National
Government.
Sec4. Representation of Autonomous Region in
General in the Central Government or National
Government. —
Sec5. Representatives In Executive
Departments and Constitutional Bodies. —
Sec6. Ex Officio Member of the National
Security Council.
Sec7. Representatives In Government-Owned
Or-Controlled Corporations.
ARTICLE VI: The Legislative Department
Sec1. Regional Assembly.
Sec2. Election of Regional Assembly. — The
Regional Assembly shall be composed of Members
elected by popular vote, with three (3) members
elected from each of the legislative districts.
Sec3. Sectoral Representatives.
Sec4. Term of Office. —(3) years which shall
begin, at noon on the 30th day of September next
following the day of the election and shall end at
noon of the same date three (3) years thereafter
and No member of the Regional Assembly shall
serve more than three (3) consecutive terms.
Voluntary renunciation of or removal from office for
any length of time shall not be considered as an
interruption in the continuity of his service for the
full term for which he was elected.
Sec5. Filling of Vacancy. — In case of vacancy in
the Regional Assembly occurring at least one (1)
year before the expiration of the term of office, a
special election shall be called to fill the vacancy in
the manner prescribed by regional law. The
member elected shall serve only for the unexpired
term.
Sec6. Qualifications of Members of Regional
Assembly. — No person shall be a member of the
Regional Assembly unless he or she is:
(1) A natural-born citizen of the Philippines;
(2) At least twenty-one (21) years of age on the
day of the election;
(3) Able to read and write;
(4) A registered voter of the district in which he
or she shall be elected on the day he or she files
his or her certificate of candidacy; and
(5) A resident thereof for a period of not less
than five (5) years immediately preceding the day
of the election.
Sec7. Oath of Office.
Sec8. Salaries.
Sec9. Forfeiture of Seat.
Sec10. Disclosure of Financial or Business
Interests
Sec11. Prohibited Acts for Members of the
Regional Assembly.
Sec12. Parliamentary Immunity.
Sec13. Rules of Procedure; Discipline of
Members and Civil Service Rules.
Sec14. Questioning Cabinet Members and Other
Officials.
Sec15. Regular and Special Sessions.
Sec16. Passage of Bills.
Sec17. Approval of Bills and Overriding of Veto.
Sec18. Submittal of Bills to the President and
Congress.
Sec19. Creation, Division or Abolition of
Provinces, Cities, Municipalities or Barangay. —
The Regional Assembly may create; divide, merge,
abolish, or substantially alter boundaries of
provinces, cities, municipalities, or barangay in
accordance with the criteria laid down by Republic
Act No. 7160, the Local Government Code of 1991,
subject to the approval by a majority of the votes
cast in a plebiscite in the political units directly
affected. The Regional Assembly may prescribe
standards lower than those mandated by Republic
Act No. 7160, the Local Government Code of 1991,
in the creation, division, merger, abolition, or
alteration of the boundaries of provinces, cities,
municipalities, or barangay. Provinces, cities,
municipalities, or barangay created, divided,
merged, or whose boundaries are altered without
observing the standards prescribed by Republic Act
No. 7160, the Local Government Code of 1991,
shall not be entitled to any share of the taxes that
are allotted to the local governments units under
the provisions of the Code.
The financial requirements of the provinces, cities,
municipalities, or barangay so created, divided, or
merged shall be provided by the Regional
Assembly out of the general funds of the Regional
Government.
The holding of a plebiscite to determine the will of
the majority of the voters of the areas affected by
the creation, division, merger, or whose boundaries
are being altered as required by Republic Act No.
7160, the Local Government Code of 1991, shall,
however, be observed.
The Regional Assembly may also change the
names of local government units, public places and
institutions, and declare regional holidays.
Sec20. Annual Budget and Infrastructure Funds.
ARTICLE VII: The Executive Department
Sec1. Executive Power. — The executive power
shall be vested in a Regional Governor. He shall be
elected by the qualified voters of the autonomous
region.
Sec2.Regional Governor and Cabinet Members.
— The Regional Governor shall appoint the
members of the cabinet not exceeding ten (10)
members, at least six (6) of whom shall come from
indigenous cultural communities.
Sec3. Qualifications of Regional Governor and
Regional Vice Governor. — No person may be
elected Regional Governor or Regional Vice
Governor of the autonomous region unless he or
she is a natural-born citizen of the Philippines, a
registered voter of the autonomous region, able to
read and write, at least, thirty-five (35) years of age
on the day of the election, and a resident of the
autonomous region for, at least, one (1) year
immediately preceding the election.
Sec4. Election of Regional Governor and
Regional Vice Governor. — The Regional
Governor and the Regional Vice Governor shall be
elected as a team by the qualified voters of the
autonomous region. A vote for a candidate for
Regional Governor shall be counted as a vote for
his teammate for Regional Vice Governor. A vote
for a Regional Vice Governor shall be counted as a
vote for his teammate for Regional Governor. For
purposes of their election, the candidates for
Regional Governor and Regional Vice Governor
shall belong to the same political party or coalition
of parties. The Commission on Elections shall
promulgate the necessary rule or rules to give
effect to this provision of law.
Sec5. Regional Vice Governor Appointment to
or Removal from the Cabinet.
Sec6. Executive Council; Deputy Regional
Governors. — The Regional Governor shall
appoint three (3) deputies each representing the
Christians, indigenous cultural communities, and
the Muslims in the region. The Regional Governor,
the Regional Vice Governor, and the three (3)
deputies shall comprise the executive council of the
autonomous government. Sec7. Terms of
Office of Elective Regional Officials. — (3)
years, which shall begin at noon on the 30th day of
September next following the day of the election
and shall end at noon of the same date three (3)
years thereafter. The incumbent elective officials of
the autonomous region shall continue in effect until
 their successors are elected and qualified. Term
limits – not more than three (3) consecutive terms.
Sec8. Oaths or Affirmation of Office of the
Regional Governor and Regional Vice
Governor.
Sec9. Compensation of Regional Governor and
Vice Governor.
Sec10. Regional Governor Housing and Travel
Allowance.
Sec11. Succession to Regional
Governorship in Cases of Permanent Vacancy.
Sec12. Succession to Regional Governorship in
Cases of Temporary Incapacity.
Sec13. Removal of Regional Governor or
Regional Vice Governor.
Sec14. Recall of Regional Governor,
Regional Vice Governor or Members of
Regional Assembly.
Sec15. Punishment for Disorderly Behavior.
Sec16. Prohibition Against Holding of Other
Offices or Conflict of Interests.
Sec17. Appointments by Acting Regional
Governor. —effective, unless revoked by the
elected Regional Governor within ninety (90) days
from his or her assumption of office.
Sec18. The Regional Governor shall not issue
appointments remove personnel, or, unless
authorized by the Commission on Elections,
undertake public works projects within the
prohibited period before and after a regional
election as provided by law.
Sec19. Appointments by Regional Governor. —
The Regional Governor shall appoint, in addition to
the members of the cabinet and their deputies, the
chairmen and members of the commissions and
the heads of bureaus of the Regional Government,
and those whom he may be authorized by this
Organic Act, or by regional law to appoint. The
Regional Assembly may, by law, vest the
appointment of other officers or officials lower in
rank on the heads of departments, agencies,
commissions, or boards.
The powers, functions, responsibilities, and
structure of the departments, agencies, bureaus,
offices, and instrumentalities of the Regional
Government including the corporations owned-or-
controlled by the Regional Government shall be
prescribed and defined by the Regional Assembly.
Sec20. Power of Regional Governor Over
Commissions, Agencies, Boards, Bureaus and
Offices. —the Regional Governor shall have
control of all the regional executive commissions,
agencies, boards, bureaus, and offices. He shall
ensure that laws are faithfully executed.
Sec21. Fiscal Year; Submission of Budget.
Sec22. Budget Approval; Automatic
Reenactment.
Sec23. Veto Power of the Regional Governor;
Votes to Override. — The Regional Governor shall
have the power to veto any particular item or items
in an appropriation or revenue bill, but the veto
shall not affect the item or items to which he does
not object. The Regional Assembly may override
the veto by a two-thirds(2/3) vote of all its
members.
Sec24.
(a) Law to Authorize Use of Money. — No money
shall be paid out of the regional treasury except in
pursuance of an appropriation made by regional
law.
(b) Prohibitions Against Sectarian Purposes;
(c) Special Fund. All money collected on any
regional tax levied for a special purpose shall be
treated as a special fund and paid out for such
special purpose only. If the purpose for which
special fund was created has been fulfilled or
abandoned, the balance, if any, shall accrue to the
general funds of the Regional Government.
(d) Trust Funds. Trust funds shall only be paid
out of the regional treasury for the specific purpose
for which said funds were created or received.
(e) Authorization by Regional Governor or
Representative. No funds or resources shall be
disbursed unless duly approved by the Regional
Governor or by his duly authorized representative.
ARTICLE VIII: Administration Of Justice
Sec1. Exercise of Judicial Power. — The judicial
powers shall be vested in the Supreme Court and
in such lower courts as may be established by law
including the Shari'ah Courts in accordance with
Section 5 hereof.
Sec2. Justices from Autonomous Region. — It
shall be the policy of the central government or
national government that, whenever feasible, at
least one (1) justice in the Supreme Court and two
(2) justices in the Court of Appeals shall come from
qualified jurists of the autonomous region.
Sec3. Consultant to the Judicial and Bar
Council.
Sec4. Deputy Court Administrator
Sec5. Shari'ah Courts.
Sec6. Shari'ah Public Assistance Office.
Sec7. Shari'ah Appellate Court.
Sec8. Shari'ah Appellate Court Composition.
Sec9. Jurisdiction of the Shari'ah Appellate
Court. — The Shari'ah Appellate Court shall:
(a) Exercise original jurisdiction over petitions for
certiorari, prohibition, mandamus, habeas corpus
and other auxiliary writs and processes only in aid
of its appellate jurisdiction; and,
(b) Exercise exclusive appellate jurisdiction over
all cases tried in the Shari'ah district courts as
established by law.
Sec10. Shari'ah Appellate Court Decisions.
Sec11. Shari'ah Appellate Court Justices
Qualifications and Appointments. — The
Justices of the Shari'ah Appellate Court shall
possess the same qualifications as those of the
 Justices of the Court of Appeals and, in addition,
shall also be learned in Islamic law and
jurisprudence.The members of the Shari'ah
Appellate Court shall be appointed by the President
from a list of at least three (3) nominees prepared
by the Judicial and Bar Council. The nominees
shall be chosen from a list of recommendees
submitted by the Regional Assembly. Such
appointments need no confirmation.
Sec12. Shari'ah Appellate Court Justices Tenure
of Office. —until they reach the age of seventy
(70) years, unless sooner removed for cause in the
same manner as justices of the Court of Appeals or
become incapacitated to discharge the duties of
their office.
Sec13. Shari'ah Appellate Court Justices
Compensation. —same compensation and enjoy
the same privileges as the Presiding Justice and
Associate Justices of the Court of Appeals,
respectively.
Sec14. Shari'ah Appellate Court Administrator
and Clerk of Court.
Sec15. Prohibition Against Holding of Other
Offices.
Sec16. Shari'ah Appellate Court Official Seat.
Sec17. Shari'ah Appellate Court Proceedings.
Sec18. Shari'ah Courts.
Sec19. Tribal Courts.
Sec20. Jurisconsult in Islamic Law.
Sec21. Customary Law.
Sec22. Application and Interpretation of Laws. —
The provisions of the Muslim code and the tribal
code shall be applicable only to Muslims and other
members of indigenous cultural communities
respectively and nothing herein shall be construed
to operate to the prejudice of the non-Muslims and
non-members of indigenous cultural communities.
In case of conflict between the Muslim code and
the tribal code the national law shall apply.
In case of conflict between the Muslim code or the
tribal code on the one hand, and the national law
on the other, the latter shall prevail.
Except in cases of successional rights to property,
the regular courts shall acquire jurisdiction over
controversies involving real property located
outside the area of autonomy. Muslims who sue
other Muslims or members of indigenous cultural
communities who sue other members of indigenous
cultural communities over matters covered
respectively by Shari'ah or by tribal laws may agree
to litigate their grievances before the proper
Shari'ah or tribal court in the autonomous region.
The procedure for this recourse to the Shari'ah or
tribal court shall be prescribed by the Supreme
Court.
Sec23. Bases for Interpretation of Islamic Law.
Sec24. Shari'ah Powers and Functions.
ARTICLE IX: Fiscal Autonomy
Sec1. Revenue Source. — The Regional
Government shall have the power to create its own
sources of revenues and to levy taxes, fees, and
charges, subject to the provisions of the
Constitution and this Organic Act.
Sec2. Fiscal Autonomy.
Sec3. Regional Tax Code.
Sec4. Regional Economic and Financial
Programs.
Sec5. Uniform, Equitable Taxation; Prohibition
Against Confiscatory Taxes, Fees.
Sec6. Payment of Taxes.
Sec7. Extent of Tax Powers; Exceptions. —
Unless otherwise provided herein, the taxing power
of the regional government and of the provinces,
cities, municipalities, and barangay located therein
shall not extend to the following:
(a) Income tax, except when levied on banks
and other financial institutions;
(b) Documentary stamps tax;
(c) Taxes on estate, inheritance, gifts, legacies,
and other acquisitions mortis causa except as
otherwise provided by law;
(d) Customs duties, registration fees of vessel
and wharfage on wharves, tonnage dues, and all
other kinds of custom fees, charges, and dues
except vessels which are registered by their
owners with the Regional Government and
wharfage on wharves constructed and maintained
by the Regional Government or the local
government unit concerned;
(e) Taxes, fees, or charges and other impositions
upon goods carried into or out of, or passing
through the territorial jurisdiction of the provinces,
cities, municipalities, or barangay of the
autonomous region in the guise of charges for
wharfage, tolls for bridges, or otherwise, or other
taxes, fees or charges in any form whatsoever
upon such goods or merchandise except tolls on
bridges or roads constructed and maintained by the
provinces, cities, municipalities, or barangay
concerned or by the Regional Government.
(f) Taxes, fees, or charges on agricultural and
aquatic products when sold by marginal farmers or
fisherfolk;
(g) Taxes on business enterprises certified by
the Board of Investments or by the Regional
Assembly as pioneer or non-pioneer for a period of
six (6) and four (4) years, respectively from the
date of registration;
(h) Excise taxes on articles enumerated under
the national internal revenue code, and taxes, fees,
or charges on petroleum products;
(i) Percentage or value-added tax (VAT) on
sales, barters, or exchanges or similar transactions
on goods or services except as otherwise provided
by law;
(j) Taxes on the gross receipts of transportation
contractors and persons engaged in the
transportation of passengers or freight by hire and
 common carriers by air, land, or water except as
provided in this Organic Act;
(k) Taxes on premiums paid by way of
reinsurance or retrocession;
(l) Taxes, fees, or other charges on Philippine
products actually exported, except as otherwise
provided by law enacted by the Congress;
(m) Taxes, fees, or charges on countryside,
barangay business enterprises and cooperatives
duly registered under Republic Act No. 6810, the
"Magna Carta for Countryside and Barangay
Business Enterprises" and Republic Act No. 6938,
the "Cooperatives Code of the Philippines",
respectively, and
(n) Taxes, fees, or charges of any kind on the
central government or national government, its
agencies and instrumentalities and local
government units except on government-owned or
-controlled corporations or entities that are primarily
organized to do business.
Sec8.Sources Of Regional Government
Revenue
Sec9. Sharing of Internal Revenue, Natural
Resources Taxes, Fees and Charges. — The
collections of a province or city from national
internal revenue taxes, fees and charges, and
taxes imposed on natural resources, shall be
distributed as follows:
(a) Thirty-five percent (35%) to the province or
city;
(b) Thirty-five percent (35%) to the regional
government; and
(c) Thirty percent (30%) to the central
government or national government.
Sec10. Treasury Bills, Notes and Other Debt
Papers.
Sec11. Economic Agreements.
Sec12. Donations or Grants; Tax Deductible.
Sec13. Regional Tax Exemptions. —
Sec14. Foreign or Domestic Loans.
Sec15. Collection and Sharing of Internal
Revenue Taxes. —
ARTICLE X: Ancestral Domain, Ancestral Lands
and Agrarian Reform
Sec1. Ancestral Domain; Lands of Indigenous
Cultural Communities.
Sec2. The constructive or traditional possession of
lands and resources by an indigenous cultural
community may also be recognized subject to
judicial affirmation, the petition for which shall be
instituted within a period of ten (10) years from the
effectivity of this Organic Act.
Sec3. "indigenous cultural community" refers to
Filipino citizens residing in the autonomous region
who are:
(a) Tribal peoples. These are citizens whose
social, cultural and economic conditions distinguish
them from other sectors of the national community;
and
(b) Bangsa Moro people. These are citizens who
are believers in Islam and who have retained some
or all of their own social, economic, cultural, and
political institutions.
Sec4. Cultural Communities.
Sec5. Ecological Balance.
Sec6. Unless authorized by the Regional Assembly,
lands of the ancestral domain titled to or owned by
an indigenous cultural community shall not be
disposed of to non-members.
Sec7. No portion of the ancestral domain shall be
open to resettlement by non-members of the
indigenous cultural communities.
Sec8. Regional Land Reform.
ARTICLE XI: Urban and Rural Planning and
Development
Sec1. Urban and Rural Development.
Sec2. Indigenous Development Plans.
Sec3. Equitable Development.
Sec4. Urban Land, Land and Water Use.
ARTICLE XII: Economy and Patrimony
Sec1. Regional Economy and Conservation of
Patrimony. — Consistent with the Constitution and
existing laws, the
Sec2. Economic Zones, Centers and Ports.
Sec3. Incentives for Investors.
Sec4. Regional Economic Zone Authority;
Freeports
Sec5. Use Development of Mines Minerals and
Other Natural Resources Revenue Sharing;
Exceptions. —
(a) Regional Supervision and Control.
(b) Sharing Between Central Government or
National Government and Regional Government in
Strategic Minerals Revenues, Taxes, or Fees. Fifty
(50%) percent of the revenues, each
(c) Sharing Between Regional Government and
Local Government Units in Strategic Minerals
Revenues, Taxes, or Fees. The share of the
Regional Government mentioned above is hereby
apportioned as follows: thirty percent (30%) to the
Regional Government; twenty percent (20%) to all
the municipalities; and fifteen percent (15%) to all
the barangays.
(d) Regional Assembly Authority to Grant
Franchises and Concessions and Empower
Regional Governor to Grant Leases, Permits, and
Licenses..
(e) Consultation with Cultural Communities,
Needed.
Sec6. Use and Development of Natural
Resources Open to Citizens.
Sec7. Preferential Rights of Citizen-Inhabitants
of Autonomous Region.
Sec8. Rules, Regulations and Fees. — The
Regional Assembly shall by law regulate the
 exploration, utilization, development, and protection
of the natural resources, including the mines and
minerals, except the strategic minerals as provided
in this Organic Act.
Sec9. Regulation of Small-Scale Mining. —
Sec10. Regional Economic and Development
Planning Board; Composition and Functions.
Sec11. Pioneering Public Utilities and
Cooperatives.
Sec12. Proclamation of State of Calamity
Operation of Public Utilities. —
(a) Temporary take-over of operations.
(b) Proclamation of state of calamity.
or national government or the Regional
Government.
Sec13. Legislating Benefits, Compensation for
Victims of Mining and Mining Operations;
Rehabilitation of Affected Areas.
Sec14. Reforestation; Support for Lumads or
Tribal Peoples.
Sec15. Prohibition Against Toxic or Hazardous
Substances.
Sec16. Business Ownership.
Sec17. Incentives, Tax Rebates and Holidays.
Sec18. Transport and Communication Facilities,
Priority Projects.
Sec19. Power Services Priority.
Sec20. Pioneering Firms.
Agriculture, Fisheries and Aquatic Resources
Sec21. Farming and Fishing Cooperatives.
Sec22. Agricultural Productivity; Organic
Farming.
Sec23. Soil and Water Conservation.
Sec24. Aquatic and Fisheries Code.
Sec25. Agriculture and Fisheries Bureau.
Trade and Industry
Sec26. Private Sector.
Sec27. Cottage Industries.
Sec28. Banks and Financial Institutions.
Sec29. Islamic Banks.
Sec30. Bangko Sentral Regional Bank.
Sec31. Barter and Counter-Trade.
Sec32. Consumer Education and Welfare.
Sec33. Local Labor and Goods.
Sec34. Foreign Investments.
Tourism Development
Sec35. Regional Tourism.
Sec36. Tourism Office.
ARTICLE XIII: Public Order and Security
Sec1. Law and Order.
Sec2. Regional Security Force. — There is
hereby created a Philippine National Police
Regional Command for the autonomous region,
hereafter called the Special Regional Security
Force (SRSF) or Regional Police Force, in short.
Sec3. Law Governing Regional Police Force. —
The Regional Assembly shall enact laws to govern
the Regional Police Force consistent with the
pertinent provisions of the Constitution and this
Organic Act. The members of the Moro National
Liberation Front who are integrated into the
Regional Police Force may be deployed in the
autonomous region or elsewhere in the Republic as
may be determined by the proper police authorities.
Sec4. Regional Police Force Composition. —
The PNP Regional Command for the autonomous
region/SRSF shall be composed of the existing
PNP units therein, the MNLF elements, and other
residents of the area who may later on be recruited
into the SRSF.
Sec5. Powers and Functions of Regional Police
Force. — The Regional Police Force shall exercise
within the autonomous region the following powers
and functions:
(a) Enforce laws enacted by the Congress and
by the Regional Assembly relative to the protection
of lives and properties of the people;
(b) Maintain law and order and ensure public
safety;
(c) Investigate and prevent crimes, arrest
criminal offenders, bring criminal suspects to
justice, and assist in their prosecution;
(d) Effect other arrests, searches, and seizures
in accordance with the Constitution and pertinent
laws;
(e) Detain persons for a period not exceeding
what is prescribed by law, inform the person so
detained of all his or her rights under the
Constitution, and observe the human rights of all
people in the autonomous region;
(f) Process applications for the licensing of
firearms for approval by the proper official of the
Philippine National Police;
(g) Initiate drives for the licensing or surrender of
unlicensed firearms; confiscate unlicensed firearms
after such drives are over; prosecute or
recommend to the President the grant of amnesty
or pardon to possessors of unlicensed firearms
who surrender them; and
(h) Perform such other duties and exercise all
other functions as may be provided by law enacted
by Congress or by the Regional Assembly.
Sec6. Observance of Constitution and Laws.
Sec7. Regional Police Framework and
Organization. — The philosophical framework and
structural organization of the Regional Police Force
shall be as follows:
(a) It shall be civilian in nature and character;
(b) The scope of its operations shall be regional.
(c) It shall be headed by a regional director who
shall be assisted by two deputies, one for
administration and one for operations.
(d) It shall have regional, provincial, and city or
municipal offices;
 (e) At the provincial level, there shall be a
provincial office headed by a provincial director
who shall be a professional police officer with the
rank of police superintendent, at least; and
(f) At the city or municipal level, there shall be
an office or station, which shall be headed by a
Chief of Police who shall be a professional police
officer with the rank of police superintendent for the
city, and police inspector for the municipality.
Sec8. Power of Regional Governor Over
Regional Police Force. — The Regional Governor
shall have the following powers over the Regional
Police Force:
(a) To act as the deputy of the National Police
Commission in the region and as the ex-officio
chair of the Regional Police Commission;
(b) To exercise operational control and general
supervision and disciplinary powers over the
Regional Police Force;
(c) To employ or deploy the elements of and
assign or reassign the Regional Police Force
through the regional director. The Regional Director
may not countermand the order of the Regional
Governor unless it is in violation of the Constitution
and the law;
(d) To recommend to the President the
appointment of the regional director and his two
deputies;
(e) To oversee the preparation and
implementation of the Integrated Regional Public
Safety Plan;
(f) To impose, after due notice and summary
hearings of the citizen's complaints, administrative
penalties on personnel of the Regional Police
Force except those who are appointed by the
President; and
(g) Do everything necessary to promote
widespread support by the various communities
making up the autonomous region for the Regional
Police Force.
Sec9. Regional Police Directors.
Sec10. Regional Police Commission
Sec11. Regional Defense and Security.
Sec12. Calling Upon the Armed Forces. — The
provisions of the preceding sections
notwithstanding, the Regional Governor may
request the President to call upon the Armed
Forces of the Philippines:
(1) To prevent or suppress lawless violence,
invasion, or rebellion, when the public safety so
requires, in the autonomous region in accordance
with the provisions of the Constitution;
(2) To suppress the danger to or breach of
peace in the autonomous region, when the
Regional Police Force is not able to do so; or,
(3) To avert any imminent danger to public order
and security in the area of autonomy.
The President may on his own accord send the
Armed Forces of the Philippines into the
autonomous region to attain the above objectives
of the Regional Governor does not act within fifteen
(15) days after the occurrence of the events
mentioned above that need to be suppressed,
prevented, or suppressed.
Sec13. Indigenous Structures.
ARTICLE XIV: Education, Science and
Technology, Arts, and Sports
Sec1. Quality Education, A Top Priority.
Educational Policies
Sec2. Policies and Principles. — Consistent with
the basic state policy on education, the Regional
Government shall adopt the following educational
policies and principles:
(a) Perpetuation of Filipino and Islamic values.
(b) Inculcation of values of peaceful settlement
of disputes.
(c) Optional religious instruction.
(d) Inculcation of patriotism and nationalism.
(e) Vocational and special education.
(f) Scholarships, student loans and
scholarships.
(g) Funding for local education programs.
(h) Community participation in education.
(i) Development of regional language.
(j) Media of instruction in schools. Filipino and
English
(k) Teaching of Arabic as subject.
(l) Auxiliary official languages
(m) Develop ethnic identity.
(n) The Regional Government shall recognize
the participation of private institutions of learning,
including the Madaris (Arabic schools), in providing
quality education to the people of the region; and
(o) (1) Basic education structure.
Sec3. Regional Educational Curricula.
Sec4. Education, Management, and Control of
Education. — The management, control, and
supervision of the regional educational subsystem
shall be the primary concern of the Regional
Government.
The Department of Education, Culture and Sports,
the Commission on Higher Education, and the
Technical Education and Skills Development
Authority, and other appropriate educational bodies
of the central government or national government
shall monitor compliance by the regional
educational subsystem with national educational
policies, standards, and regulations.
Educational Structure
Sec5. The Regional Assembly may, by law, create,
support and maintain a regional Department of
Education, Culture and Sports, and shall define its
powers, functions and composition.
Sec6. Private Schools Supervision. —
Sec7. Educational Subsystem Structure.
Sec8. Academic Freedom and Fiscal Autonomy.
Sec9. Education Centers.
Sec10. Tribal University System.
Madrasah Education
Sec11. Supervision of Madaris Schools.
Sec12. Madrasah Educational System; Arabic as
Medium of Instruction.
Sec13. Madaris.
Sec14. Madaris Teachers Qualifying
Examinations; Compensations.
Science and Technology
Sec15. Science and Technology.
Sec16. Priority Legislation. —
(a) Give priority to science, research, inventions,
technology, education, and their development and
utilization;
(b) Provide incentives, including tax deduction
and funding assistance, and encourage the
participation of the private sector in basic and
applied scientific researches;
(c) Regulate the transfer and promote the
adoption of technology from all sources for regional
benefits;
(d) Secure and protect the exclusive rights of
scientists, inventors, scholars, writers, artists, and
other gifted citizens to their intellectual properties;
and
(e) Ensure the full and effective participation of
all sectors in the planning, programming,
coordination, and implementation of scientific and
technological researches and the acquisition,
adoption, innovation, and application of science
and technology for development.
Sec17. Environmental Changes.
Sec18. Non-Formal Education. Scholarship
Grants and Assistance
Sec19. Donations to Universities, Colleges and
Schools.
Sec20. Scholarship Programs.
Sec21. Financial Assistanc364òe
Disadntaged, Deserving Students.
Funds for Education
Sec22. Release of Education Funds. Physical
Education and Sports Development
Sec23. Physical Education and Sports
Development.
Sec24. Sports Programs.
Cultural Heritage
Sec25. Cultural Heritage.
Sec26. Protection and Promotion of Culture.
Sec27. Bureau of Cultural Heritage.
ARTICLE XV: Social Justice, Services,
Institutions, and Other Concerns
Sec1. Promotion of Social Justice.
Sec2.
(a) Social Services. The Regional Assembly
shall, consistent with the provisions of the
Constitutions and existing national laws, enact
measures to provide and promote social services.
(b) Food and Drug Regulation. The Regional
Assembly shall, by law, establish and maintain an
effective food and drug regulatory system. The
rational use of drugs through an essential drugs list
and the use of generic medicines or drugs, as well
as the use of herbal medicines and indigenous
health resources, whenever appropriate, shall be
encouraged and promoted.
(c) Other Legislation. The Regional Assembly
shall also enact legislation on the following:
(1) Child health and development, including the
support of the physically challenged and
other disadvantaged persons in need of
welfare services;
(2) Protection and development of the rights of
women and of indigenous population;
(3) Registration of births, marriages and deaths;
and
(4) Fixing of regional public holidays.
Sec3. Housing Program
Sec4. Re-integration programs responsive to the
needs of former rebels who return to the fold of the
law.
Sec5. Family as Nation's Foundation.
Sec6. Women's Rights.
Sec7. Youth.
Sec8. People's Organization.
Sec9.Protection Of Labor.
ARTICLE XVI: General Provisions
Sec1. The Regional Assembly is hereby
empowered to pass a law adopting an official
regional emblem, seal, and hymn.
Sec2. Disciplinary Authority Over Officials and
Employees by — The Regional Government shall
have primary disciplinary authority over officials
for and employees of the Regional Government.
Sec3. Oath of Office.
Sec4. Civil Service Eligibility. —
Sec5. Prohibition Against Employment of
Military Personnel in Civil Service.
Sec6. Promulgation and Translation of Organic
Act.
ARTICLE XVII: Amendments or Provisions
Sec1. Organic Act may be reamended or revised by
the Congress of the Philippines upon a vote of two-
thirds (2/3) of the Members of the House of
Representatives and of the Senate.
ARTICLE XVIII: Transitory Provisions
Sec1. Disposition of Certain Real Properties of
the Autonomous Region
Sec2. Personnel Absorbed by Regional
Government.
Sec3. Oversight Committee.
Sec4. Agencies and Offices Transferred to the
Autonomous Region.
Sec5. Notwithstanding the provisions of the
preceding section, the GSIS, SSS, the
Pagtutulungan-Ikaw, Bangko, Industriya't Gobyerno
(PAG-IBIG), and other funds of similar trust or
fiduciary nature shall be exempt from the coverage
of this Organic Act.
Sec6. Budgetary Law, Rules, and Regulations.
Sec7. First Regular Elections.
Sec8. The incumbent Regional Governor, Regional
Vice Governor, and members of the Regional
Legislative Assembly of the Autonomous Region In
Muslim Mindanao shall continue in office pursuant
to existing laws and until their successors shall
have been duly elected and qualified.
Sec9. Within one (1) year from its organization, the
Regional Assembly shall, by law, create a code
commission on Muslim and a code commission on
tribal laws
Sec10. Initial Funds for the Regional
Government.
Sec11. Annual Assistance.
Sec12. Sectoral Representatives.
Sec13. Plebiscite and Effectivity of this Organic
Act.
Sec14. Plebiscite Information Campaign.
Sec15. Promulgation of Rules; Appropriations for
Simultaneous Plebiscites.
Sec16. Zone of Peace and Development. —
Sec18. Repealing Clause. — All laws, decrees,
orders, rules and regulations, and other issuances
or parts thereof, which are inconsistent with this
Organic Act, are hereby repealed or modified
accordingly.
Sec19. Effectivity Clause. — This Organic Act shall
take effect after fifteen (15) days following its
complete publication in at least two national
newspapers of general circulation and one local
newspaper of general circulation in the
autonomous region.
Approved, March 31, 2001
NOTES
 Autonomous Region (AR) by itself is an LGU.
But unlike other LGU’s, AR has separate legal
system. It has political as well as administrative
autonomy. It can have its own LGC provided that
it cannot decrease the power of local government
officials and the IRA under the present LGC. The
legislative powers of AR is limited by the
Constitution and the Organic Act.
 2 provinces can form AR.
 AR require plebiscite, therefor it is not
automatic.
 Sir: What is the point of being an AR if the
President can pry into internal affairs of AR?
Abbas vs. COMELEC (1989) supra
Pursuant to Consti mandate, Congress enacted RA
6734 providing for an organic act for ARMM. To
implement the act, plebescites in 13 provinces and 9
cities in Mindanao and Palawan were conducted.
Under RA and Consti, the requirements for creation
of autonomous region are
1. creation shall take effect when approved by a
majority of the votes cast by the constituent
units in a plebiscite.
2. Only provinces and cities where a majority
vote in favor of the organic act shall be
included in the autonomous region.
3. The single plebiscite should be determinative
of
 WON there shall be an autonomous
region in Mindanao
 Which cities and provinces shall
comprise it.
The majority required in consti for creation of region
is a simple majority of votes approving the organic
act in individual constituent units and not a double
majority of votes in all constituent units put together
as well as in the individual constituent units.
Limbona vs. Mangelin (1989)
Facts:
Limbona was expelled from membership in the
Sangguniang Pampook, Regional Autonomous
Government, Region XII, representing Lanao del Sur
on the ground that he authorized the payment of
salaries and emoluments to a certain Abdula without
authority from the Assembly. Limbona brought
petition at SC.
Issue: ARE THE AUTONOMOUS GOVERNMENT
OF MINDANAO SUBJECT TO THE JURISDICTION
OF THE NATIONAL COURTS? IN OTHER WORDS,
WHAT IS THE EXTENT OF SELF-GOVERNMENT
GIVEN TO THEM
Held:
Yes. LGU’s enjoy autonomy in these two senses:
decentralization of administration and
decentralization of power.
(1) in decentralization of administration – an
autonomous government is under the
supervision of the national government acting
through the president (and the Dept. of Local
Government)
 If the Sangguniang Pampook is
autonomous in this sense, it comes
unarguably under the Court’s jurisdiction.
(2) in decentralization of power – an autonomous
government is subject alone to the decree of
 the organic act creating it and accepted
principles on the effects and limits of autonomy.
 If the Sangguniang Pampook is
autonomous in this sense, its acts are
beond the domain of the court in the same
way that internal acts, say, of the Congress
are beyond its jurisdiction.
 An examination of PD No. 1618 creating the
autonomous governments of Mindanao shows that
they were never meant to exercise autonomy in the
second sense, that is, in which the central
government commits an act of self-immolation.
1. The P.D. mandates that the president shall
have the power of general supervision and
control over Autonomous Regions
2. The Sangguniang Pampook, their legislative
arm, is made to discharge chiefly
administrative services.
Pandi vs. CA (2002)
The appointment and detailing of positions depend
on which law is applicable at the time such
appointment and detailing was made.
1. First period – Prior to the Organic Act of
1989
Governing law: E.O. No. 119 (Charter of the
Department of Health). The Ministry of Health
was the appointing power of provincial health
officers who were in reality national
government officials paid entirely from national
funds. The appointment of a provincial health
officer was to a specific region and the Minister
(later Secretary) of health could assign him to
any province within the region upon the
recommendation of the Regional Director.
2. Second Period – Time after the enactment
of the Organic Act of 1989 but before the
adoption of the 1991 LGU Code -Under the
Organic Act of 1989, the power of the Secretary
of Health to appoint provincial health officers to
a region, and to assign them to any province
within the region, was not immediately
devolved to the Regional Government.
3. Third Period – Time after the enactment of
the 1991 LGU Code but before the adoption
of the ARMM Local Code Under the 1991
LGU Code, the provincial health officers were
made one of the officials the provincial
government to be appointed by the provincial
governor if his salary came mainly from
provincial funds.
However, the 1991 LGU Code, although a later
law like the RAC, did not amend the Organic
Act of 1989 because the Organic Act could only
be amended through the ratification process
laid out in the Organic Act itself.
Thus, even after the passage of the 1991 LGU
code, the Secretary of Health continued to be the
appointing power of provincial health officers who
remained national government officials. The
Secretary also continued to exercise the authority to
assign
Executive Order No. 133 was issued finally
transferring the powers and functions of the DOH in
the Autonomous Region to the Regional
Government. Upon the effectivity of this EO, the
administrative authority of the Secretary of Health to
assign provincial health officers to any province
within a region was transferred to the ARMM
Secretary of Health as the regional counterpart of
the National Secretary of Health.
4. Fourth Period – Time after the adoption o
fthe ARMM Local Code but before the
enactment of the Organic Act of 2001
Under the ARMM Local Code, the provincial
health officer in the ARMM, previously a
regional official, has also become a provincial
government official. The Regional Governor
appoints the provincial health officer from a list
of 3 recommendees of the Provincial Governor.
The ARMM local code provides that the salary
of the provincial health officer shall be paid
from regional funds.
5. Fifth Period – Time after the enactment of
the Organic Act of 2001
Under the Organic Act of 2001, the powers and
functions of a Provincial Governor under the
1991 LGU Code are now enjoyed, as a
minimum by the Provincial Governor in the
ARMM.
Thus,
1. the provincial governor appoints the
provincial health officer if the latter’s salary
comes from provincial funds.
2. If the provincial health officer’s salary
comes mainly from regional funds, then the
ARMM Local Code applies, in which case
the Regional Governor is the appointing
power but he must appoint only from
among the 3 nominees of the Provincial
Governor
3. Moreover, the Provincial Governor
exercises supervision and control over
provincial health officer because the
ARMM Local Code has classified him a s a
provincial government official.
 This is the present state of law, which is
actually the same as the law in the 4th period.
The only difference is that the Regional
Assembly cannot amend the ARMM Local
Code to reduce or diminish this power of the
Provincial Governor because this devolved
power, emanating from the 1991 LGU Code, is
now part of the Organic Act of 2001.
NOTEs:
AR allowed to legislate on their own, except that it
musrt be consistent with the consti and the organic
act.
Steps to follow:
a. Check where Local Gov official is set
b. if ARMM, check their LGC
c. If there is a provision in their LGC, check if
consistent w/ Consti and Organic Act
d. If no provision, assume that it is the same as RA
7160.
e. If silent, make the necessary appointment.
Cordillera Administrative Region
EO 220 - Creating A Cordillera Administrative Region,
Appropriating Funds Therefor And For Other
Purposes
WHEREAS, pursuant to Section 1, Article X of the
1987 Constitution, there shall be created an
autonomous region in the Cordilleras; aisa dc
WHEREAS, Section 15, Article X of the Constitution
provides that the autonomous region in the
Cordilleras shall consist of provinces, cities,
municipalities and geographical areas sharing
common and distinctive historical and cultural
heritage, economic and social structures, and other
relevant characteristics within the framework of the
Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines;
WHEREAS, pursuant to Section 6, Article XVIII of the
Constitution, the President has the power to
continue to exercise legislative powers until the first
Congress is convened;
WHEREAS, pursuant to Section 14, Article X of the
Constitution, the President shall provide for
regional development councils or other similar
bodies composed of local government officials,
regional heads of departments and other
government offices, and representatives from non-
governmental organizations within the regions for
purposes of administrative decentralization to
strengthen the autonomy of the units therein and to
accelerate the economic and social growth and
development of the units in the region;
WHEREAS, the incumbent President is sympathetic
to the common desire of the peoples of the
Cordilleras to be immediately granted meaningful
participation in the conduct of their affairs, in order
to enable them to prepare for regional autonomy;
WHEREAS, the constitutional mandate for the
creation of an autonomous region in the Cordilleras
has been preceded by the movement for local
autonomy and administrative decentralization
before and since the period of authoritarian rule
(September 1972 - February 1986), as manifested
by the work of the 1971 Constitutional Convention,
the 1976 resolution of governors and other leaders
from the Cordilleras, and finally the regional
autonomy representations at the 1986
Constitutional Commission;
WHEREAS, on September 13, 1986, the President of
the Philippines met with the representatives of the
Cordillera Bodong Administration and the Cordillera
People's Liberation Army, presided over the alasiw
(exchange of peace tokens) to signify the sipat
(cessation of hostilities), and acknowledged their
aspirations for Cordillera autonomy;
WHEREAS, the immediate creation of a Cordillera
Administrative Region is a sound and reasonable
measure by which the people of the Cordilleras can
immediately participate in the pursuit of peace and
development and enjoy the benefits thereof;
WHEREAS, the Constitution envisions the building of
a just and humane society, and the National
Government is pursuing the goals of national
reconciliation, peace, unity and development in the
country;
WHEREAS, pending the convening of the first
Congress and the enactment of the organic act for
a Cordillera autonomous region, there is an urgent
need, in the interest of national security and public
order, for the President to reorganize immediately
the existing administrative structure in the
Cordilleras to suit it to the existing political realities
therein and the Government's legitimate concerns
in the areas, without attempting to preempt the
constitutional duty of the first Congress to
undertake the creation of an autonomous region on
a permanent basis; cd i
NOW, THEREFORE, I, CORAZON C. AQUINO,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order
and decree:
Sec1. Cordillera Administrative Region. — There
is hereby created a Cordillera Administrative
Region, hereinafter referred to as the CAR.
Sec2. Territorial Coverage. — For purposes of the
CAR, the region shall consist of the provinces of
Abra, Benguet, Ifugao, Kalinga-Apayao and Mt.
Province and the chartered city of Baguio. Until
otherwise provided by the Cordillera Executive
Board (CEB), the seat of the CAR shall be Baguio
 City. The National Government shall provide
appropriate offices therefor.
Sec3. Purposes. — The CAR shall have the
following purposes:
(a) Administer the affairs of government in the
region as defined in Section 4 and 5 below;
(b) Accelerate the economic and social growth
and development of the units of the region; and
(c) Prepare for the establishment of the
autonomous region in the Cordilleras.
Sec4. Scope of Authority and Responsibility. —
The CAR shall have authority and responsibility in
the region over the following:
(a) Regional administrative system;
(b) Economic, social and cultural development;
(c) Agricultural, commercial and industrial
development and promotion of tourism;
(d) Infrastructure development;
(e) Urban and rural development, protection of
ancestral domain and land reform;
(f) Regional educational system, including the
establishment and maintenance of educational
institutions and the formulation of educational
policies to cultivate the indigenous Cordillera
cultures and inculcate traditional values;
(g) Health, sports, welfare and social services;
(h) Development of indigenous laws and political
institutions, particularly those of direct democracy
and collective leadership, as well as the promotion
of indigenous institutions and processes for conflict
resolution and dispute settlement;
(i) Preservation and enhancement of indigenous
customs, traditions, languages and cultures;
(j) Strengthening of the bodong system of tribal
unity and cooperation;
(k) Protection and preservation of the cultural
identity, values, mores and norms of the various
ethno-linguistic groups in the Cordilleras;
(l) Promotion of social justice and protection of
human rights, particularly the rights of women,
children, the elderly and disadvantaged groups, as
well as the rights of people's organizations; and
(m) Such other matters as may be authorized by
law or delegated by the President for the promotion
of the general welfare.
Sec5. Powers and Functions. — The CAR shall
coordinate the planning and implementation of
programs and services in the areas enumerated in
Section 4. Accordingly, it shall be vested with,
among others, the following powers and functions:
(a) Coordinate with the local government units
as well as with the executive departments of the
National Government in the supervision of field
offices and in identifying, planning, monitoring, and
accepting projects and activities in the region;
(b) Appoint, supervise, control and discipline
personnel of the CAR and of such other offices as
may be funded by it;
(c) Manage and control funds, facilities and
equipment appropriated for the CAR;
(d) Advise the National Government on matters
affecting the Cordilleras;
(e) Undertake studies towards codifying the
customary laws of the tribes, including the pagtas
of the bodong system; and
(f) Promulgate and implement resolutions, rules
and regulations necessary to achieve effectively
the purposes of this Executive Order and to carry
out the powers and functions of the CAR.
Sec6. Peace and Regional Security. — Within the
framework of the Constitution and applicable laws,
the restoration and maintenance of peace within
the region shall be a major concern of the CAR.
A regional security force shall be organized to
assist in the defense and security of the region
subject to guidelines issued for this purpose by the
President after consultations with the CAR, other
organizations, and appropriate agencies of the
Government.
The defense and security of the region shall be the
responsibility of the National Government.
Sec7. Structure of the CAR. — The CAR shall
have a Cordillera Regional Assembly and a
Cordillera Executive Board.
Sec8. The Cordillera Regional Assembly. —
Within the framework of the Constitution, laws and
policies of the National Government, the Cordillera
Regional Assembly shall be the policy-formulating
body which shall articulate and harmonize the
interests and aspirations of the people of the
Cordilleras. It shall be composed of not more than
two hundred fifty (250) representatives to be
appointed according to the following guidelines:
(a) Each municipality shall have one (1)
representative;
(b) Baguio City shall have ten (10)
representatives;
(c) The non-governmental organizations shall be
entitled to a total of eighteen (18) representatives
twelve (12) of whom shall come from the major
non- governmental organizations in the region to be
determined according to the size of their
membership and six (6) from province based non-
governmental organizations.
(d) Each tribe shall send to the Assembly one (1)
representative.
Tribal representatives shall be chosen by the tribes
in a manner consonant with the Constitution and in
harmony with the indigenous decision-making
processes in the Cordilleras.
The Assembly shall be headed by a Chairman who
shall be appointed by the President from among its
 members. The chairman shall be the titular head of
the CAR.
The President shall also appoint members from
non- governmental organizations as well as
representatives of the municipalities and of Baguio
City upon nomination of their respective municipal
and city councils.
Sec9. Sessions. — The Assembly shall convene
once every year for a five-day regular session
starting on the 25th day of April provided, however,
that a regular session shall be held in 1987.
The Chairman may call a special session as may
be necessary. A special session may also be
convened upon the initiative of the majority of all
the members of the Assembly.
During the regular session, the Assembly shall:
a) Discuss the annual report of the Executive
Board and the proposed budget for the CAR;
b) Initiate plans and programs for the
Cordilleras;
c) Discuss and resolve inter-tribal issues and
conflicts;
d) Formulate policies affecting the Cordilleras
consistent with national and local laws; and
e) Identify priority projects and development
program for the region.
The decisions of the Assembly shall be
implemented by the Cordillera Executive Board.
Sec10. The Cordillera Executive Board. — The
Cordillera Executive Board shall be the
development body and implementing arm of the
CAR. The President shall appoint the twenty-nine
(29) regular members of the Board as follows: (a)
Mayor of Baguio City and the five (5) Governors of
the provinces enumerated in Section 2; (b) six (6)
representatives from the Cordillera Bodong
Administration, one of whom shall be its chief
executive; (c) twelve (12) representatives from the
different ethno-linguistic groups in the Cordillera;
and (d) five (5) representatives from non-
governmental organizations.
All regional directors of the line departments of the
National Government shall be non-voting ex-officio
members of the Executive Board.
Sec11. Executive Director. — The Cordillera
Executive Board shall be headed by a full-time
Executive Board who shall be headed by a full-time
Executive Director who shall be appointed by the
President from among its regular members.
The Executive Director shall have the following
functions:
(a) Act on behalf of the President as Chief
Executive Officer of the CAR;
(b) Preside over the meetings of the Executive
Board;
(c) Initiate the proposed budget and annual
report for the CAR for the approval of the Executive
Board;
(d) Supervise, control and discipline personnel of
the Executive Board and of such other offices as
may be funded by it;
(e) Coordinate and supervise the Executive
Committees and the Cordillera Bodong
Administration; and
(f) Perform all other functions assigned by law,
the President, the Cordillera Regional Assembly or
the Executive Board.
Sec12. The Executive Committees. — The
Cordillera Executive Board may create executive
committees to assist in the implementation of its
powers and functions. Each committee shall be
headed by a member of the Executive Board.
Sec13. The Cordillera Bodong Administration. —
The Cordillera Bodong Administration shall be
incorporated into the CAR as a commission and
shall hereinafter be referred to as the CBA. In the
territorial units where it is effective, the CBA shall
have the following powers and responsibilities:
(a) Promote respect for the customs and usages
of the tribes concerned;
(b) Foster unity among the various communities
in the Cordilleras and promote regional
confederation;
(c) Observe the traditional practice of direct
democracy and collective leadership in the
Cordilleras within the context of and in harmony
with administrative mechanisms of the National
Government;
(d) Preserve and develop the communal social
order and economic system;
(e) Perform all functions of the Executive
Committees referred to in Section 12; and
(f) Perform such other functions as may be
determined by the Executive Board.
The definition and identification of the territorial
units of the CBA shall be submitted to and
confirmed by the Executive Board and adopted by
the Assembly.
The CBA shall be supervised by and be
responsible to the Cordillera Executive Board.
Sec14. CBA Budget. — The CAR, through the
Executive Board, shall allocate part of its budget for
the operation of the CBA.
Sec15. Compensation. — The Chairman and
members of the Assembly as well as the Executive
Director and members of the Executive Board shall
receive allowances and per diems as determined
by the President in accordance with existing laws
and regulations. The city mayor and governors who
are members of the Board shall receive additional
emoluments as may be allowed by law.
 The Chairman of the Assembly shall receive such
additional allowances as may be necessary to
perform the functions of his office.
The Executive Director and the heads of the
Executive Communities shall receive an annual
compensation to be determined by the Executive
Board.
Sec16. Civil Service Rules and Regulations. —
For purposes of the CAR, exemptions from Civil
Service rules and regulations may be provided by
the Civil Service Commission.
Sec17. Period of Existence. — The CAR and its
Assembly and Executive Board shall exist until
such time as the autonomous regional government
shall have been established and organized under
an organic act passed by Congress in accordance
with Section 18, Article X of the Constitution.
Sec18. Term of Office. — The term of office of the
members and officers of the Assembly and
Executive Board shall be coterminous with the
period of existence of the CAR.
The city mayor, the governors, and the regional
directors shall hold office as members of the
Executive Board only during the term for which they
were elected and/or appointed.
Sec19. Rules of Procedures. — The Assembly and
the Executive Board shall each adopt by a majority
vote of their members their own rules of procedure
as well as rules and regulations on discipline and
privileges. They shall also prescribe rules and
regulations regarding internal organization,
sessions, meetings and quorum.
Sec20. Projects. — The CAR, through its Executive
Board, shall monitor the implementation of all
ongoing national and local government projects in
the region within the purview of Section 5(a) hereof.
Sec21. Appropriations and Funds. — There is
hereby appropriated from available funds of the
National Treasury the amount of five (5) million
pesos for the operation of the CAR for the fiscal
year 1987. Thereafter, an annual appropriation for
its budget shall be included in the General
Appropriations Act.
The President and appropriate national
departments and agencies shall make available
sources of funds for priority physical, social and
economic development programs and projects as
recommended by the CAR.
The collection, custody, use and disbursement of
public funds in the CAR shall be governed by its
resolutions, rules and regulations of the Executive
Board consonant with national laws, rules and
regulations.
Sec22. Taxes and Resources. — The CAR shall
receive an equitable share of the taxes and other
government revenues generated in the CAR
territorial coverage. For this purpose, as part of the
BIR allotment in the region, the CAR and the local
government units within the Cordillera
Administrative Region's territorial coverage shall
have at least fifty percent (50%) share of such
taxes and other government revenues to be
distributed as follows: ten percent (10%) to
barangays, ten percent (10%) to municipalities,
fifteen percent (15%) to provinces or cities, fifteen
percent (15%) to the CAR.
To ensure proper implementation of the principle of
equitable sharing, the President shall direct the
Department of Finance and appropriate national
departments and agencies to coordinate with the
CAR.
Sec23. Grants, Donations, Gifts. — Within the
framework of pertinent laws and regulations, the
CAR shall be authorized to receive grants,
donations or gifts, provided that such grants,
donations or gifts shall be administered, obligated
and disbursed in accordance with the terms
thereof, or in the absence of such terms, in such
manner as a majority of the executive Board may
determine.
Sec24. Relationship with the National
Government. — The President shall have the
power of general supervision over the CAR and the
local government units therein and shall issue the
appropriate guidelines therefor. The President may
also call upon the appropriate executive
departments and agencies of the National
Government to assist the CAR as may be
necessary.
The Executive Director shall submit a semi-annual
report to the President.
Sec25. Transitory Provisions. —
1) The Executive Board shall conduct a study
on the territorial coverage of the Cordillera
autonomous region to be established under an
organic act to be passed by the Congress under
Section 15 and 18, Article X, of the Constitution.
This territorial coverage may include provinces,
cities, municipalities, and geographic areas
contiguous to the territory defined under Section 2.
2) The President may call upon the Assembly to
assist her in constituting the Cordillera Regional
Consultative Commission.
Consonant with Section 3(c) hereof, the CAR shall
contribute in a meaningful and appropriate manner
to the work of the Cordillera Regional Consultative
Commission and in the preparation of the organic
act by Congress for the Cordillera autonomous
region.
 3) Pursuant to Section 2, the main offices of the
CAR shall be located at the Cordillera House in
Baguio City until otherwise determined by the
Cordillera Executive Board.
Sec26. Separability Clause. — The provisions of
this Executive Order are hereby declared to be
separable, and in the event any one or more of
such provisions are held unconstitutional, such
shall not affect the validity of other provisions.
Sec27. Repealing Clause. — For purposes of the
CAR and for the duration of its existence, and all
laws, acts, presidential decrees, executive orders,
proclamations and/or administrative regulations
which are inconsistent with this Executive Order
are hereby repealed, amended or modified
accordingly.
Sec28. Effectivity. — This Executive Order shall
take effect immediately upon signing and
publication as required by law.
Done in the City of Manila, this 15th day of July, in
the year of Our Lord, nineteen hundred and eighty-
seven.
See RA 6766 - An Act Providing For An Organic Act
For The Cordillera Autonomous Region
See RA 8438 - An Act To Establish The Cordillera
Autonomous Region
Ordillo vs. COMELEC (1990) supra
Facts:
A plebiscite was conducted in the provinces of
Benguet, Mountain Province, Ifugao, Abra and
Kalinga-Apayao and Baguio City cast their votes in a
plebiscite pursuant to R.A. No. 6766 (Oragnic Act of
CAR). The COMELEC results of the plebiscite
showed that only the Ifugao Province wanted the
CAR. DOJ Sec. issued a memorandum for the
President reiterating the COMELEC resolution and
provided that since only the provinces and city voting
favorably shall be included in the CAR, the province
of Ifugao being the only province which voted
favorably will alone, legally and validly constitute the
CAR. Ordillo et. al, then, complains.
Held: Ifugao cannot be the CAR alone.
The keywords in Art. X, Sec. 15, (Const) —
provinces, cities, municipalities and geographical
areas connote that "region" is to be made up of more
than one constituent unit. The term "region" used in
its ordinary sense means 2 or more provinces. This is
supported by the fact that the 13 regions into which
the Philippines is divided for administrative purposes
are groupings of contiguous provinces. Ifugao is a
province by itself. To become part of a region, it must
join other provinces, cities, municipalities, and
geographical areas. It joins other units because of
their common and distinctive historical and cultural
heritage, economic and social structures and other
relevant characteristics. The Constitutional
requirements are not present in this case.
Cordillera Broad Coalition vs. COA (1990) supra
Facts:
After the 1996 EDSA Revolution, Balweg, broke off
on ideological grounds from the CPP-NPA. After
President Aquino was installed into office, she
advocated a policy of national reconciliation. The
Cordillera People’s Liberation Army (CPLA) heeded
this call. Aqiuno and Balweg arrived at a joint
agreement to draft an Executive Order to create a
preparatory body that could perform policy-making
and administrative functions and undertake
consultations and studies leading to a draft organic
act for the Cordilleras. Pursuant to the joint
agreement, E.O. 220, creating the Cordillera
Administrative Region (CAR) was signed into law.
During the pendency of this case, R.A. No. 6766
(Organic Act of CAuR) was enacted and signed into
law. The Act recognizes the CAR and the offices and
agencies created under E.O. No. 220 and its
transitory nature is reinforced. Petitioners contend
that the issuance of the EO pre-empted Congress’
task.
Held: NO.
EO 220 does not create the autonomous region
contemplated in the Constitution. It merely provides
for transitory measures in anticipation of the
enactment of an organic act and the creation of an
autonomous region. In short, it prepares the ground
for autonomy. This does not necessarily conflict with
the provisions of the Constitution on autonomous
regions. The complex procedure for the creation of
an autonomous region in the Cordilleras will take
time. The President, in 1987 still exercising legislative
powers, as the first Congress had not yet convened,
saw it fit to provide for some measures to address the
urgent needs of the Cordilleras in the meantime that
the organic act had not yet been passed and the
autonomous region created. These measures are in
E.O. No. 220, and they do not violate the
Constitution.
The bodies created by E.O. No. 220 do not supplant
the existing local governmental structure, nor are
they autonomous government agencies. They merely
constitute the mechanism for an "umbrella" that
brings together the existing local governments, the
agencies of the National Government, the ethno-
linguistic groups or tribes, and NGOs in a concerted
effort to spur development in the Cordilleras.
Neither did E.O. 220 contravene the Constitution by
creating a new territorial and political subdivision. The
CAR is not a public corporation or a territorial and
political subdivision. It does not have a separate
juridical personality, unlike provinces, cities and
municipalities. Neither is it vested with the powers
that are normally granted to public corporations (the
power to sue and be sued, the power to own and
dispose of property, the power to create its own
sources of revenue, etc.). The CAR was created
primarily to coordinate the planning and
implementation of programs and services in the
covered areas.
The CAR is in the same genre as the administrative
regions created under the Reorganization Plan, albeit
under E.O. No. 220. The operation of the CAR
requires the participation not only of the line
departments and agencies of the National
Government but also the local governments, ethno-
linguistic groups and NGOs in bringing about the
desired objectives and the appropriation of funds
solely for that purpose.
Badua vs. Cordillera Bodong Association (1991)
Facts:
Spouses Badua, allegedly own a farm land in
faraway Abra and were forcibly ejected from the land
by virtue of a "decision" of the Cordillera Bodong
Administration of the Cordillera People's Liberation
Army. Fearful for his life, the brave Leonor Badua
went into hiding while his wife, Rosa, was arrested by
the Cordillera People's Liberation Army and detained
for two days. The Baduas filed this petition.
Issue: WON a tribal court of the Cordillera
Bodong Administration can render a valid and
executory decision in a land dispute
Held:
NO. In the Ordillo case, the creation of the Cordillera
Autonomous Region was rejected by all the
provinces and city of the Cordillera region, except
Ifugao province, hence, the Cordillera Autonomous
Region did not come to be. As a logical consequence
of that judicial declaration, the Cordillera Bodong
Administration, the indigenous and special courts for
the indigenous cultural communities of the Cordillera
region and the Cordillera People's Liberation Army,
do not legally exist.
Since the Cordillera Autonomous Region did not
come into legal existence, the Maeng Tribal Court
was not constituted into an indigenous or special
court under R.A. No. 6766. Hence, the Maeng Tribal
Court is an ordinary tribal court existing under the
customs and traditions of an indigenous cultural
community. They do not possess judicial power.
Metro Manila Development Authority
1987 Constitution
Sec11, ArtX. The Congress may, by law, create
special metropolitan political subdivisions, subject
to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain
their basic autonomy and shall be entitled to their
own local executives and legislative assemblies.
The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic
services requiring coordination.
Sec8, ArtXVIII Until otherwise provided by the
Congress, the President may constitute the
Metropolitan Authority to be composed of the heads
of all local government units comprising the
Metropolitan Manila area.
RA7924 (1995) – An Act Creating The Metropolitan
Manila Development Authority, Defining Its Powers
And Functions, Providing Funds Therefor And For
Other Purposes
Sec1. Declaration of Policy. — It is hereby
declared to be the policy of the State to treat
Metropolitan Manila as a special development and
administrative region and certain basic services
affecting or involving Metro Manila as metro-wide
services more efficiently and effectively planned,
supervised and coordinated by a development
authority as created herein, without prejudice to the
autonomy of the affected local government units.
Pursuant to this policy, Metropolitan Manila, as a
public corporation created under Presidential
Decree No. 824, embracing the cities of Caloocan,
Manila, Mandaluyong, Makati, Pasay, Pasig,
Quezon, and Muntinlupa, and the municipalities of
Las Piñas, Malabon, Marikina, Navotas,
Parañaque, Pateros, San Juan, Tagig, and
Valenzuela, is hereby constituted into a special
development and administrative region subject to
direct supervision of the President of the
Philippines.
Sec2. Creation of the Metropolitan Manila
Development Authority. — The affairs of
Metropolitan Manila's shall be administered by the
Metropolitan Manila Development Authority,
hereinafter referred to as the MMDA, to replace the
Metro Manila Authority (MMA) organized under
Executive Order No. 392 series of 1990.
 The MMDA shall perform planning, monitoring and
coordinative functions, and in the process exercise
regulatory and supervisory authority over the
delivery of metro-wide services within Metro Manila
without diminution of the autonomy of the local
government units concerning purely local matters.
Sec3. Scope of MMDA Services. — Metro-wide
services under the jurisdiction of the MMDA are
those services which have metro-wide impact and
transcend local political boundaries or entail huge
expenditures such that it would not be viable for
said services to be provided by the individual local
government units (LGUs) comprising Metropolitan
Manila. These services shall include:
(a) Development planning which includes the
preparation of medium and long-term development
plans; the development, evaluation and packaging
of projects; investments programming; and
coordination and monitoring of plan, program and
project implementation.
(b) Transport and traffic management which
include the formulation, coordination, and
monitoring of policies, standards, programs and
projects to rationalize the existing transport
operations, infrastructure requirements, the use of
thoroughfares, and promotion of safe and
convenient movement of persons and goods;
provision for the mass transport system and the
institution of a system to regulate road users;
administration and implementation of all traffic
enforcement operations, traffic engineering
services and traffic education programs, including
the institution of a single ticketing system in
Metropolitan Manila. Cdt
(c) Solid waste disposal and management which
include formulation and implementation of policies,
standards, programs and projects for proper and
sanitary waste disposal. It shall likewise include
the establishment and operation of sanitary land fill
and related facilities and the implementation of
other alternative programs intended to reduce,
reuse and recycle solid waste.
(d) Flood control and sewerage management
which include the formulation and implementation
of policies, standards, programs and projects for an
integrated flood control, drainage and sewerage
system.
(e) Urban renewal, zoning, and land use
planning, and shelter services which include the
formulation, adoption and implementation of
policies, standards, rules and regulations,
programs and projects to rationalize and optimize
urban land use and provide direction to urban
growth and expansion, the rehabilitation and
development of slum and blighted areas, the
development of shelter and housing facilities and
the provision of necessary social services thereof.
(f) Health and sanitation, urban protection and
pollution control which include the formulation and
implementation of policies, rules and regulations,
standards, programs and projects for the promotion
and safeguarding of the health and sanitation of the
region and for the enhancement of ecological
balance and the prevention, control and abatement
of environmental pollution.
(g) Public safety which includes the formulation
and implementation of programs and policies and
procedures to achieve public safety, especially
preparedness for preventive or rescue operations
during times of calamities and disasters such as
conflagrations, earthquakes, flood and tidal waves,
and coordination and mobilization of resources and
the implementation of contingency plans for the
rehabilitation and relief operations in coordination
with national agencies concerned.
Sec4. Metro Manila Council. — The governing
board and policy making body of the MMDA shall
be the Metro Manila Council, composed of the
mayors of the eight (8) cities and nine (9)
municipalities enumerated in Section 1 hereof, the
president of the Metro Manila Vice Mayors League
and the president of the Metro Manila Councilors
League.
The heads of the Department of Transportation and
Communications (DOTC), Department of Public
Works and Highways (DPWH), Department of
Tourism (DOT), Department of Budget and
Management (DBM), Housing and Urban
Development Coordinating Committee (HUDCC),
and Philippine National Police (PNP) or their duly
authorized representatives, shall attend meetings
of the council as non-voting members.
The Council shall be headed by a chairman, who
shall be appointed by the President and who shall
continue to hold office at the discretion of the
appointing authority. He shall be vested with the
rank, rights, privileges, disqualifications, and
prohibitions of a cabinet member.
The chairman shall be assisted by a general
manager, an assistant general manager for finance
and administration, an assistant general manager
for planning and assistant general manager for
operation, all of whom shall be appointed by the
President with the consent and concurrence of the
majority of the Council, subject to civil service laws,
rules and regulations. They shall enjoy security of
tenure and may be removed for cause in
accordance with law.
The assistant general manager for planning must
have not less than five (5) years extensive
experience in development and planning or must
hold a master's degree in urban planning or similar
disciplines.
The chairman and members of the Council shall be
entitled to allowance and per diems in accordance
with existing policies, rules and regulations on the
matter.
Sec5. Functions and Powers of the Metro Manila
Development Authority. — The MMDA shall:
(a) Formulate, coordinate and regulate the
implementation of medium and long-term plans and
programs for the delivery of metro-wide services,
land use and physical development within
Metropolitan Manila, consistent with national
development objectives and priorities;
(b) Prepare, coordinate and regulate the
implementation of medium-term programs for
metro-wide services which shall indicate sources
and uses of funds for priority programs and
projects, and which shall include the packaging of
projects and presentation to funding institutions;
(c) Undertake and manage on its own metro-
wide programs and projects for the delivery of
specific services under its jurisdiction, subject to
the approval of the Council. For this purpose,
MMDA can create appropriate project management
offices;
(d) Coordinate and monitor the implementation
of such plans, programs and projects in Metro
Manila; identify bottlenecks and adopt solutions to
problems of implementation;
(e) The MMDA shall set the policies concerning
traffic in Metro Manila, and shall coordinate and
regulate the implementation of all programs and
projects concerning traffic management,
specifically pertaining to enforcement, engineering
and education. Upon request, it shall be extended
assistance and cooperation, including but not
limited to, assignment of personnel, by all other
government agencies and offices concerned;
(f) Install and administer a single ticketing
system, fix, impose and collect fines and penalties
for all kinds of violations of traffic rules and
regulations, whether moving or non-moving in
nature, and confiscate and suspend or revoke
drivers' licenses in the enforcement of such traffic
laws and regulations, the provisions of RA 4136
and PD 1605 to the contrary notwithstanding. For
this purpose, the Authority shall enforce all traffic
laws and regulations in Metro Manila, through its
traffic operation center, and may deputize members
of the PNP, traffic enforcers of local government
units, duly licensed security guards, or members of
non-governmental organizations to whom may be
delegated certain authority, subject to such
conditions and requirements as the Authority may
impose; and
(g) Perform other related functions required to
achieve the objectives of the MMDA, including the
undertaking of delivery of basic services to the local
government units, when deemed necessary subject
to prior coordination with and consent of the local
government unit concerned.
Sec6. Functions of the Metro Manila Council. —
(a) The Council shall be the policy-making body
of the MMDA.
(b) It shall approve metro-wide plans, programs
and projects and issue rules and regulations and
resolutions deemed necessary by the MMDA to
carry out the purposes of this Act.
(c) It may increase the rate of the allowances
and per diems of the members of the Council to be
effective during the term of the succeeding Council.
It shall fix the compensation of the officers and
personnel of the MMDA, and approve the annual
budget thereof for submission to the Department of
Budget and Management (DBM).
(d) It shall promulgate rules and regulations and
set policies and standards for metro-wide
application governing the delivery of basic services,
prescribe and collect service and regulatory fees,
and impose and collect fines and penalties.
Sec7. Functions of the Chairman. — The
chairman shall:
(a) Appoint, subject to civil service laws, rules
and regulations, all subordinate officers and
employees, who shall enjoy security of tenure and
may be removed only for cause in accordance with
law. The chairman is hereby authorized to engage
the services of experts/consultants either on full
time or part-time basis, as may be required in the
performance of his functions and duties as may be
determined by him;
(b) Execute the policies and measures approved
by the Metro Manila Council and be responsible for
the efficient and effective day-to-day management
of the operations of the MMDA;
(c) Prepare the annual budget for the operations
of the MMDA for submission to the Council;
(d) Submit for consideration of the Council such
other policies and measures as he may deem
necessary to carry out the purposes and provisions
of this Act;
(e) Subject to the guidelines and policies set by
the Council, prepare the staffing pattern and fix the
number of subordinate officials and employees of
the MMDA; and exercise the power to discipline
subordinate officials and employees under the
provisions of law;
(f) Prepare an annual report on the
accomplishments of the MMDA at the close of each
calendar year for submission to the Council and to
the President of the Philippines; and
(g) Perform such other duties as may be
assigned to him by the President or by the Council.
Sec8. Functions of the General Manager. — The
general manager shall:
(a) Assist the chairman in the administration of
the MMDA and supervision of subordinate
personnel;
(b) Assist the chairman in the supervision of the
operation of the various operating centers and units
of the MMDA;
 (c) Assist the chairman in the review of plans
and programs for the MMDA and for Metro Manila
in the preparation of the annual report of activities
and accomplishments of the MMDA; and
(d) Perform such other duties and functions as
may be lawfully delegated or assigned by the
chairman from time to time.
Sec9. Institutional Linkages of the MMDA. —
The MMDA shall, in carrying out its functions,
consult, coordinate and work closely with the
LGUs, the National Economic and Development
Authority (NEDA) and other national government
agencies mentioned in Section 4 hereof, and
accredited people's organizations (POs),
nongovernmental organizations (NGOs), and the
private sector operating in Metro Manila. The
MMDA chairman or his authorized representative
from among the Council members, shall be ex
officio member of the boards of government
corporations and committees of the department
and offices of government whose activities are
relevant to the objectives and responsibilities of the
MMDA which shall include but not be limited to
Metropolitan Waterworks and Sewerage System
(MWSS), DOTC, DPWH, HUDCC and Department
of the Interior and Local Government (DILG).
The MMDA shall have a master plan that shall
serve as the framework for the local development
plans of the component LGUs.
The MMDA shall submit its development plans and
investment programs to the NEDA for integration
into the Medium-Term Philippine Development Plan
(MTPDP) and public investment program.
The implementation of the MMDA's plans,
programs, and projects shall be undertaken by the
LGUs, the concerned national government
agencies, the POs, NGOs and the private sector
and the MMDA itself where appropriate. For this
purpose, the MMDA may enter into contracts,
memoranda of agreement and other cooperative
arrangements with these bodies for the delivery of
the required services within Metropolitan Manila.
The MMDA shall, in coordination with the NEDA
and the Department of Finance, interface with the
foreign assistance agencies for purposes of
obtaining financing support, grants and donations
in support of its programs and projects.
Sec10. Sources of Funds and the Operating Budget
Of MMDA:
(a) To carry out the purposes of this Act, the
Amount of One billion pesos (P1,000,000,000) is
hereby authorized to be appropriated for the initial
operation of the MMDA. Thereafter, the annual
expenditures including capital outlays of the MMDA
shall be provided in the General Appropriations Act.
(b) The MMDA shall continue to receive the
Internal Revenue Allotment (IRA) currently
allocated to the present MMA.
(c) The MMDA is likewise empowered to levy
fines, and impose fees and charges for various
services rendered. Cdasia
(d) Five percent (5%) of the total annual gross
revenue of the preceding year, net of the internal
revenue allotment, or each local government unit
mentioned in Section 2 hereof, shall accrue and
become payable monthly to the MMDA by each city
or municipality. In case of failure to remit the said
fixed contribution, the DBM shall cause the
disbursement of the same to the MMDA chargeable
against the IRA allotment of the city or municipality
concerned, the provisions of Section 286 of RA
7160 to the contrary notwithstanding.
Sec11. Transitory Provisions. — To prevent
disruption in the delivery of the basic urban
services pending the full implementation of the
MMDA's organizational structure and staffing
pattern, all officials and employees of the interim
MMA shall continue to exercise their duties and
functions and receive their salaries and allowances
until they shall have been given notice of change of
duties and functions, and of being transferred to
another office or position.
All assets and properties presently in use or under
the accountability of the interim MMA and all its
obligations, indebtedness, or liabilities shall be
transferred to and assumed by the MMDA created
under this Act, subject to the conditions that may be
established by the Department of Budget and
Management, Office of the President, and
Commission on Audit.
The civil service laws, rules and regulations
pertinent to the displacement of personnel affected
by this Act shall be strictly enforced. The national
government shall provide such amounts as may be
necessary to pay the benefits accruing to displaced
employees at the rate of one and one-fourth (1 1/4)
month's salary for every year of service: Provided,
That, if qualified for retirement under existing
retirement laws, said employees may opt to receive
the benefits thereunder.
Metropolitan Transfer Command vs. Gonong
(1990)
Facts:
The rear license plate of David’s car was removed by
the Metropolitan Traffic Command while the vehicle
was parked on Escolta. He questioned the
petitioner's act on the ground not only that the car
was not illegally parked but, more importantly, that
there was no ordinance or law authorizing such
removal. He asked that the practice be permanently
enjoined and that in the meantime a temporary
restraining order or a writ of preliminary injunction be
issued.

Held:
A careful reading of the above PD 1605 will show that
removal and confiscation of the license plate of any
illegally parked vehicle is not among the specified
penalties. Moreover, although the Metropolitan
Manila Commission is authorized by the decree to
"otherwise discipline" and "impose higher penalties"
on traffic violators, whatever sanctions it may impose
must be "in such amounts and under such penalties
as are herein prescribed."
LOI 43 is inapplicable since what the LOI punishes is
not a traffic violation but a traffic obstruction, which is
an altogether different offense. LOI 43 does not
punish illegal parking per se but parking of stalled
vehicles, i e., those that involuntarily stop on the road
due to some unexpected trouble such as engine
defect, lack of gasoline, punctured tires, or other
similar cause.
Solicitor General vs. MMA (1991)
Facts:
upreme Court received several complaints regarding
the confiscation of the complainants’ driver’s licenses
and even a license plate by the traffic enforcers for
alleged traffic violations under Ordinance No. 7 of
Mandaluyong, Memorandum from the District
Commander of the Western Traffic District of PNP,
and Ordinance No. 11 of the Metropolitan Manila
Authority
Issue1: Won There Was Valid Delegation Of Power
to MMA (& The Mun. Of Mandaluyong) to Issue Such
Ordinance/S
Held1:
YES. There is a valid delegation of legislative power
to promulgate such measures, it appearing that the
requisites of such delegation are present. (1) The
completeness of the statute making the delegation
and (2) The presence of a sufficient standard –
“convenience and welfare” of the public, particularly
the motorists and passengers.
Issue2: Won The Exercise Of The Delegated Power
By The MMA (& Mun. Of Mandaluyong) Was Valid
Held2:
NO. The measures under consideration do not pass
the first criterion that it must not contravene the
constitution because they do not conform to existing
law. The pertinent law is PD 1605.
PD 1605 does not allow either the removal of license
plates or the confiscation of driver’s licenses for traffic
violations committed in Metropolitan Manila. In fact,
PD 1605 prohibit the imposition of such sanctions in
Metropolitan Manila. Notably, Section 5 thereof
expressly provides that in case of traffic violations,
the driver’s license shall not be confiscated.
NOTES:
Ordinance cannot impose higher penalty than the
law. So what’s the point?
Thoughts to ponder on: What if in Cebu they have
ordinances protecting women from domestic
violence, what happens if a subsequent national law
w/ lower penalties or decreasing the grounds for
violations?
MMDA vs. Bel-Air Village Association (2000)
Facts:
Bel-Air Village Associaiton (BAVA) received from
MMDA a notice requesting it to open Neptune Street
to public vehicular traffic. BAVA was also apprised
that the perimeter wall separating the subdivision
from the adjacent Kalayaan Avenue would be
demolished. BAVA institued a petition for injunction
with TRO and preliminary writ of injunction against
MMDA.
Issue: WON MMDA IS ENDOWED WITH POLICE
POWER (note: police power cannot be exercised by
any group or body not possessing legislative power)
Held:
NO. The MMDA is, as termed in the charter itself, a
“development authority.” It is an agency created for
purpose of laying down policies and coordinating with
the various national government agencies, people’s
organizations, non-governmental organizations and
the private sector for the efficient and expeditious
deliver of basic services in the vast metropolitan
area. All its functions are ADMINISTRATIVE in
nature.
The powers of the MMDA under RA 7924 are limited
to the following acts: formulation, coordination,
regulation, implementation, preparation,
management, monitoring, setting of policies,
installation of a system and administration. There is
nothing in RA NO. 7924 that grants MMDA police
power, let alone legislative power.
The MMDA is not the same entity as the MMC in
Sangalang. Although the MMC is the forerunner of
the present MMDA, the charter of the MMC shows
that the latter possessed greater powers which were
not bestowed on the present MMDA.
The legislative debates would show that the MMDA
was not intended as a political unit of the government
or a public corporation endowed with legislative
power. It is not even a “special metropolitan political
subdivision”.
 no plebiscite was conducted for its creation
  the chairman of the MMDA is not an official
elected by the people, but appointed by the
president with the rank and privileges of a
cabinet member.
 Part of the chairman’s functions is to perform
such other duties as may be assigned to him
by the President, whereas in LGUs, the
president merely exercises supervisory
authority. This emphasizes the administrative
character of the MMDA.
Clearly, the MMC is not the same entity as MMDA.
Unlike the MMC, the MMDA has no power to enact
ordinances for the welfare of the community. It is the
LGUs, acting through their legislative councils, that
possess legislative power and police power.
NOTES:
Q: Can the LGU grant police power to MMDA:
A: No, because Congress had already denied them
that power and no law allows LGU’s to do that.
something you could never bring yourself to do
in real life... Yet in your mind, it is completely hot
and fulfilling
Now you have three potential pieces of fiction, based
on your fantasies. Take another sheet of paper and
answer the following:
 What do you notice about the differences, or
similarities, between your three fantasies?
 Have you ever confided any of these
fantasies to anyone?
 Is any one of your three fantasies more
compelling than another, sexually or creatively?
Goal
 To articulate thoughts that are often
unspoken and unwritten.
 To pay intimate attention to your erotic
unconscious.
 To identify the elements in your erotic
"stories" that both propel and inhibit you.

SIR: LGU’s should be telling MMDA what to do NOT After You Finish This Exercise, You'll Never
the other way around. Believe Again...
 That your fantasy life is barren.
Q: Can MMDA remove vendors from sidewalk?  That fantasies can only be satisfied by acting
A: No, because MMDA has no police power. Vendors them out.
are the concern of the Sangguniang Bayan or
 That fantasies are not enhanced by conflicts,
Panglungsod not the MMDA. LGU’shave the
taboos and inhibitions. (Like literature, they
ordinances to govern sidewalk vendors. They should
thrive on all those things!)
ask MMDA to help them.
A TRUE STORY
Sexy Writing Exercise from How to Write a Dirty Story:
At the last day of Loc Gov class, DG says:
Reading, Writing and Publishing Erotica
If you're thinking about writing an erotic story or
“ If I could give a standing ovation alone for this
love letter, but don't know where to start, try this
class (meaning C 2005 of course), I would. You have
exercise to get you started! improved from the last time. And I think you’re
better than the other one. That’s why I tell my
Fantasies Exercise freshmen class there is still hope for you. Look at
Give yourself two minutes to answer each of the this section (again, referring to C-2005).”
following questions. When your time is up, stop,
even if you haven't finished your sentence.
 Write down an erotic fantasy about a sexual
experience that you would have in a minute if it
were offered to you, no questions asked. It
should be something you would have no
reservations or conditions about doing in real
life.
 Write down an erotic fantasy about a sexual
experience that you would only have under
certain conditions. You could give yourself up
wholeheartedly under those conditions, but
otherwise not at all.
 Write down an erotic fantasy about a sexual
experience that is completely satisfying to you in
your imagination but that you could not do
because it is either physically impossible or