Académique Documents
Professionnel Documents
Culture Documents
plaza should their barrio be converted into a town. Therefore, even before Victoria
became a town, the land now in dispute was always intended to be a public plaza.
A. In General
2. There was no sufficient proof that the late Casimiro Tanedo intended to donate the
B. Pre-Spanish Times portion of the land intended to be a public plaza to the church in general
b. 1 The Sumakwel Code
In 1212, after fleeing from the oppressive regime of Datu Makatunaw in Borneo, 10
datus set up their own tribal colonies in the Visayan Islands. One of them, Datu Sumakwel, 3. It has been fully proven that the plaza has always been used by the people of
established on the Island of Panay the Confederation of Madiaas and its constitution, the Code Victoria from the moment the town was created
of Maragtas or the Code of Sumakwel. The Code of Sumakwel was considered among the first
Filipino laws enacted before the Pre-Hispanic times. It consisted of 10 articles, mainly focusing 4. Plazas destined for public use are not subject to prescription (Art. 1936, the Old
on punishment for laziness. Civil Code)
An American historian, Paul Morrow debunks the Sumakwel Code as nothing more
than the product of Guillermo Cuino’s imagination. Cuino was the first person to write about the 5. Planting of fruit trees by the curates, etc. do not constitute an act of private
Code Sumakwel in an essay in 1858 wherein he claimed to have translated the Code from an ownership but either evidence of public use or as embellishments for the benefit of the
ancient Filipino document. However, Cuino presented no other proof other than his dubious townspeople.
essay. Nevertheless, Paul Morrow laments, much of the Filipino education system to this day
still preaches the Sumakwel Code as gospel historical truth.
c. 2 Rubi v. Provincial board of Mindoro 39 Phil. 660
b. 2 The Code of Kalantiaw
Datu Kalantiaw was among the ancient Visayans who built a kingdom with its own Facts: Rubi and his fellow Manguianes filed an application for habeas corpus on the
tribal code known as the Code of Kalantiaw, supposedly around 1150. It contains 18 articles, ground that they were being deprived of their liberty by the provincial officials of Mindoro. Rubi
which consists mainly of punishment for criminal acts ranging from the traditional ones such as claimed they were being held against their will at a reservation in Tigbao, Mindoro while one
homicide, theft and nonpayment of debts to the bizarre and superstitious such as disrespect for Dabalos was imprisoned for having run away from the reservation. The provincial officials of
revered trees or killing black cats during the new moon. The Code of Kalantiaw also has Mindoro however, countered that they were authorized under section 2145 of the Administrative
feudalistic overtones such as obligating those with the beautiful daughters to give them up to the Code of 1917 to implement measures for the advancement of the non-Christian people of
sons of chiefs as well as providing special punishment for those who commit particular crimes Mindoro by obliging them to live in one place in order to educate them.
against the tribal headmen as stated in the Code.
Punishments for the crimes stated in the Code are cruel by today’s standards; for example, Held: The Supreme Court ruled in favor of the provincial officials of Mindoro on the
those who sing while traveling by night are beaten for two days while those who commit grounds that:
homicide and theft are condemned to death by being drowned in the river or in boiling water.
In 1968, William Henry Scott, another American historian revealed the Code of Kalantiaw 1. They were merely exercising the police power of the state for a lawful purpose and
as an outright hoax perpetuated by forger Jose Marco. Marco gave the Philippine Library and through lawful means, which can validly limit the exercise of Civil liberty. The Supreme Court
Museum as ancient document claiming to be the Code of Kalantiaw in 1912. The supposed cited past legislation implemented in the Philippines which justified the placing in a reservation of
Code and Marco’s claims on how he obtained the ancient document had too many the Manguianes such as:
discrepancies and anomalous reference to historical facts that could not have existed during the
time of the Code’s supposed existence. Only recently have a few historians such as Sonia M.
Zaide regarded the Code as a fraud but, as Paul Morrow says, the lie still lives on. a. Book 6, Title 3 – A compilation of laws implemented during the Spanish forcing the
Indios to leave poblaciones (communities) or reducciones in order to instruct them to the
C. The Spanish Era Catholic faith and enable them to live in a civilized manner.
c. 1 Harty v. Mun of Victoria 13 Phil. 152
Facts: Monsignor Harty, an archbishop of the Roman Catholic Church based in b. Decree of the Governor-General of January 14, 1881- Decree ordering the Indios to
Manila, claims that his parish owns the plaza located in the municipality of Victoria, Tarlac, be governed by the common law and not allowing them, unless with absolute necessity, to
claiming to be in peaceful possession of it for more than 60 years up to 1901. The defendant change their residence.
municipality replied that Victoria was constituted into a town in 1855 and that the parish of Tarlac
was established many years afterwards; therefore the latter cannot claim title to the plaza. c. Letter of Instructions by President McKinley – Uncivilized tribes are allowed to keep
Evidence seemed to show that the original owner, Casimiro Tanedo, of the land wherein the their tribal governments, subject to regulation by the Americans.
plaza is located, donated said land to the church in general and not to the town curate, since a
permanent curate was not appointed in Victoria until 1867. However, from the moment the town
was created, both the town curate and the townspeople have enjoyed free access of the plaza. d. The Philippine Bill of 1902 – The Philippine Commission (which composed ½ of the
Still, Monsignor Harty claims the parish of Tarlac owns the plaza on the grounds of 1) Philippine Legislature, the other being the Philippine Assembly) was given exclusive jurisdiction
prescription and 2) that the act of the curates and the gobernadorcillos of planting fruit trees and over the territory inhabited by the Moros and other non-Christian tribes of the Philippines
plants on the plaza constituted private ownership.
Held: Monsignor Harty’s contentions are incorrect. Reasons: e. The Jones Law
1. It was a Philippine custom then that upon the establishment of a new town, a large 2. Although the Maguianes were labeled as “non-Christian,” the intent of the law was
tract of land is always reserved in its center for the creation of a plaza. Before Victoria became a not to refer to any particular religions or geographical discrimination but is predicated on the lack
town it was a mere barrio. It must be assumed that the principal residents of Victoria wanted to
of civilization by them, which the measure implemented by the provincial officials of Mindoro
intended to correct.
E. The Japanese Occupation
3. The measure implemented was a valid delegation of legislative power by the
Philippine legislature as it was done in accordance with Administrative Code of 1917 e.1 Topacio Nueno Angeles, 76 Phil. 12
c.3 The Maura Law Facts: Jose Topacio Nueno and 3 other petitioners ran for and eventually obtained
seats in the Municipal Board of Manila in 1940. World War II and the subsequent Japanese
Queen Regent Maria Cristina of Spain, upon the recommendation of Colonial Minister occupation however took place. After the war, 6 new board members were appointed by the
Antonio Maura, promulgated the Royal Decree of May 19, 1893 which provided for an President. Nueno, et. al. claimed that the appointment was null and void because 1) their term of
autonomous local government in the Philippines. Under the Maura Law there was constituted a office had not expired due to the world war and 2) even if 1) were not true, they still had the right
Municipal Tribunal of five, the captain and 4 lieutenants. It was given charge of the active work to hold over their officers until their new successors were elected and qualified.
of governing the municipality, such as administration of public works, etc. and the details of
taxation. In addition, each of its members was required to have special qualifications. These Held: Nueno and his goons were incorrect. Reasons:
positions were honorary. The term of office was 4 years. The officers, together with 2 1) The word “term” is different from “tenure.” There is no law which allows
substitutes, were elected by 12 delegates of the principalia. The principalia was composed of all the extension of terms of office by reason of war. 2) As for tenure, the same may be shortened
persons who has held certain offices (such as cabeza de barangay or former captains) or who or extended for various reasons, such as the death of the incumbent or as otherwise provided by
has paid a land tax of P50. The Governor General and the provincial governor retained law. The principle of the right to hold over may validly extend the tenure of office. However,
disciplinary jurisdiction over the council and its individual members, the Provincial Board also Nueno, et. al. cannot invoke this right because under 16 (a) of the Commonwealth Act, the
had supervision of the municipal council (Malcolm, Gov’t. of the Philippines Islands, pp. 69-71, President has the discretion of appointing temporary board members until duly elected board
Document 362, The Maura Law of 1893) members can be qualified.
The Treaty of Paris officially ended the Spanish-American War of 1898. It was ratified f. 1 R.A. 2264, as amended – The Local Autonomy Act
by Spain and the United States on December 10, 1898. It contained 17 articles, important
provisions including:
Entitled, “An Act Amending the Laws governing Local Governments by Increasing
their Autonomy and Reorganizing the Provincial Governments,” the Act provides for, among
Art. 1 – Relinquishment by Spain of its claim of sovereignty and title to Cuba. Art. 2 – other things: Procedure in establishing the provincial, city, municipal and regularly organized
Cession to the U.S. of the islands of Puerto Rico and Marianas. Art. 3 – Cession to the U.S. of municipal district budgets for each fiscal year, taxation sources; appropriation of funds for the
the Philippines for the sum of $20 million. Art. 9 – Allowing Spanish subjects which are natives of general welfare of the public; grant of the power of eminent domain; composition of the
the Philippines to remain in the Philippines if they so desire. The civil rights and political status of provincial board; qualifications of members of the provincial board, governors, vice-governors,
the native inhabitants of the territories hereby ceded to the U.S. shall be determined by mayors and vice-mayor; appointment power of provincial governor, city mayor and municipal
Congress. Art. 11 – Relinquishment of all civil and criminal jurisdictions over all territories ceded. mayor; and assignment of other powers to the provincial board, municipal board or city councils.
Art. 12 – Provides for rules on deciding judicial proceedings pending at the time of the ratification Any fair and reasonable doubt as to the interpretation of the Local Autonomy Act shall be
of the treaty. resolved in favor of the local government and shall be presumed to exist.
D. The American Period “Barrios” are units of municipalities or municipal districts in which they are located.
They are quasi-municipal corporations endowed with such powers as herein provided in said Act
d.1 The Jones Law for the performance of particular government functions to be exercised by and through their
respective barrio governments in conformity with law.
The Jones Law of 1893 was virtually an American-made constitution providing for a
complete form of semi-autonomous government in the Philippines. It defined government Barrios may be created or its name changed by a petition of the majority of voters in
functions into an executive to be appointed by the U.S. President with the consent of the Senate, the areas affected. They may sue and be sued and may be deal with any real or personal
who was called the American Governor-General in the Philippines. The legislative power was property in the manner provided by law.
vested in an elective bicameral/legislature – a Senate and a House of Representatives. The
judicial power was exercised by the Supreme-Court and other lower courts, with Filipino and No barrio may be created if its population is less than 500 people or out of chartered
American justices. The Jones Law also extended the Bill of Rights, defined Filipino citizenship cities, or poblaciones of municipalities.
and provided for other safeguards and restrictions.
The Act also provides for the barrio council headed by the barrio lieutenant. The barrio
The bulk of the Jones Law comprised mainly of defining the executive, legislative and council shall meet with the qualified voters of the barrio at least once a year in a barrio assembly
judicial powers of the government. to discuss, among others, election of new officers, raising of funds and adopt measures for the
welfare of the barrio. The Act also provides for the qualifications of the barrio council members 10) Release and apportionment of certain government funds
and their powers and responsibilities, such as the taxation power and its sources. 11) Creation of following positions: provincial engineer, city public works official,
provincial attorney and city legal officer
f. 3 R.A. 3590 – Revised Barrio Charter Act
12) Creation of Joint Local Government Reform Commission (for continuing studies on
This Act is essentially the same as its predecessor, with the following pertinent local autonomy of Local Government and prepare local government code)
amendments;
1) A plebiscite may be called to decide on the recall of any member of the barrio
G. The Martial Law Epoch
council member or approve any budgetary, supplement appropriations or special
tax ordinances.
g. 1 P.D. 145
2) Renaming the barrio lieutenant as barrio captain
This decree amended Section 2 of R.A. 2264 or Local Autonomy Act because the said
section was ineffective in carrying out the Secretary of Finance’s power to suspend the
3) Right of succession in case of vacancy in the barrio captain position (there is no effectively of any local tax ordinance which in his opinion is unjust, excessive or oppressive or
vice-barrio captain in both Acts). contrary to national policy. Said decree improves this situation by giving the local legislative
body either 30 days to modify the tax ordinance or appeal the suspension order of the Secretary
of Finance in a court of competent jurisdiction; otherwise, the tax ordinance or its part of parts in
4) The municipal mayor shall have power of supervision over barrio officials\ question is considered revoked
5) Procedure in barrio council, such as holding of meetings every month g. 2 B.P. 337 – The Local Government Code of 1983
6) Effectively of barrio ordinances (unless otherwise, after 60 days after its passage This Code provides for the pertinent following provision:
or 15 days after its confirmation in a plebiscite)
1) General powers and attributes of local government units.
f. 4 R.A. 5185 – The Decentralization Act of 1967
2) Powers and restrictions of Local Government Units to: Create sources of revenue; eminent
This Act further strengthens the autonomous powers of local governments by domain; closure of roads; suability; enter into contracts; convey property; limited non-liability for
providing for the following pertinent provisions: damages.
1) Provincial and city governments are empowered to undertake field agricultural work 3) National supervision over local governments
and rural health work whenever deemed to be necessary to assist in national programs or
services.
4) Relationship between Province-city, province-municipality; city-barangay, municipality-
barangay; city-barangay; public officials-LGUs
2) Appointment of heads, assistant heads of local officers and their subordinates
3) Suspension and removal of elective local officials (grounds: disloyalty to
5) Fiscal matters; Expenditure of government funds; preparation of budget
RP, dishonesty, oppression and misconduct in the office)
8) List of actions of provincial, city and municipal officials and provincial boards 10) Personnel Administration
declared immediately effective.
11) Settlement of municipal and barangay boundary disputes
9) Certain duties and powers of local chief executives not to be subject to direction
and review of any national official 12) Details on barangay and barangay officials; municipal and municipal officials; city and city
officials; province and province officials
1) Scope of MMDA (metro-wide) services: Development planning; transport and
traffic management; solid waste disposal and management; Flood control; Urban
H. The Present renewal; zoning and land use planning; health sanitation; Urban protection and
pollution control; pu8blic safety;
2) Creation of Metro Manila Council (MMC) consisting of all mayors in Metro Manila
h. 1 R.A. 7160 – The Local Government Code of 1991. From the LGC of 1983, the 3) Powers and Functions of MMDA, mainly to formulate, coordinate, and regulate
following pertinent provisions were added: implementation of above metro-wide services
4) Functions of MMC, mainly to approve projects of MMDA
1) Operative principles of decentralization
5) Function of MMDA chairman: Execute policies of MMC and manage operations
of MMDA; appointment power; prepare budget of MMDA; disciplinary power on
2) Authority by Congress or any political subdivision to create, divide, merge, subordinates; ex officio board member (or his representative) of departments
abolish or alter boundaries related to activities of MMDA such as DOTC, DOH, etc.
II. PRIMARY LAW AND GENERAL PROVISIONS Held: Mel Lopez is incorrect. Reasons:
1. Although a plebiscite was not conducted, a referendum was held Feb. 27, 1975
A. Read Article X, Section 9 and Article XVIII, 1987 Constitution wherein the residents of the Greater Manila area authorized the President to reorganize the
cities and municipalities under the Metro Manila Commission. The requirements for a plebiscite
were therefore deemed satisfied. Besides, at the time of the referendum, there was no Local
a.1 Article X, Section 10 – No province, city, municipality or barangay may be created,
Government Code in existence then which provided the need for a plebiscite. By virtue of martial
divided, merged abolished or its boundaries substantially altered, except in accordance with the
law and the absence of an interim Batasang Pambansa at that time, the President had authority
criteria established in the local government code and subject to approval by a majority of the
to enact said P.D.
votes cast in a plebiscite in the political units directly affected.
2. There is reasonable classification in organizing said 4 cities and 13 municipalities into
NOTE: Read the whole of Article X of the 1987 Constitution as well, as it refers to local,
a metropolitan area
governments in general. It contains 21 sectors. Also Prof. Ulep must have meant Season 10 and
3. Article 8, Sec. 2 of the 1973 Constitution expressly recognizes the juridical entity
not 5 in his outline.
known as Metropolitan Manila
4. There is presumption of constitutionality in the President’s power of direct supervision
a. 2 Article XVIII, Sec. 8 - Unless otherwise provided by Congress, the President may constitute
and control over the Metropolitan Manila Commission. The presidential power of control can and
the Metropolitan Authority to be composed of the heads of all local government units comprising
should be constructed to mean that said control is limited to those that may be considered
the Metropolitan Manila Area.
national in character.
Article XVIII, Sec. 9 – A sub-province shall continue to exist and operate until it is converted into
b. 2 MMDA v. Bel-Air Assn, Inc., 328 SCRA 836
a regular province or its component municipalities are reverted to the mother province.
Facts: Pursuant to R.A. 7924 which created the MMDA, MMDA issued a notice to the
Bel-Air Village Assoc. (BAVA) that the former will open Neptune Street owned by the latter in
NOTE: There’s no point in reading all other sections of Article XVIII. See for yourself.
Bel-Air Village, as well as tear down a perimeter wall owned by said village. Both actions, the
MMDA said, is necessary for the decongestion of traffic along the said areas.
BAVA petitioned the trail court and later on the Court of Appeals to enjoin the
B. Read R.A. 7924(Metropolitan Manila Development Authority)
implementation of MMDA’s proposed actions. BAVA’s petition was granted. The MMDA thus
now seeks recourse with the Supreme Court, claiming among others that its proposed actions
This Act states the policy of the State to treat Metro Manila as a special development
were in the exercise of the police power.
and administrative region and certain basic services affecting or involving Metro Manila as metro
Held: MMDA is wrong. The reason is that R.A. 7924 did not expressly or impliedly
wide services more efficiently and effectively planned, supervised and coordinated by a
delegate any police power to the MMDA, most notably the power to enact ordinances necessary
development authority as created herein, without prejudice to the autonomy of the affected LGU.
for the implementation of its plans, programs and projects aimed at the delivery of metro-wide
Among its pertinent provisions are:
services in Metro Manila, without diminution of the autonomy of the LGUs concerning purely
local matters (See. 2, R.A. 7924) MMDA’s proposed actions were not under the authority of any 1) R. A. 6734 as an enactment of Congress, is superior to the Tripoli Agreement,
ordinance (What’s funny is that the MMC, the governing board of the MMDA, is composed of the being a subsequent law to the Tripoli Agreement (though in my opinion it wouldn’t matter if R. A.
different mayors of Metro Manila, and these guys, as mayors per se, have the power or at least, 6734 was prior to the Tripoli Agreement)
the political will to enact ordinances) 2) The transitory provisions of R. A. 6734 does provide for a plebiscite (1 guess
nobody reads the transitory provisions)
C. Read R.A. 6732 (Organic Act for ARMM [Autonomous Region in Muslim Mindanao]) 3) The framers of the Constitution must have intended that the majority of votes
must come from each of the constituent units and not all the votes of the provinces and cities (I
Mindanao, encompassing 13 provinces and 9 cities, through a plebiscite for that
couldn’t understand how the justices arrived at this conclusion)
purpose. This government shall operate within the framework of the Regional Government. The
4) It is not for the Court to decide on the wisdom of the law concerning the inclusion
executive power is conferred on the Regional Governor. The legislative power is conferred in the
of provinces and cities which Abbas claims should not be included in a plebiscite
Regional Assembly. The Supreme Court, the Court of Appeals and the lower courts shall
5) There is no actual controversy yet as to any violation of freedom of religion, only
continue to exercise their power as mandated in the Constitution; however, there shall be a
a potential one
Shari’ah Appellate Court which shall also be learned in Islamic law and jurisprudence. The
6) The creation of an Oversight Committee is merely procedural and in fact will aid
Shari’ah Court’s decisions shall be final and executory subject to the original and appellate
in the timely creation of the ARMM
jurisdiction of the Supreme Court. Tribal Appellate Courts for cases dealing with tribal codes
7) The power of the President to merge administrative regions is inherent in his
shall also be established.
power of general supervision over local governments. Besides, administrative regions are not
The Regional Government shall have fiscal autonomy or the power to create its own
territorial or political regions. Examples of administrative regions are Regions I to XII and the
sources of revenue, subject to the limitations of the Constitution and this Organic Act. The
NCR
Organic Act also provides for: Protection of ancestral lands, ancestral domain and indigenous
cultural communities; urban and rural planning and development; power to enact laws pertaining
c. 2 Chiongbian v. Orbos, 245 SCRA 253
to the national economy and patrimony responsive to the needs of the Regional Government;
Facts: In 1990, President Aquino issued E. O. No. 439 wherein she picked certain
public order and security; education, science and technology and sports development; social
provinces and cities, some of which did not participate in the inclusion to the ARMM, to the
justice and services; and power to amend or revise the Organic Act, either by Congress or by
reorganized to new regions (e.g. Misamis Occidental, which did not participate in the ARMM
the Regional Assembly, the latter being subject to approval by Congress.
plebiscite, was transferred from Region X to Region XI). Aquino issued said E. O. pursuant ant
R. A. 6734, which says: “…That only the provinces and cities voting favorably in suitable
c. 1 Abbas v. COMELEC, 179 SCRA 287
plebiscites shall be included in the ARMM. The provinces and cities which plebiscite no vote for
Facts: Datu Firdausi Abbas, et.al. challenged the constitutionality of R.A. 6734 on the
inclusion in the Autonomous Region shall remain in the existing administrative regions. Provided
following grounds:
however, that the President may, by administrative determination, merge existing regions.
1) R. A. 6734 conflicts with the Tripoli Agreement (what conflicts the case doesn’t
James Chiongbian, a Sultan Kudarat congressman, filed a certiorari prohibition to protest the E.
say)
O., claiming that President Aquino had no power to reorganize administrative regions because
2) R. A. 6734 provides for the unconditional creation of the ARMM and not through
said provision in R. A. 6734 1) also states that provinces, cities which in the plebiscite do not
the mode of a plebiscite as provided in the Constitution
vote for inclusion in the Autonomous Region shall remain the existing administrative regions 2)
3) The Constitution provides that ARMM shall be approved by a majority of votes the Constitution does not expressly provide the President the power to merge administrative
cast in a plebiscite by all voters residing in the provinces and cities affected, but R.A. 6734 says regions; in fact Art. 10, Sec. 10 of the Constitution (see II of your outline) prohibits this and 3)
“by a majority or votes cast by the constituent units in a plebiscite and only those provinces and even granting that the President is allowed to merge administrative regions, there is law setting
cities where a majority of votes cast in favor of the Organic Act shall be included in the standard on how it is to be done.
Autonomous Region. R.A. 6734 thus conflicts the Constitution
4) R. A. 6734 includes provinces and cities which do not have the same cultural and Held: Chiongbian is wrong. Reasons:
historical heritage and other relevant characteristics needed for admission to the ARMM 1) The sentence “…shall remain in the existing administrative regions, is further
5) R. A. 6734 violates constitutional guarantee on freedom of exercise of religion as qualify by the phrase, “Provided however that the President may, by
some its provisions run counter to the Koran administration determination merge the existing regions.”
6) The creation of an Oversight Committee to supervise the transfer of power to the 2) Past legislation, particularly R. A. 5345 issued in 1968, authorized the President
ARMM is contrary to the constitutional mandate that the creation of the autonomous region the help of a Commission on Reorganization, to reorganize the different example
hinges solely on the result of the plebiscite departments including administrative regions. This shows that traditional power
7) R. A. 6734 says “…that only the provinces and cities voting favorably in such to reorganize administrative regions has always been lodged in the President
plebiscite shall be included in the ARMM. The provinces and cities which in the plebiscite do not 3) The standard is found in R. A. 5345 which states “to promote simplicity,
vote for inclusion in the Autonomous Region shall remain in the existing administrative regions: economic efficiency in the government to enable it to pursue programs consistent
Provided however, that the President may, by administrative determination, merge the existing with no goals for accelerated social and economic development and to improve
regions. This provision, Abbas claims, is contrary to the Constitutional mandate that, “No service transaction of the public business.”
province city, municipality or barangay may be created, divided, merged, abolished or its
boundary substantially altered, except in accordance with the criteria established with the local D. Read R. A. 6766 (Organic Act for Cordillera Autonomous Region of 1989)
government code and subject to approval by a majority of the votes cast in a plebiscite in the
units directly affected.” (Art. 10, Sec. 10, 1987 Constitution) This Act provides for creation of the Cordillera Autonomous Region (CAR) shall
consist of the cities and provinces that shall vote favorable in a plebiscite pursuant ant 10, Sec.
Held: Abbas is wrong. Reasons: 18 of the Constitution. Those cities and provinces are Benguet, Ifugao, Muslim Province, Abra,
Kalinga-Apayao and Baguio
The Act consists of the following pertinent articles:
1) Guiding principles and policies similar to that of Art. 2 of the 1987 Constitution To this end, the Regional Government is made responsible for the regional
2) Vesting of legislative power in the Cordillera Assembly; executive power educational framework of the ARMM, such as formulating and implementing programs to
Cordillera governor with a deputy governor as well; creation of indigenous special improve education in general in the region.
courts whose decisions are final and executory but subject to the original and
appellate jurisdiction of the Supreme Court
3) Creation of a Regional Commission on Appointments E. Read R. A. 7901, dated Feb. 23, 1995 (Creating the CARAGA Administrative Region)
4) Measures to protect and develop the ancestral lands and ancestral domains of
indigenous cultural communities as well as the national economy and patrimony This Act is entitled “An Act Creating Region 13 to be known as the CARAGA
The rest of its provisions are roughly similar to the Organic Act for ARMM (see11-c) Administrative Region, and For Other Purposes.” It consists of the provinces of Agusan del
CAR never came to existence. Only Ifugao province voted in favor of CAR, so the Norte, Agusan del Sur, Surigao del Norte, Surigao del Sur and the cities of Butuan and Surigao.
Supreme Court in Ordillo v. COMELEC ruled that Ifugao could no constitute itself into The Act also transfers Sultan Kudarat to Region 11.
the CAR>
b. 5 Municipality of Jimenez v. Baz, Jr. 265 SCRA 182 b. 7 Mathay v. CA 320 SCRA 703
NOTE: Dates in this case are important because essentially Jimenez lost on account NOTE: Don’t confuse CSU with CSC
of the slow wheels of justice Facts: During his term, Mayor Brigido Simon appointed 16 people to positions in the
Facts: In 1949, President Quirino issued E.O. 258, creating the municipality of Civil Service Unit (CSU) of the local government of Quezon City. Simon’s authority to appoint
Sinacaban in the Province of Misamis Occidental. In 1988 by virtue of said E.O. Sinacaban filed was based upon P.D. 51. The Secretary of Justice rendered an Opinion, stating that P.D. 51
a claim with the provincial Board of Misamis Occidental against the municipality of Jimenez was never published in the Gazette, therefore, conformably with the Tanada v. Tuvera ruling
territorial possession of about 5 barrios. Jimenez in its reply with the provincial Board that same P.D. 51 never became law at all. The Civil Service Commission (CSC) thus ordered the
year and later on with the RTC in 1990, said that Sinacaban had no juridical personality to file a revocation of all appointments in the CSU. However, the effects of such revocation were
suit because it was created under a void E.O. as promulgated in Pelaez Auditor General and 2) temporarily cushioned when the city council issued an ordinance creating the Department of
the disputed barrios belong to Jimenez since in 1950 the municipalities entered into an Public Order and Safety (DPOS). All present personnel of the CSU, the said ordinance stated
agreement duly approved by the Provincial Board of Misamis Occidental back then which are to be absorbed into the DPOS.
recognized Jimenez’s jurisdiction over the disputed barrio in 1992, the RTC ruled in favor of However, the regular positions in the DPOS never got filled due to insufficient number
Sinacaban using as its basis the curative benefits of Sec. 2 of the LGC of 1991. Angrily, Jimenez of said positions and lack of funds.
added in its petition with the Supreme Court the RTC’s decision was null and void because it Simon and later on his successor, Mayor Ismael Mathay, remedied the situation by
failed to decide the case within one year mandated by the LGC of 1983 and the Constitution. offering the CSU personnel contractual appointment. When Mathay refused to renew their
appointments, the CSU personnel complained to the CSC. The CSC replied by issuing
Held: Jimenez is incorrect Reasons: resolutions ordering the CSU personnel reinstated. Mathay now asserts that the CSC cannot
1. Sinacaban can claim the benefits of Sec.442 (d) of the LGC of 1991, since various order him to reinstate the said personnel as it is. In effect, giving the appointing power he
government acts through the years after the Pelaez case of 1965 indicate the recognition by the possesses, as city Mayor to the CSC.
years after the Pelaez case 1965 indicate the recognition by the state of the municipality of
Sinacaban, most notably when the 1987 Constitution recognized Sinacaban as part of the 2nd Held: Mathay is correct. Reasons:
District of Misamis Occidental. 1) First of all, the law applicable is B.P. 337 or the old LGC and not the LGC of 1991
since the material events of the case took place during the time of the old LGC.
2) Under B.P. 337, the power to appoint rests in the local chief executive in the case the Said plebiscite shall be conducted by the COMELEC within 120 days from the date of effectivity
Mayor. When the city council issued the ordinance allowing for the absorption of CSU personnel of the law or ordinance effecting such action, unless the law or ordinance fixes another date.
into the DPOS, it specifically made use of the wordings “Present Personnel” and not positions,
thus the city council arrogated upon itself the appointing power by dictating who shall occupy the * Sec. 462 LGC: Existing Sub-provinces Existing sub-provinces are hereby converted
DPOS positions. Even in the local government level, the separation of powers must be into regular provinces upon approval of the voters cast in a plebiscite to be held in the said sub
respected. provinces and the original provinces directly affected. The plebiscite shall be conducted by the
3) The reasoning in no. 2 also applies to the CSC. The CSC claims that by virtue of the COMELEC simultaneously with the national elections following the effectivity of this code.
ordinance enacted by the city council, the CSU personnel became regular employees and such The new legislative district created as a result of such conversion shall continue to be
they have gained the protection of the Civil Service Law. Such reasoning is wrong because in represented in Congress by the duly elected representatives of the original districts out of which
the first place the CSU never existed at all, thus they were never part of the Civil Service to said new province or districts were created unit their own representative shall have been elected
begin with. Thus when Simon and later on Mathay offered them contractual appointments, they in the next regular congressional elections and qualified
were at the mercy of the appointing power of the said mayors, as they have the option not to The incumbent elected officials of the said sub-provinces converted into regular provinces
renew their appointments 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 resulting from expiration of
b. 8 Samson v. Aguirre, 315 SCRA 53 their terms of office in case of negative votes in the plebiscite results, shall be filled by
Facts: R.A. 8535 was signed into law creating the City of Novaliches out of 15 appointment by the President. The appointees shall hold office until their successors shall have
barangays in Quezon City. Quezon City councilor Moises Samson questioned the been elected in the regular local elections following the plebiscite mentioned herein and
constitutionality of said R.A. claiming that 1) certifications as to income, land area and population qualified. After effectivity of such conversion, the President shall fill up the position of governor of
of Novaliches were not presented during the deliberations that led to the passage of R.A. 8535 the newly created province through appointment if none has yet been appointed to the same as
2) a certification attesting to the fact that the mother LGU, Quezon City, would not be adversely hereinbefore provided, and shall also appoint a vice governor and other members of the
affected by the creation of Novaliches city in terms of income, land area and population, was Sanggunian Panlalawigan, all of whom shall likewise hold office unit their successors shall have
also not presented 3) a copy of the petition of concerned barangays calling or the creation of been elected in the next local election and qualified.
City of Novaliches was not presented to the Quezon City Council, as mandated by the All qualified appointive officials and employees in the career service of the said sub-
Implementing Rules of the LGC, 1991 and 4) R.A. 8535 failed to specify the seat of government provinces at the time of their conversion into regular provinces shall continue in accordance with
of the proposed City of Novaliches as mandated by Sec. 11 (a) of the LGC, 1991. civil service law, rules and regulation.
Sec. 1. Classification of provinces and cities. Provinces and cities except Manila and *Sec. 15 definition and policy. There is a boundary dispute when a portion or a whole
Quezon City, which shall be considered as special class cities, are hereby divided into 6 main of the territorial area of an LGU is claimed by 2 or more LGUs. Boundary disputes between or
classes according to the annual average income they actually realized during the last 4 calendar among LGUs shall, as much as possible, be settled amicably.
years immediately preceding as follows: a) First class P30M or more b) Second class P20M-
P30M; c) Third class P15M-P20M; d) Fourth class P10M-15M, e) Fifth class P5M-10-M; f) Sixth * Sec.16 Jurisdictional Responsibility. Boundary disputes shall be referred for
class less than P5M settlement to the following:
a. Sangguniang Panlungsod or Sangguniang for those involving 2 or more barangays
Sec. 2. Classification of Municipalities x x x according to the annual average income they in the same city or municipality as the case may be.
actually realized during the last 4 calendar years immediately preceding as follows; a) First b. Sangguniang Panlalawigan for those involving 2 or more municipalities with in the
class, P15M or more b) second class, P10M-15M c) Third class, P5M-10M d) fourth class P3M- same province.
P5M e) Fifth class, P1M-3M f) Sixth Class, less than P1M. c. Jointly, to the Sanggunian of provinces concerned, for those involving component
cities or municipalities of different provinces.
Sec. 3. Period of General Reclassification of Province, Cities and Municipalities. Upon the d. Jointly, to the respective Sangguniang for those involving a component city or
effectivity of this E.O. and for each period of 4 consecutive calendar years thereafter, the municipality and highly urbanized city of 2 or more highly urbanized cities.
Secretary of Finance shall reclassify the all provinces, cities, except Manila and Quezon City,
Which shall remain as special class cities, and municipalities, on the basis of the foregoing * Sec. 17 Procedures for settling Boundary Disputes they are 1) filing of petition 2)
schedules of the average annual income of each province, city or municipality derived during the contents of petition 3) documents attached to petition (e.g. provincial, city or barangay map as
last 4 consecutive calendar years immediately such reclassification according to the provisions the case may be technical description of the boundaries of the LGUs concerned 4) Joint hearing
hereof. 5) failure to settle amicably (a certification shall be submitted to the effect 6) Decision 7) Appeal
(To the proper RTC)
Sec. 4. Definition of Terms. As used this E.O.
a. Annual Income revenues and receipts realized by provinces, cities and municipalities *Sec 18. Maintenance of Status Quo. Pending final resolution of the dispute, the
from regular sources of the local general and infrastructure funds including the internal revenue status of the affected area prior to the dispute shall be maintained and continued for all
and specific tax allotments provided for in PDs 144 and 436, both as amended but exclusive of purposes.
non-recurring receipt, such as other national ads, grants, financial assistance, loan proceeds,
sales of fixed assets and similar others * Sec 19. Official Custodian. The DILG shall be the official custodian of all documents
b. Average annual income- sum of the “annual income”- sum of the “Annual Income” as on boundary disputes of LGUs.
herein defined actually obtained by a province, cities and municipalities.
f 1. City of Pasig v. COMELEC et.al. 314 SCRA 179
Sec. 5 Use of income classification of provinces, cities, and municipalities. xxx as basis for: Facts: 2 petitions were raised by the City of Pasig and the municipality of Cainta
a) Fixing of maximum tax ceiling imposable by the local government b) Determination of respectively. Both Questioned the priority of the suspension of the scheduled plebiscites for the
statutory and administrative aids, Financial grants and other forms of assistance to local proposed creation of Barangay Karangalan and barangay Napico (pursuant to 2 ordinances
government c) Establishment of salary scales and rates of allowances per diems, and other passed by both cities) Cainta had contended that the proposed barangays involve areas
emoluments that local government officials and personnel may be entitled to d) Implementation included in the boundary dispute between her and Pasig; hence the suspension of the
of personnel policies on promotions, transfers, details or secondment, and related matters at the scheduled plebiscites is justified. Pasig however contends otherwise. Despite this, the
local government levels e) formulation and execution of local government budget policies and f) COMELEC ruled against Cainta and the plebiscite for the creation of barangay Napico pushed
Determination of the financial capability of local government units to undertake development through. The core issues now are 1) whether or not the said barangay dispute is a prejudicial
programs and priority projects question which must be resolved before any plebiscite can be held and 2) Whether the plebiscite
NOTE: There are 7 more sections, mainly on salaries and taxes- you know, ways to already conducted ratifying the creation of Barangay Napico has rendered the issue as to it moot
put more money into the pocket of our bureaucrats and academic.
F. Settlement of boundary disputes( Sec. 118, LGC, Sec 15-19, IRR) Held: Cainta is correct. Reasons
* Section 118. Judicial Responsibility for settlement of Boundary Dispute. Boundary 1. Pasig cannot deny that there is a pending boundary dispute between her and
dispute between and among LGUs shall, as much as possible. Be settled amicably. To this end: Cainta Surely, whether the area in controversy shall be decided as within the territorial
a. Boundary disputes involving 2 or more barangays in the same city or municipality jurisdiction of the Municipality of Cainta or the City of the Pasig has material bearing to the
shall be referred for settlement to the Sangguniang Panlungsod Sangguniang Bayan concerned. proposed barangay Karangalan and Napico. The importance of drawing with precise strokes the
b. Boundary disputes involving 2 or more municipalities within the same province shall territorial boundaries of an LGU cannot be overemphasized. The boundaries must be clear for
be referred for settlement to the Sangguniang Panlalawigan concerned. they define the limits of the territorial jurisdiction of an LGU. It can legitimately exercise powers
c. Boundary dispute involving municipalities or component cities of different provinces of government only within the limits of its territorial jurisdiction. Beyond these limits, its acts are
shall be jointly referred for settlement to the Sangguniang of the province concerned. ultra vires. Needless to state, any uncertainty in the boundaries of LGUs will sow costly conflicts
d. Boundary dispute involving a component city or municipality on the one hand and a in the exercise of government powers which will ultimately the people’s welfare.
highly urbanized city on the other or 2 or more highly urbanized cities, shall be jointly referred for 2. As was done before in Tan v. COMELEC, the plebiscite already conducted for the
settlement to the respective Sangguniang of the parties creation of Barangay Napico can be annulled and set aside.
Held: SC held that the plebiscite should be held in abeyance. c. Naming shall be subject to the following conditions:
1. Naming after leaving person shall be not followed.
f. 2 DILG Opinion No. 161-1994 (still to search) 2. A chance in the name shall only be for a just able reason.
3. Any change shall not be made more than once every ten years.
4. A chance in name of a local public school shall be made upon the recommendation
G. Naming of LGU naming of LGUs and public places, streets and structures of the school board.
* Sec 13, LGC, Art 20-23, IRR 5. A chance in name of local public hospital, health center and other health facilities
a. The Sangguniang Panlalawigan may in consultation with the Philippine Historical only upon the recommendation of the local school board.
Commission (PHC), change the name of the following within territorial jurisdiction: 6. The whole line of the street shall have only.
1. Component cities and municipalities upon the recommendation of the 7. The name of the family in a particular community whose members contributed
Sangguniang concerned. significantly to the welfare of the Filipino people maybe used.
2. Provincial roads, boulevards, avenue, thoroughfares and bridges
3. Public vocational or technical school and other post-secondary and tertiary d. The office of the president, the representative of the legislative district concerned,
schools and the postal service shall be notified of any change in name of LGUs, public places, streets
4. Provincial hospitals, health centers and other health facilities and structures
5. Any other place or building owned by the provincial government.
H. Rules of interpretation, (Sec 5, LGC)
b. The Sangguniang of highly urbanized cities and of component cities whose charters *Sec. 5. Rules of Interpretation. In the interpretation of the provisions of this Code, the
prohibit their voters from voting for provincial electrical officials, hereinafter referred to in this following rules shall apply:
code as independent component cities may in consultation with the PHC change the name of a. Any provision on a power of local government shall be liberally interpreted its favor,
the following within its territorial jurisdiction: and in case of doubt, any question thereof shall be reserved in favor of devolution of powers and
the lower LGU. Any and reasonable doubt as to the existence of the power shall be interpreted
1. City barangays, upon the recommendation of the Sangguniang barangay in favor of LGU concerned.
concerned. b. In case of doubt, any tax ordinance or revenue measure shall be construed strictly
2-5 essentially the same as (a) nos. 2-5 above except only to those within its against the LGU enacting it, and liberally in favor of the tax buyer. Any tax exemption, relief of
territorial jurisdiction. incentive granted by any LGU pursuant to the provisions of this code shall be construed strict
against the person claiming it.
c. The sanggunians of component cities and municipalities may, in consultation with c. The general welfare provision of this code shall be liberally interpreted to give more
its territorial. powers LGUs in accelerating economic development and upgrading the quality of life for the
people in the community.
d. None of the foregoing LGUs institutions, places, or buildings shall be named after a d. Rights and obligations existing on the effective of this code and a rising out contact
living person nor a change of name be made unless for a justifiable reason and in any case not or any other source of presentation involving an LGU shall be governed by the original terms
oftener than once every 10 years. The name of an LGU or a public place, street or structure with conditions of contracts or the law in force at the time such rights were vested.
historical, culture or ethic significance shall not be changed, unless by a unanimous vote of the e. In the resolution of controversies arising under this code where no legal provision of
sanggunian concerned and in consultation with the PHC. jurisprudence applies, resort may be had to the customers and traditions of the place where the
controversies took place.
e. A change in name of a public school shall be made only upon the recommendation
of the local school board concerned. h.1 Principle of devolution (See Sec 17 [4] (c) and (i) LGC}
* Sec 17, LGC. Basic Services and Facilities.
f. A change in name of public hospitals, health centers, and other health facilities shall a. LGUs shall endeavor to be self-reliant and shall continue exercising the powers and
be made only upon the local board concerned. discharging the duties and functions currently vested upon them. They shall also discharge the
g. In any change of name, the office of the president, the representative of the functions and responsibilities of national agencies and offices devolved to them pursuant to this
legislative district concerned and the bureau of posts shall be notified. code. Local government shall likewise exercise such other powers and discharge such other
functions and responsibilities as are necessary appropriate or incidental to efficient and effective
Note: Letters (d) to (b) are the limitations in the change of name of a local government unit provision of the basic services and facilities enumerated herein;
institution or places or buildings. [4] For a city
All the services and facilities of the municipally and province, and in addition thereto, the
* Art. 20-22 IRR These articles are essentially copied from sec 13 (a) (b) and (c),LGC following:
See for yourself a. Adequate communication and transportation facilities.
b. Support for education, police and fire services and facilities
* Art.23, IRR Guidelines and limitation
a. No name of LGUs, public places, street and structures with historical, culture or b. National agencies or offices concerned shall devolve to LGUs the responsibility for
ethnic significances shall be changed, unless with unanimous vote of the sanggunian and in the provision of basic service and facilities enumerated in this section within six months from the
consultation with the National Historical Institution (NHI). effect of this code
As used in this code the term devolution refers to the act by which the National
b. No change in the name of an LGU shall be effective unless ratified in a plebiscite Government confers power and authority upon the various LGUs to perform specific functions
called for that purpose. and responsibilities.
c. The devolution contemplated in this Code shall include the transfer to LGUs of the 2. To sue and be sued, implead, grant and receive by its corporation name
records ,equipment, and other assets and personnel of national agencies and offices and other acts as a judicial person
corresponding to the develop powers, function and responsibilities personnel of said national 3. To make by laws and ordinances for the government of the corporation.
agencies or office shall be absorb by the local government units to which they belong or in 4. To make and ordinance for the government of the corporation.
whose areas they are assigned to the extend that it is administratively viable as determined by Note: Usually these so-called inherent powers are expressly provided in MCs charter.
the said oversight community Provided, That the right accorded to such personnel pursuant to
civil service law, rules of similar regulation shall not be impaired Provided for their, That regional 2.) Legislative and executive powers
directors who are career service executed officers and other officers of similar rank in the said a. Legislative – authority to make laws
regional offices who cannot be absorbed by the LGU shall be retained by the National b. Executive – authority to enforce laws
Government, without any revolution of rank, salary or tenure. NOTE: The test to determine what is legislative and what is administrative is
whether the ordinance is one making a new or one executing law already in existence. The
h. 2 Badua v. Cordillera Bodong Administration, 94 SCRA 10 former is legislative; the latter’s executive.
Facts: In 1996.David Quema as the owner of 2 parcels of land in Lacaga, Lumaba,
Villaviciosa, Abra mortgaged said parcels of land of 6,000 to Dra. Erotida Valera. He was able to 3.) Intramural and extramural powers
redeem the land of 22 years later, long after Dra. Valera had already died. He allegedly was able 1.) Intramural – those exercised within the corporate limits of a municipal corporation.
to pay the redemption price of Dra. Valera’s heir. Spouses Leonor and Rosa Badua alleged 2.) Extramural – those exercised without like those given for the protection of water
however that Dra. Valera sold the land to her while she was still alive. However, Rosa could not supply, prevention of Nuisance, and also for police purposes.
produce the deed of sale because it was allegedly in the possession of Vice-governor Benesa.
As Quema was prevented by Rosa from cultivating the land, Quema, instead of filling 4.) Governmental and municipal powers
a case with the provincial courts, filed it instead with the Maeng Tribal Court of the Cordillera 1.) Governmental – those exercised by the corporation in administering the powers of
Bondong Administration (CBA) In 1989, The tribal court rule in favor of Quema when the Baduas the state and promoting the public welfare within. They include those which are legislative,
refused to vacate the subject land, they (the Baduas) received a warning order from the judicial, public and political. Specific examples are: Administration of justice, police power;
Cordillera People’s Liberation Army. The Baduas the felid a special and extraordinary relief with eminent domain; promotes public education; fire prevention and safety; and all other powers to
the SC, which was duly treated as a petition for certiorari and prohibition, questioning the be exercised by the MC as an agent the State, for the benefit of the public or of the exercise of
jurisdiction and legal personality of the Maeng Tribal Court, the CBA and the CPLA. which the corporation receives consideration.
2.) Municipal – those exercised for the specified benefits and advantage of the urban
Held: The petition is that the Cordillera Autonomous Region (CAR) never came into community and they include those which are ministerial, preemptory, private and corporate
legal existence as a consequence of the Ordillo v. COMELIC ruling. As a result, the Maeng plans of which the corporation receives no compensation.
Tribal Court was not constituted into an advisory or special court under R. A.6766. Instead, it is
just an ordinary tribal court with mere advisory and conciliatory power to make peace, settle and 5.) mandatory and discretionary powers
compromise. Such courts are not considered part of Philippine judicial system. By analogy to the a.) Mandatory – those the exercise of which are required of municipal
pangkat or conciliatory panels created under P.D.1508, if the Badua had failed to seasonably corporations.
repudiate the Maeng Tribal Court’s decision, said decision would have had the force and effect b.) Discretionary – those which the corporations may perform or not
of a final judgment in court. As was shown, the Baduas did file a timely petition with the SC. depending upon own judgment and discretion.
11. Acebedo Optical Co. Inc. v CA 329 SCRA 314 B) Eminent Domain
Facts: Acebedo Optical Co. applied with the office of the City Mayor Iligan for a 1. Requisites for the Exercise
business permit. City Mayor Camilo Cabili issued the said permit but subject to the following *Sec. 19, LGC – Eminent Domain, An LGU may, through its chief executive, and
conditions. acting pursuant to an ordinance, exercise the power of eminent domain for public use or
1) Since it is a corporation, Acebedo cannot put up an optical clinic but only an optical purpose or welfare for the benefits of the poor and landless upon payment of just compensation
store. pursuant to the provision of the Constitution and pertinent laws: provided however that the
2) Acebedo cannot examine and/or prescribe reading and similar optical glasses for power of eminent domain may not be exercised unless a valid and definite offering has been
patients, because these are function of optical clinics. previously made to the owner and such offer was not accepted. Provided further , that the LGU
3) Acebedo cannot sell reading and similar eye glasses without a prescription having may immediately take possession of the property upon the filing of expropriation proceeding
been first made by an independent optometrist (not its employee) or independent optical clinic. and upon making a deposit with the proper court of at least 15% of the fair market value of the
Acebedo can only sell directly to the public without need of prescriptions, Ray ban and similar property based on the current tax declaration of the property to be expropriated. Provided finally
eye glasses. that the amount to be paid for the expropriated property shall be determined by the proper court
4) Acebedo cannot advertise optical lenses and eyeglasses but can advertise Ray ban based on the fair market value at the time of the taking of the property.
and similar glasses and frames.
5) Acebedo is allowed to grind glasses but only upon the prescriptions of an *Art 32.IRR – Eminent Domain when exercise a) an LGU may through its chief
independent optometrist. executive and acting pursuant to an ordinance exercise the power of eminent domain for public
use purpose welfare of the poor and landless upon payment of just compensation, pursuant to
The Samahan ng Optometrist ng Pilipinas (SOPI) however, ledged a complaint against the provision the Constitution and pertinent laws b) The power of eminent domain may not be
Acebedo, alleging that Acebedo violated all the conditions impose on its business permit. exercised unless a valid and definite offer has been previously made to the owner and such offer
Acebedo in response, protested the conditions impose by the city mayor stating that was not accepted.
1) The conditions impose are beyond what the city mayor can impose within his
authority as they have no basis in any law or ordinance and *Art, 36 IRR – a) if the LGU fails to acquire private property for public use purpose or
2) Acebedo’s acceptance of the business permit does not stop it from challenging welfare through purchase, LGU may expropriate said property through a resolution of the
the said conditions as ultra vires since a permit is not a binding contract. Sangguniang authorizing its chief executive to initiate expropriation proceeding b) The local chief
executive shall cause the provincial, city or municipal attorney concern or: in his absence , the
Held: Acebedo is correct. Reason: provincial or city prosecutor to file expropriation proceeding in the proper court in accordance
1) The court has already ruled in SOPI v. Acebedo International that in the absence with rule of Court and other pertinent laws c) The LGU may immediately take possession of the
of a law prohibiting the hiring by corporation of optometrist, there is then no property upon the filing expropriation proceeding and upon making a deposit with the proper
prohibition against the hiring by corporations of optometrist court of at least 15% of the fair market value of the property based on the current tax declaration
(this is in reference to the No.3 conditions of the business permit). The current of the property to be expropriated
optometry law (R.A. 8050) contains no such prohibitions,
2) a license of contract is not a contract between the sovereignty and the licensee *Art 37, IRR – Payment. The amount to be paid for the expropriated property shall
or permitted and is not a property in the constitutional sense. A license is rather determined by the proper court based on the fair market value at the time of the taking of the
in the nature of a special privilege of permission or authority to do what is within property.
its term. It is not anyway vested permanent or absolute. Therefore the business
*Rule 67, 1997 Rules of Civil Procedure
This rule consists of 14 sections enumerating the procedure to be followed in eminent artesian wells, or system for the supply of Water, and the establishment of cemeteries,
domain. Briefly the rule enumerates the following section: 1) The Complaint 2) entry of plaintiff crematories, drainage system, cesspools, or sewage systems.
depositing value with National or provincial Treasure (but this section No. 2 has been repealed
by P.D. No. 42) 3) defenses and objection 4) order of condemnation 5) ascertainment of 3) Illustrative cases:
compensation 6) proceeding by commission 7) report by commission and judgment thereupon
8) action upon commissioner report 9) uncertain ownership/conflicting claim 10) right of plaintiff 1. National Power Corporation v. Jocson 206 SCRA 520
after judgment and payment entry not delayed by appeal, effect of reversal 12) cost, by whom Facts: The NAPOCOR is a GOCC created and existing by virtue of RA No. 6395, as
paid 13) recording, payment and its effect 14) power of guardian in such proceedings. amended, for the purpose of undertaking the development of hydraulic power, the production of
power from any source, particularly by constructing, operating and maintaining power plants,
P.D. No.42 in a relation to Section 2 of Rule 67, effectively removes the discretion of auxiliary plants, dams, reservoirs, pipes, mains, transmission lines, power station and other
the counting determining the provisional volume. What is to be deposited is an amount works for the purpose of developing hydraulic power from any river, creek, lake, spring and
equivalent to the assessed value for taxation purposes. No hearing is required for the purpose. waterfall in the Philippines and supplying such power to the inhabitants thereof. In order to carry
All that is needed is noticed to the owner of the property sought to be condemned. out these purposes, it is authorized to carry out the power of eminent domain.
On March 30, 1990, NAPOCOR filled 7 cases of eminent domain against 7 private
NOTE: So that you don’t have to bother reading the crappy 14 sections enumerated in citizens before the RTC of Bacolod city for the acquisition of a right of way easement over
Rule 76, let’s use instead the summary given by the Court regarding the 3 stages of every action portion of the parcels of land described in the complaint for its Negros Panay Interconnection
of expropriation in NAPOCOR v. Jocson: Project, particularly the Bacolod Tamonton Transmission Line. The complaints uniformly a allege
1) The first is concerned with the determination of the authority of the plaintiffs to that petitioner urgently needs position of the affected land to enable it to construct its tower and
transmission line in a manner that’s is compatible with the greatest good while at the same time
exercise the power of eminent domain ant the property of its exercise in the context of the facts
causing the least private injury, the purpose for which the lands are principally developed will not
involved in the suit. It ends with an order if not of dismissal of the action, “of condemnation
be injured by the transmission lines as it will only acquire a right of easement thereon , and it
declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the
had negotiated with the offered to pay defendants for the portion affected by the Bacolod
public use or purpose described in the complaint, upon the payment of just compensation to be
Tamonton Transmission Line, but the parties failed to reach an agreement despite long and
determined as of date of the filling of the complaint.” An order of dismissal, if this is to be
repeated negotiations, and be pray that, among others, that the RTC fix the provisional value of
ordained, would be a final one since it finally disposes of the action and leaves the Court with
the portion of the parcels of land sought to be expropriated pursuant to Sec.2, Rule 67 of the
nothing more to be done on the merits. So too, would an order of condemnation be a final one,
Rules of the Court.
for thereafter, the Rules expressly state in the proceedings before the Trial Court, “no objection
On June 25, 1990, the RTC, after finding the existence of public interest which may be
to exercise of the right of condemnation (or the propriety thereof) shall be filled or heard.
serve by the expropriation, fixed the provisional values of the 7 subject areas and directed the
2) The second phase of the eminent domain action is concerned with the
NAPOCOR to deposit the amounts with the PNB in escrow of the benefits of the defendants
determination by the Court of the “just compensation for the property sought to be taken.” This is
pending decision on the merits. The market values mentioned in the Order are the same values
done by the Court with the assistance of not more than 3 commissioners. The order fixing the
appearing in the fax declarations of the properties and the notices of Assessment issued by the
just compensation on the basis of the evidence before, and findings of, the commissioners will
Assessor.
be final too. It would finally dispose of the second stage of the suit, and leave nothing more for
In compliance with said Order. NAPOCOR deposited the sum of P23, 180,828.00 with
the Court to be done by the Court regarding the issue.
the PNB.
3) However, upon the filling of the complaint or at anytime thereafter, the petitioner Two of the defendants however, filled motions for reconsideration. The first one – filled
has the right to take or enter upon the possession of the property involved upon compliance with by Jesus, Fernando, Michael and Ma. Cristina Gonzaga (the Gonzaga Four) – alleged that the
P.D. 42 which requires the petitioner, after due notice to the defendant, to deposit with the PNB provisional value of the property involved therein has been set much to low, the reason being
in its main office or any of its branches or agencies “an amount equivalent to the assessed value that the expropriation of their areas “would render the remaining portion practically at a loss
of the property for purposes of taxation.” The assessed value is that indicated in the tax considering that the presence of the transmission lines will pose a danger to the inhabitants in
declaration. the area as well as destroy the marketability of the remaining potion after expropriation.
Moreover, the subject areas are located near several posh subdivisions. “The second one –
filled by Louis Gonzaga, et, al. – sought for a re-evaluation of the areas owned by them as said
*DILG Opinion No. 10-1996 areas were contiguous to the Gonzaga Four and were thus affected by the same condition.
The researcher isn’t too keen in going to the DILG to get their opinions. “R” The RTC granted their motion and the NAPOCOR, in compliance, deposited the
additional amount of P22,866,860,00 with the PNB.
2) Purposes of expropriation On July 18, 1990 the RTC Judge Enrique Jocson issued another Order increasing the
a. In the Philippines, regular provinces are authorized to exercise the power of amounts to be received as compensation on the part of the Gonzaga Four, Louis Gonzaga and
eminent domain for the following purposes: the construction and extension of roads, streets, 3 other defendants’ amounts. NAPOCOR in a response filled a complaint of grave abuse of
sidewalks, bridges, ferries, levees, wharves or piers; the construction of the public buildings discretion against the said judge, saying the increases he ordered are excessive and
including schoolhouses; and the making of necessary improvements in connection therewith; the unconscionable. Nevertheless, due to the urgent need to complete the interconnection project
establishment of parks, playground, plazas, market places, artesian wells or systems for the as soon as possible, NAPOCOR deposited the order additional amounts. Still despite doing so,
supply of water, and the establishment of cemeteries, crematories, drainage system, cesspools, NAPOCOR claimed the Judge stubbornly refused to issue the writ of possession.
or sewage systems. Did the Judge act with grave abuse of discretion?
b. Municipalities in regular provinces are authorized to exercise the power of eminent
domain for any of the following purposes: the construction or extension of roads, streets, Held: Yes. Reasons:
sidewalks, bridges, ferries, levees, wharves or piers; the construction buildings, including 1. The Judge ignore P.D.No.42 ( see the info titled “ Rule 67,Rules of Court”, page 27
schoolhouses, and the making of improvements on parks, playground, plazas, marketplaces, of this reviewer).He fixed the provisional values of the subject properties at their market values
and daily opportunity profits, something which should not be done. The values should be fixed at without the tourist zones “ for the development into integrated resort and sport complexes of
an amount equivalent to the assessed value for taxation purpose. selected and well- defined geographic areas with potential tourism value.
2. More importantly, when the Judge, although erroneously, fixed the provisional The defendants, numbering 40, filed motions to dismiss on the ground that the taking was
values of the subject property and NAPOCOR in turn deposited the said amounts, the said not for Public use, specifically that the there is no constitutional provision authorizing the taking
Judge last plenary control over the order fixing the amount of the deposit and has no power to of private property for tourism purposes. Moreover, the defendants claimed that the land they
annul, amend or modify it matters of substance pending the course of the condemnation own subject of the expropriation is actually covered by certificate of land transfer (CLT) and
proceedings. The reason for this is that a contrary ruling would defeat the very purpose of the emancipation patents
law which is to provide for a speedy and summary procedure whereby the peaceable Thereby making the lands expropriated within the coverage of the land reform area
possession of the property subject of the expropriation proceedings “may be secured without the under P.D No.2The defendants argue that the agrarian reform program occupies a higher level
delays incident to prolonged and vexatious litigation touching the ownership and value of such in the order of priorities than other state policies like those relating to the health and physical
lands, which should not be permitted to delay the progress of the work.” well-being of the people.
3. The Judge also, in effect, gave the defendants the final authority to determine just
compensation when in fact; the determination of just compensation in expropriation proceedings Held : The Ardona’s forty’s petition should be dismissed. Reasons:
is a judicial function. Moreover, he did not even appoint the 3 commissioners as mandated by 1. The concept of public use is not limited to traditional purposes like the construction
Sec. 5 of Rule 67 of Court in order to ascertain and report to him the just compensation sought of roads, bridges, parks and the like. Public use is not use by the public.” It also mean, public
to be taken. He even ruled that the writ of possession shall be issued only after the defendants well-fare and such a concept are broad, and inclusive. The values it represents are spiritual, as
have received the amounts, which should not be the ease. All these show the gross ignore of well as physical, aesthetic as well as monetary. It is within the power of the legislature to
the Judge and his orders and rulings must be reversed. determine that the community should be beautiful as well as healthy, spacious, as well as clean,
well balanced as well as carefully patrolled.
2. City Government of QC v. Ericta 129 SCRA 759 Once the object is within the authority of Congress, the right to realize it through the exercise of
Facts: The Quezon City Council passed Ordinance No.6118 S-94 entitled “ Ordinance Eminent Domain is clear. As a general rule then, as long as the taking is public, the power of
regulating the establishment, maintenance and operation of private memorial type cemetery or eminent domain comes into pay.
burial ground within the jurisdiction of Q.C and providing penalties for he violation thereof. “Said 2. The fact that private concessionaires such as private firms, food outlets, etc. will
ordinance provides, among others: “Sec.9 .At least 6% o f the total area of the memorial park lease the subject areas will not diminish the public character of the expropriation ( In other
cemetery shall be seta side for a charity burial of deceased persons who are paupers and have words, the place is open to anybody for as long as she or he can pay).
been residents of Q.C for at least 5 years prior to their death, to be determined by competent 3. The records show that the only 2 of the 40 defendants have CLT’s or emancipation
City Authorities. The area so designated shall immediately be developed and should be open for patents. And those CLT’s in their possession covers only less than 1 hectare of the 282 hectares
operation not later than 6 months from the date of approval of the application.” intended fore expropriation. Moreover, the less-than 10-hectare portion of land is not even part
For 7 years, the ordinance was not enforced by city authorities, but when the Q.C of the resort and sports complex proper but is part of the 32 hectare resettlement are for all
Council decided to enforce it by passing a resolution to that effect, Himlayang Pilipino, Inc. persons affected by the expropriation. Certainly, the human settlement needs of the many
responded by filling a petition for declaratory relief, prohibition and mandamus with preliminary beneficiaries of the 32 hectare
injunction with the CFI in Q.C praying that the ordinance be declared null and void. Said petition Resettlement area should prevail over the property rights of two of their compatriots. (This last
was granted. The question now raised is: Is the said ordinance a valid exercise of the police sentence did not sit well which Justice Makasiar and 2 others dissenters because the two
power? persons who had CLT’s were conveniently ignored).
Held: No. Reasons:
1. The Charter of Q.C grants Q.C. the power to tax, fix the license fee and regulate 4. City of Manila v. Chinese Community 40 Phil. 349
such other Business, trade and occupation as may be established or practiced in the City. The Facts: On Dec. 11.1916, the City of Manila presented a petition in the CFI of Manila
power to regulate however, does not include the power to prohibit. A portion, the power to praying that for the purpose of constructing a public improvement, namely the extension of Rizal
regulate does not include the power to confiscate. The ordinance not only confiscates but also Avenue, Manila, it is necessary for the City of Manila to acquire ownership in fee simple of
prohibits the operation of a memorial park cemetery because under Sec. 13 of said ordinance, certain parcels of land situated in the district of Binondo of said city within Block 83 of said
violation of its provisions is punishable by fine, imprisonment and/or that the permit to operate district. The proposed extension of Rizal Avenue however will take a part of the Chinese
and maintain a private cemetery shall be revoked or cancelled. Sec.9 is not mere police cemetery, a public cemetery at that the Chinese Community of Manila thus contended that 1)
regulation but an outright confiscation of private property without due process of law may, even the City of Manila cannot appropriate the cemetery or a portion thereof as said cemetery is
without compensation. public property, only private property may be expropriated and 2) there is no necessity for the
2. When the Local Government Code of 1983 provided that a Sangguniang improvement as a whole in the first place. Is the Chinese Community correct?
Panlungsod may provide, for the burial of the dead in such manner as prescribed by law or
ordinance it simply authorized the city to provide its owned city owned land or to buy of Held: The Chinese community is correct as to its contention Reasons:
expropriate private properties to construct public cemeteries. Expropriation however, requires 1. First of all, the matter regarding the extent of the court’s authority in expropriation
payment of just compensation. Thus, Himlayang Pilipino Inc. cannot be said to have impliedly cases must settled. An examination of Sec.243 in Act No.190 (the predecessor of today’s Rule
acknowledge sequestration of 6 % of its property without just compensation when it accepted 67 of the Rules of Court) reveals, “if the Court shall find upon trial that the right to expropriate the
the permits to operate from the city government. land exists, it shall then appoint commissioners.” The City of Manila contends that since
expropriation is exclusively a Legislative function, the authority of the courts then is limited to
3. Heirs of Juancho Ardona v.Reyes 125 SCRA 221 determining the following a whether a law granting the expropriation exists and b) the value of
Facts: The Philippine Tourism Authority (PTA) filed 4 complaints with the CFI of the land in question. This contention is partly meritorious. There is no question that the court has
Cebu City for the expropriation of some 282 hectares of rolling land situated in Barangays authority to fix the values of the land question. As to the authority of determining whether a law
Malubog and Babag, Cebu City, under PTA’s express authority, as mandated in its Charter, “ to granting the expropriation exists, a distinction must be made between a) laws granting special
acquire by purchase, by negotiation or by condemnation proceedings any private land within and purpose and b) laws grating a general authority. If the law in question grants expropriation of a
particular parcel of land and for a specific public purpose, then the Court’s would he without
jurisdiction to inquire into the purpose of that legislation, regardless on whether or not the land On July 27, 1992, NAPOCOR countered by filling a complaint for eminent domain
in question is private or public. But if the Legislature should grant general authority to a against Mangondato. The lower court then ordered, after duly appointing 2 commissioners, that
municipal corporation then to expropriate private lands, for public purpose, the courts then NAPOCOR deposit the amount of P10, 997,500.00 with the PNB, provisionally fixing the value
would have Authority then to make inquiry and to hear proof, upon an issue properly presented of the land at P500 per sq. m., P100 lower than the assessed value of the land appearing in its
concerning whether Or not the land in question was private and whether the purpose was in fact, tax declaration for 1992 which was P100.
public. In the instant case, since the City of Manila was given a general grant of authority to In its decision, the lower court denied the recovery of possession by Mangondato but
expropriate private lands under its Charter, the Court has authority to inquire on whether the ordered NAPOCOR to pay the former a monthly rent of P 15,000 from 1978 to 1992 with 12 %
exercise of such expropriation by the City of Manila is indeed public- in other words, the Court interest per annum and condemning the property in favor of NAPOCOR effective July 1992 upon
may inquire into the necessity of the expropriation. payment of P1000 per sq.m. or P21,995,000.00 as just compensation.
2. As mentioned above public property may be expropriated provided a special grant NAPACOR contested the decision. In its assignment of errors, NAPOCOR said that
of Authority for a particular parcel of land was passed by the Legislature. The City of Manila was the lower court erred in affirming that the just compensation for the property is its value in 1992,
not granted such a special authority. Therefore, the Chinese Cemetery or a portion thereof may when the complaint was filed, and not its value in 1978, when he property was taken by petition,
not be expropriated. ergo, the court erred in fixing the value of just compensation at P1, 000 per sq.m instead of P40
3. It is axiomatic that the taking of private property for public use is not justified unless per sq.m
there is a genuine public necessity for the taking. In the present case, even if granting that a
necessity exists for The opening of the street in question, the record contain no proof of the Held: NAPOCOR is wrong. Reasons:
necessity of opening the same through the cemetery. The records show that adjoining and 1. The general rule in determining just compensation in eminent domain is the value of
adjacent lands and have been offered to the city free of charge, which will answer every purpose the property as of the date of the filling of the complaint Sec.4 rule 67, Rules of Court. Normally,
of the city. the time of taking coincides with the filling of the complaint for just compensation. However, if the
time of taking does not coincides with the time of the filling, the rule is that the value of the
5. National Power Corporation v. CA 254 SCRA 577 property should be computed from the time the property as taken into possession from the time
Facts: In 1978, NAPOCOR took possession of a 21,995 sq. m. land which is a portion he was deprived thereof while the value itself it’s determined at the time of the filling of the
of Lot 1 Of the subdivision plan (LRC) Psd_116169 situated in Marawi City, owned by complaint.
Macapanton Mangondato, Under the mistaken belief that it forms part of the public land 2. The taking for the purpose of determining the value of the property, is determined
reserved for use by NAPOCOR of Hydroelectric power purposes under Proclamation No. 1354 when the following elements concur.
of the President of the Philippines dated Dec.3, 1974. NAPOCOR alleged that the subject a) The expropriator must enter a private property.
land was until then possessed and administered by Marawi City so that in exchange for the b) The entrance into private property must be for more than a momentary period.
city’s waiver and quitclaim of any right over the property, NAPACOR had paid the city a c) The entry into the property should be under warrant or color of legal authority.
:financial assistance : of P40 sq. m. d) The property must be devoted to a public use or otherwise informally
In 1979, when NAPOCOR started building its Agus 1 (Hydroelectric plant) project, appropriated or injuriously affected.
Mangondato demanded compensation from NAPOCOR. NAPOCOR refused to compensate e) The utilization of the property for public use must be in such a way as to oust
insisting that the property is public land and that it has already paid “financial assistance “to the owner and deprive him of all beneficial enjoyment of the property.
Marawi City in exchange for the rights over the property.
Mangondato claimed that the subject land is his duly registered property covered by a In NAPOCOR’s case, element no.3 was not present when NAPOCOR took
TCT in his name that he was not privy to agreement between Marawi City and NAPOCOR and possession of the subject property in 1978 since NAPOCOR falsely believed that the subject
that any Payment made to said city cannot be considered as payment to him. property was public land reserved for its own use under Proclamation No. 1354. Only in 1992,
More than a decade later, NAPOCOR acceded to the fact that the property belongs to when it initiated expropriation proceedings, did it obtain color of legal authority. The provisional
Mangondato. On August 14, 1990, NAPOCOR‘s National power Board (hereafter Power Board) value of the same would then be assessed as of 1992.
passed a resolution resolving to pay Mangondato the base price of P40 per sq.m for only a
12,132 sq.m portion Of the subject property (P 485,280,001) plus 12% interest per annum from 6. Province of Camarines Sur v. CA 222 SCRA 173
1978 (P698, 808.00) pending A determination by NAPOCOR’s regional legal council on whether Facts: On Dec. 22, 1988, the Sangguniang Panlalawigan of the Province of
P100.00 is the fair market value of Property. Camarines Sur passed Resolution No.129,S-88, authorizing, the Provincial governor to
Pursuant to the aforementioned resolution, Mangondato paid P1, 184.088.00. On May 17, purchase or expropriate property contiguous to the provincial capitol site, in order to establish a
1991, the power Board passed a resolution resolving to pay Mangondato P100 per sq.m pilot farm for non-food and non- traditional agricultural crops and a housing project for provincial
excluding the 12 % interest per annum. government employees.
In a letter, Mangondato disagrees with the power board’s new resolution. He said that this Pursuant to the resolution, the Province of Camarines Sur, through Governor Luis
property was worth even more than p300 per sq.m but he was willing to settle for P300 per sq.m Villafuerte filed two separate cases of expropriation against Ernesto and Efren San Joaquin, with
greedy bastard). the RTC of Pill, Camarines Sur. Forthwith, and the said province filed a motion for the issuance
On May 25,192, NAPOCOR authorized its president to negotiate with Mangondato for the of the write of possession. The San Joaquins failed to appear at the hearing of the motion.
payment of P100 for the land plus 12 % per annum from 1978 less the payments already made The San Joaquins filed a motion to dismiss on the ground of inadequacy of the price
10 Mangodato and to Marawi City on the portion of his land. offered for their property. The court denied the motion to dismiss and authorized the Province to
On July 7, 1992, the greedy bastard replied by filling a civil case seeking to recover take possession of the said property upon the deposit with the Clerk of Court of the amount P5,
possession of he property described in the complaint as Lot of the subdivision plan against 714.00, the amount provisionally fixed by the trial court to answer for damages that the San
NAPOCOR, the payment of a P15, 000 monthly rent until the surrender of the property, and the Joaquins may suffer in the event that the expropriation cases do not prosper.
issuance of a TRO and a writ of preliminary mandatory injunction to restrain NAPOCOR from The trial court ruled in favor of the Province. On appeal, the CA ruled in favor of the
proceeding with any construction and/or improvements on Mangondato’s land or from San Joaquins, stating among others that the trial court suspend the expropriation proceedings
committing any act of dispossession. until after the province shall have submitted toe requisite approval of the Department of Agrarian
Reform to convert the classification of the property of the private respondents from agricultural
to non- agricultural land (this is in deference to the Solicitor General’s view that the Province promulgate a resolution pursuant to the exercise of such a right. The SP therefore, was without
must first secure the approval of the Department of Agrarian Reform ( DAR) regarding the plan authority to disapprove said resolution.
to expropriate the lands of the San Joaquins for use as a housing project. 3. Finally, Moday claimed the expropriation against his property was motivated by
The province now defends its expropriation of the subject lands, claiming its authority political revenge since he did not support Mayor Bustillo’s candidacy in the previous elections. If
from Sections 4 and 7 of the Local Government Code of 1983, and that the expropriation was for that were true, then Moday’s petition would have been meritorious since the taking of private
a public purpose. property for public use must be genuine. The SC simply ruled that there was no evidence to
support such claim. Besides, the records do not show that there was indeed another available
Held: The Province of Camarines Sur is correct. Reasons: property for the same purpose.
1. Public use now means public advantage, convenience or benefit, which tends to
contribute to the general welfare and the prosperity of the whole community, like are sort C) Power of Taxation (Five requisites for the exercise, publication requirements and
community or a housing complex. In the cage, the expropriation here is for public purpose. The public hearing)
establishment of a pilot center would inure to the direct benefit and advantage of the people of
the Province. Once operational, the center would make available to the community invaluable Five requisites for the exercise:
information and technology on agriculture, fishery and the cottage industry. Ultimately, the 1. Municipal revenue obtainable by taxation shall be derived from such sources only
livelihood of fisherman, farmers, and craftsmen’s would be enhanced. The housing project also as are expressly authorized by law.
satisfies the public purpose requirement of the Constitution. 2. Taxation shall be just and uniform in each municipality.
2. As to the issue whether the approval of the DAR (for the purpose of realizing the 3. It shall not be in the power of the municipal council to impose tax in any form,
housing project intent of the expropriation) is needed before expropriation proceedings can whatever upon goods and merchandize carried into the municipality, or out of the
continue, the Court simply ruled that the same is not needed, simply because the L:GC of 1983 same, and any attempt to impose an import or export tax upon such goods in the
nor any other laws does not require the same. guise of an unreasonable charge for wharfage, use of bridges or otherwise, shall
be void.
7. Moday v. CA 268 SCRA 586 Note: Compare this with Sec 133 (e) of LGC 1991, “Unless otherwise provided herein, the
Facts: On July 23,, 1989, the Sangguniang Bayan of Bumawan in Agusan del Sur exercise of the taxing powers of provinces, cities, municipalities and barangays shall not extend
passed Resolution No. 43-89 authorizing the Municipal Mayor to initiate the expropriation of a to the levy of the following xxx (e) taxes, fees and charges and other impositions upon goods
one (1) hectare portion of Lot No. 6138 –Pls-4 along the National Highway owned by Percival carried into or out of, or passing through, the territorial jurisdictions of LGUs in the guise of
Moday for the site of the Bunawan Farmers Center and other Government Sports Facilities. charges of wharfage, tolls for bridges or otherwise, or other taxes, fees or charges in any form
Said Resolution was approved by then Municipal Mayor Anuncio Bustillo and whatsoever upon such goods or merchandise.”
transmitted to the Sangguniang Panlalawigan. The Sangguniang Panlalawigan however 4. In no case shall the collection of municipal taxes be left to any person.
disapproved the resolution on the ground that the “expropriation was unnecessary considering 5. Except as allowed by law, municipal funds shall be devoted exclusively to local
that there are still available lots in Bunawan for the establishment of government center.” public purpose.
Undaunted, the Municipality of Bunawan nevertheless filed a petition for Eminent
Domain against Moday. After depositing the necessary amount in accordance with Rule 67 of Publication Requirements:
the Rules of Court with the municipal treasurer, the Municipality filed a Motion to Take or Enter 1. Two modes of apprising the public of a new ordinance according to Sec. 43 Local
Upon the Possession of the Subject Matter. Tax Code (based on the Allied Thread v. City of Manila case)
Despite Moday’s opposition and after the hearing of the merits, the RTC ruled in favor a. By means of publication in a newspaper of general circulation, or
of the Municipality, saying that among others, that since the Sangguniang Panlalawigan failed to b. By means of posting of copies thereof in the local legislative hall or
declare the Municipality’s resolution as invalid, the same should be deemed effective. (Wow, the premises and 2 other conspicuous places within the territorial
RTC has 2 different meanings for ‘invalid’ and ‘disapproval’). An appeal to the CA also proved jurisdiction of the local government.
fruitless. In the meantime, the Municipality created 3 buildings on the subject property. 2. Publication of Tax Ordinances and Revenue Measures (Sec. 188, LGC of 1991)
Upon petition by Moday, the SC issued a TRO to prevent the Municipality from using 3. Within 10 days after their approval, certified true copies of all provincial, city and
the buildings it already constructed as well as constructing future buildings. Moday, in his municipal ordinances of revenue measures shall be published in full for
petition to the SC, also adds that since the Sangguniang Panlalawigan disapproved the 3 consecutive days in a newspaper of local circulation. Provided,
resolution, the same is void and thus the Municipality could not insist in pushing through with the however, that in provinces, cities and municipalities where there are no
expropriation. newspapers of local circulation, the same may be posted in at least 2
conspicuous and accessible places.
Held: Moday is wrong. Reasons:
1) The Municipality’s power to exercise the right of eminent domain is not disputed. Public Hearing:
Sec. 9 of the LGHC of 1983 states, “LGUs may, through its head, and acting pursuant to a 1. Procedure for Approval and Effectivity of Tax Ordinances and revenue
resolution of its Sanggunian, exercise the right of eminent domain and institute condemnation Measures; Mandatory Public Hearings (sec 187, LGC of 1991)
proceedings for public use or purpose”. - The procedure for the approval of local tax ordinances and revenue measures
2) A reading of Sec. 153, LGC of 1983 states, “If the Sangguniang Panlalawigan (SP) shall be in accordance with the provisions of this Code: Provided that any question on the
shall find that any municipal ordinance, resolution or executive order is beyond the power constitutionality or legality of tax ordinances or revenue measures may be raised on appeal
conferred upon the Sangguniang bayan (SB) or the Mayor, it shall declare such ordinance, within 30 days from the effectivity thereof to the Secretary of Justice who shall render a decision
resolution or Executive Order invalid in whole or in part xxx. The effect of such action shall be to within 60 days from the date of the receipt of the appeal. Provided, however, that such appeal
annul the ordinance, resolution or Executive Order in question in whole or in part. The action of do not have the effect of suspending the effectivity of ordinance and the accrual and payment of
the SP shall be final”. Said section gives the condition “if such resolution is beyond the power the tax, fee or charge therein. Provided, finally, that within 30 days after the receipt of the
conferred upon by the Sangguniang Bayan or Mayor xxx”. Obviously, it is well within the power decision or the lapse of the 60-day period without the Secretary of Justice acting upon the
of the Municipality to exercise the right of eminent domain and thus, the SB has the capacity to
appeal, the aggrieved party may file appropriate proceedings with a court of competent
jurisdiction. 1.b Reyes v. CA 320 SCRA 486
Facts: The Sangguniang Bayan of San Juan, Metro Manila implemented 5 tax
2. Power to Levy Other Taxes, Fees and Charges ( Sec. 186, LGC of 1991) ordinances. Antonio Reyes and 2 others (the Reyes Three) filed an appeal with the Department
Local governments may exercise the power to levy taxes, fees or charges on any of Justice alleging the constitutionality of these tax ordinances allegedly because they were
base or subject not otherwise enumerated herein or taxed under the provisions of the National promulgated without previous public hearings thereby constituting deprivation of property without
Internal Revenue Code (NLRC), as amended, or other applicable laws. Provided, that the taxes, due process of law. Secretary of Justice Franklin Drilon however, dismissed the appeal for being
fees or charges shall not be unjust, excessive, confiscatory or contrary to declared national filed out of time since the last of the 5 ordinances took effect on Oct 29, 2992 while the Reyes
policy; Provided further, that the ordinance levying such taxes, fees or charges shall not be Three filed their appeal only on May 21, 1993, way past the 30-day period from the effectivity
enacted without any prior public hearing conducted for the purpose. thereof for appeal as allowed by Sec 187 of the LGC of 1993. The CA also ruled in favor of
Franklin Drilon.
1.a Allied Thread Co. v. City Mayor of Manila 133 SCRA 338 Undaunted, the Reyes Three, in a petition for review with the SC, claim that
Facts: Allied Thread Co is engaged in the business of manufacturing of sewing thread notwithstanding the 30-day period imposed by the law for appeal, an ordinance enacted without
and yarn under duly registered trademark and labels. It operates its factories and maintains an the requisite of public hearing is unconstitutional and thus void from the beginning ( in other
office in Pasig, Rizal. In order to sell its products in Manila and other parts of the Philippines, words, an action to declare anything unconstitutional does not prescribe since it is reduction as
Allied Thread Co engaged the services of a sales broker, Ker and Company Ltd, the latter absurdum). Also the Reyes Three ask if constitutionality of Sec. 187 can be raised for the first
deriving commission for every sale made for its principal. time on appeal. (see ‘Public Hearing’ of this reviewer).
On June 12, 1974, the Municipal Board of the City of Manila enacted Ordinance No.
7516 imposing on manufacturers, importer, porters or producers, doing business in the city of Held: The Reyes Three are wrong: Reasons:
Manila, business taxes based on gross sales recorded on a graduated basis. A s used by the 1. There is a reason why protests over tax ordinances are required to be done within
Ordinance, “graduated basis” meant that “60% of all sales recorded in the principal offices of all certain time frames. A municipal tax ordinance empowers an LGU to impose taxes. The power
businesses are located in the City of Manila, the same shall be taxable as well by said City. As to tax is one of the most effective instruments to raise needed revenues to finance and support
for the branches of businesses, all sales recorded by it shall be taxable by the City of Manila the myriad activities of LGUs for the delivery of basic services essential to the promotion of the
provided they are also located in the said City.” general welfare and enhancement of peace, progress and prosperity of the people.
The Mayor of Manila approved said Ordinance on June 15, 1974. In less than two Consequently, any delay in tax measures would be to the detriment of the public.
months, however, the ordinance underwent a series of amendments. The last amendment was 2. While it is true that the public hearings are required to be conducted prior to the
approved by the Mayor on July 29, 2974. enactment of a tax ordinance, the Reyes Three did not show any proof that the Sangguniang
Having affected by the aforementioned Ordinance, being manufacturers and sales Bayan of San Juan failed to conduct the required public hearings. The reason is that the lack of
brokers, Allied Thread Co filed a petition for declaratory relief contending that Ordinance 7516 is a public hearing is a negative allegation essential to a petitioner cause of action. Hence, as the
not valid or enforceable as the same is contrary to Sec 52 of PD 426, as clarified by Local Tax Reyes Three are the ones asserting the lack of a public hearing, they have the burden of proof.
Regulation No 1-71. To quote said Regulation: “A local tax ordinance shall go into effect on the Since the Reyes Three failed to rebut the presumption of validity in favor of the subject
15th day after approved by the local chief executive in accordance with Sec 41 of the Code. In ordinances and to discharge the burden of proving that no public hearings were conducted prior
view hereof and considering the provisions of Art 54 of the Code regarding the accrual of taxes a to the enacted thereof, the Court is constrained to uphold their constitutionality or legality. This is
local tax ordinance intended to take effect on July 1, 1974 should be enacted by the local chief true despite the fact that the Sanggunian has the control of records or the better means of proof
executive not later than June 15, 1974.” Otherwise stated, Allied Thread Co asserts that due to regarding the alleged, and the Reyes Three are not relieved from the burden of proving their
the series of amendments in the Ordinance 7516, the same Ordinance fell short of the deadline averments.
set forth by Sec 54 of PD 426 that “for an ordinance intended to take effect on July 1, 1974, it 3. On the validity of Sec. 187 of LGC of 1991, the Court stresses that the
must be enacted on or before June 15, 1954.” As mentioned earlier, the last amendment of the constitutionality of an act of Congress will not be passed upon by the Court unless at the first
ordinance was approved on July 29, 1974. opportunity that question is properly raised and presented in an appropriate case, and is
Allied Thread also contended that the questioned Ordinance did not comply with the necessary for the determination of the case, particularly where the issue of constitutionality is
necessary publication requirement in a newspaper of general circulation as mandated by Sec43 the very lis mota presented. The constitutionality of a statutory provision should not be
of the Local Tax Code. Moreover, Allied Thread claimed that it should not be covered by the said entertained by the Court where it was not specifically raised below, insisted upon and
Ordinance as amended; because it does not operate or maintain a branch office in Manila and adequately argued. The Court finds no real necessity in tackling the constitutionality of Sec. 187
that its principal office and factory are located in Pasig, Rizal. of LGC of 1991.
4. City of Manila v. JAC 179 SCRA 423 The Philippines Sugar Commission (PHILSUCOM) owned a sugar refinery at
Facts: The City of Manila leased a lot of the North Cemetery to Irene Sto. Domingo. Barangay Caloocan, Balayan, Batangas. However, PHILSUCOM failed to pay the real state
The period of the lease is from June 6, 1971 to June 6, 2001. taxes due on said sugar refinery. So the Provincial Treasurer of Batangas scheduled for the sale
of the sugar refinery thru a public auction.
Irene’s husband died and was buried in said lot on June 6, 1971. The authorities of
the North cemetery however, ordered the lot exhumed on January 25, 1978, according to their PHILSUCOM, however, was granted a restraining order maintaining the status quo. In
interpretation in good faith of AO No. 5, 1975, which provided for a uniform procedure and the meantime, Barangay Caloocan, thru Atty. Ceferino Inciong, intervened in the case as it had
guidelines in the processing of documents pertaining to and for the use and disposition of burial 10% property tax share to be collected form PHILSUCOM. To make the long story short, Atty.
lots and plots within the North Cemetery, etc. Inciong eked out a compromise agreement for both warring parties so everybody went home
happy except for Atty. Inciong.
Naturally, Irene and her family were shocked, Adding to their dismay was that the
remains of her husband was callously dumped in a warehouse of a cemetery were thousands of It seemed that the request of the Barangay Captain of Caloocan for petitioner’s legal
other sacks of bones were kept. The risk, according to her, of claiming the wrong set of bones assistance was not taken up nor approved by the Sangguniang Barangay nor was there any
was high. Irene filed a claim for damages against the city. Will the suit prosper? showing that it was approved by the Solicitor General and concurred in by COA as required
under COA Circular No. 86 – 255, dated April 2, 1986.
Held: Yes, reasons:
Also it seemed that the hiring of petitioner by the Punong Barangay did not carry with
1. In connection with its powers as a municipal corporation, the City of Manila may it the approval of the Sangguniang Barangay as required under Section 91 (1-1) of the B.P. 377,
acquire property in its public or governmental capacity, and private or propriety nor was there any appropriation therefore; the hiring was not approved by the Solicitor General
capacity. The NCC divides such properties into property for public use as and concurred in by COA.
provincial roads, city streets, municipal streets, the squares, fountains, public
waters, promenades, and public works for public service paid for by said In other words, Barangay Caloocan doesn’t want to pay Atty. Inciong. Is that correct?
provisions, cities or municipalities, all other property is patrimonial without
prejudice to the provisions of special laws. Held: Our companero must be paid. Reasons:
2. In the absence of special law, the North Cemetery is a patrimonial property of the 1. We don’t want to see a kindred spirit get unpaid or else we lawyers will
have to go on strike.
City of Manila, which was created by resolution of the Municipal Board of August
27, 1903 and January 7, 1904. With its acts of dominion, there is therefore no
2. As correctly stated by the Office of the Solicitor General, the position of
doubt that the North Cemetery is within the class of property which the City of
respondent Chairman of the COA disallowing payment of attorney’s fees to petitioner Atty.
Manila owns in its propriety of private character. Furthermore, there is no dispute
Ceferino Inciong is not proper in the light of the following considerations:
that the burial was leased in favor of the Sto. Domingo. Hence, obligations
arising from contracts have the force of law between them. Therefore, a breach
a. The employment by Barangay Caloocan of petitioner as its counsel,
of contractual provision entitles the other party to damages even of no penalty for
even if allegedly unauthorized by the Sangguniang Barangay, is
such breach is prescribed in the contract.
binding on Barangay Caloocan as it took no prompt measure to
repudiate petitioner’s employment.
3. It should also be noted that the Charter of Manila states that it may sue and be
sued. By virtue if this and the doctrine of respondent superior, the City is liable for
b. The decision of the RTC directing Barangay Caloocan to pay
the negligent acts of its agents in failing to verify the duration of the lease above-
attorney’s fees to petitioner has become final and executory and is
quoted. The agents’ reliance in AO No.5 is unavailing because said AO covers
binding upon Barangay Caloocan.
only new leases.
c. COA Circular No. 86 – 255 cannot diminish the substantive right of
* Doctrine of Implied Municipal Liability (Contra personal liability)
petitioner to recover attorney’s fees under the final and executory
decision dated August 9, 1989 of the Regional Trial Court.
To hold a municipal corporation for benefits received under an implied contract:
3. The respondent COA Chairman states that PHILSUCOM paid the
a. It is necessary to show that the implied contract be within the
amount of 7,199,887. 51 pesos to the Municipal Treasurer under the Amnesty Compromise
contractual powers of the corporation and that the officers
Agreement. Out of this amount, the Municipal Treasurer allocated to Barangay Caloocan as its
who entered into contract were fully authorized.
share the amount of 719,988.75 pesos. This allocation is erroneous because pursuant to
Republic Act No. 5447, Barangay Caloocan should only share from the basic tax which is 50% situation is “Nemo tenetur ad impossibile” (The law obliges no one to
of what PHILSUCOM paid because the other half should go to the Special Education Fund. perform an impossibility)
Under the said Republic Act No. 5447, the rightful share of Barangay Caloocan should be
359,944.38 pesos only. 3. Until the contrary is clearly shown, an attorney is presumed to be acting
under authority of the litigant whom he purports to represent. His
The Chairman prayed that in the event the Court orders the payment of attorney’s fees to authority to appear for and represent petitioner in litigation, not having
petitioner this amount of 359,944.38 pesos should be made the basis therefore. The Court been questioned in the lower court, it will be presumed on appeal that
replied in a booming voice, “WHEREFORE, the petition is GRANTED and respondent is ordered counsel was properly authorized to file the complaint and appear for his
to direct the payment of attorney’ fees to petitioner Atty. Ceferino Inciong in an amount client. Even where an attorney is employed by an unauthorized person
equivalent to 10% of 359,994.38 pesos.” to represent a client, the latter will be bound where it has knowledge of
the fact that it is being represented by an attorney in a particular
2. Province of Cebu v. JAC 147 SCRA 447 litigation and takes no prompt measure to repudiate the assumed
Facts: Again, this case concerns the implied liability of a municipal corporation in authority. Such acquiescence in the employment of an attorney as
paying the fees of an attorney hired – but the attorney ended up with only a pittance. occurred in this case is tantamount to ratification. The act of the
successor provincial board and provincial officials in allowing Atty. Pablo
There was a time when Cebu City almost became the owner of practically the whole of P. Garcia to continue as counsel and in joining him in the suit led the
the Province of Cebu. This happened in Feb. 4. 1964 when the Vice – Governor and the counsel to believe his services were still necessary.
Provincial Board of Cebu, taking advantage of Governor Rene Espina’s absence (he was away
on an official business trip [ows?]} donated 210 lots or 380 hectares of provincial patrimonial 4. Atty. Garcia is entitled only to quantum merit. He simply was not
land to Cebu City. When Governor Espina finally heard of the donation, he filed a case to counsel when the compromise agreement was made. He gets only
declare the donation void for being illegal and immoral. The defendants in the case were Cebu 30,000 pesos,
City, City mayor Sergio Osmena and the dumb provincial officials responsible for the donation.
* Instances where the municipal mayor was held liable for back salaries of, or
Governor Espina hired Atty. Pablo Garcia, a private lawyer, as his counsel. Atty. damages to dismissed municipal employees, to the exclusion of the municipality
Garcia toiled for 8 years on the case, but for some reason, he was no longer counsel when the
parties settled for a compromise agreement. Nevertheless, Atty. Garcia claims he is entitled to Salcedo vs. Court of Appeals – the municipal mayor was held liable for the back
fees worth 30% of the worth of the properties or 36 million pesos (a staggering amount, salaries of the Chief of Police he had dismissed, not only because the dismissal was arbitrary
considering that the amount was based on the peso - dollar rates of 1979). but also because the mayor refuse to reinstate him in defiance of an order of the Commissioner
of Civil Service to reinstate.
The province of Cebu City however refused to give him even one centavo. They said
Sec. 1683 of the RAC and Sec. 3 of the Local Autonomy Law is clear that only the provincial Nemenzo vs. Sabillano – the municipal mayor was held personally liable for
fiscal and municipal attorney can represent a province or municipality in its lawsuits. More dismissing a police corporal who possessed the necessary civil service eligibility, the dismissal
importantly, if the province of Cebu were to hire a private lawyers (such as when the provincial being done without justifiable cause and without any administrative investigation.
fiscal is disqualified) the Provincial Board must pass a resolution to allow such a move.
Rama vs. Court of Appeals- the governor, vice – governor, member of the
The Trial court awarded attorney’s fees based on quantum merit. On appeal, the IAC Sangguniang Panlalawigan, provincial auditor, provincial treasurer and provincial engineer were
awarded 5% worth of properties. The questions now are 1. Should the province pay Atty. Garcia ordered to pay jointly and severally in their individual and personal capacity damages to some
and 2? If so how much is Atty. Garcia entitled to? 200 employees of the province of Cebu who were eased out from their positions because of
their party affiliations.
Held: The province must pay Atty. Garcia but he is entitled only to quantum merit.
Reasons: * Instance where the municipality was also held liable along with municipal mayor
1. Ibi quid generaliter conceditur; inest haee exception, si non aliquid sit 3. Laganapan v. Asedillo 154 SCRA 377
contra jus fasque. (Where anything is granted generally, this exception Facts: Solano Laganapan was appointed Chief of Police. However, he was summarily
is implied; that nothing shall be contrary to law and right). This simply dismissed from his position by respondent Mayor Elpidio Asedillo of Kalayaan, Laguna on the
means that every rule, no matter how strict or harsh, must have an ground that his appointment was provisional and that he has no civil service eligibility.
exception. Here, equity comes into play. To deny Atty. Garcia Respondent Epifanio Ragotero was appointed acting chief of police of Kalayaan, Laguna on the
compensation for his professional services would amount to a same day in place of the petitioner.
deprivation of property without due process of law.
Subsequently, the Municipal Council of Kalayaan, Laguna abolished the appropriation
2. The argument that the hiring of private lawyers by a province must first for the salary of the chief of police of Kalayaan, Laguna. Laganapan thus filed a complaint
against Mayor Asedillo and the Municipality of Kalayaan for reinstatement and payment of back
gain the approval of the Provincial Board is absurd. First of all, the
wages. May Laganapan be reinstated? Is the Municipality also liable?
service of the Provincial Fiscal has already been engaged by the
Provincial Board. More importantly, it’s so stupid for the Provincial
Held: The municipality is liable but Laganapan cannot be reinstated. Reasons:
Board to pass a resolution grant the hiring of a private lawyer who
would litigate against them. The Provincial Board may just not pass
1. Laganapan was summarily dismissed without any semblance of
such a resolution. The legal maxim which we can use as a basis for this
compliance with due process. No charges were filed, no notice or hearing was made, no
nothing. The Court finds no merit in the mayor’s contention that, since the appointments justification in terminating the services of petitioner and refusing to reinstate him as Chief of
extended to Laganapan as chief of police of Kalayaan, Laguna, were all provisional in nature, Police, the mayor must be held personally liable for the back salaries of Salcedo, except for the
and not permanent, his services could be terminated with or without cause at the pleasure of the time Salcedo was suspended.
appointing officer. While it may be true that Laganapan was holding a provisional appointment at
the time of his dismissal, he was not a temporary official who could be dismissed at any time. Legislative Powers
His provisional appointment could only be terminated thirty (30) days after receipt by the
appointing officer of a list of eligible form the Civil Services Commission. Here no such * Requisites of a valid ordinance
certification was received by Mayor Asedillo thirty (30) days prior to his dismissal of Laganapan.
1. Must not contravene the constitution or statute
Furthermore, it is of record that, after the summary dismissal of Laganapan by 2. Must not be oppressive
Asedillo, the Municipal Council of Kalayaan instead of opposing or at least protesting 3. Must not impartial, fair and general
Laganapan’s summary dismissal of his position, even abolished the appropriation for the salary 4. Must not prohibit, but may regulate trade
of the Chief of Police of Kalayaan – Laguna. The Court considers this act of the Municipal 5. Must not contravene common right
Council as an approval or confirmation of the act of respondent Mayor in summarily dismissing 6. Must be consistent with public
Laganapan, as to make said municipality equally liable as the mayor for the reinstatement of 7. Must not be unreasonable
Laganapan and for the payment of his back salaries.
NOTE: See also Solicitor General V. MMA, p. 25 of this reviewer
Finally it should be noted that Asedillo was sued not personally, but in his capacity as
mayor. • Distinction between an Ordinance and a Resolution
An ordinance prescribes a permanent rule of conduct government; whereas a
2. Laganapan cannot be reinstated. PD 482, recently enacted at that time, resolution is of temporary character only
calls for the appointment of a permanent Chief of Police (known as Station Commander), in
certain provinces including Laguna. His reinstatement is not feasible. The Mayor and the *Article 107, IRR. Ordinances and Resolutions. The following rules shall govern the enactment
municipality are instead liable for payment of back salaries. of ordinances and resolutions:
4. Salcedo v. CA 81 SCRA 408 1. Legislative actions in a general and permanent character shall be enacted in the form
Facts: Arsenio Salcedo was appointed Chief of Police of Candelaria, Quezon. of ordinances, while those temporary characters shall be passed in the form of
Records show that Salcedo then held civil service eligibility, having passed the U.S. Civil Service resolutions. Matters relating to propriety functions and to private concerns shall be
Examination for Messenger and Skilled laborer in 1928. Considering his eligibility appropriate to enacted in a resolution.
the position of Chief of Police, the Commissioner of Civil Service validated the same and
attested the appointment of Salcedo as permanent. Since then Salcedo has discharged the 2. Proposed ordinances and resolutions shall begin writing and shall contain an assigned
functions of his office number, a title or caption, an enacting or ordaining clause and the date of its proposed
effectivity. In addition, every proposed ordinance shall be accompanied by a brief
An administrative complaint for misconduct and serious irregularities was later filed explanatory note contain the justification for its approval. It shall be signed by the
against Salcedo. It seemed however that the mayor of Candelaria, Venancio Dia wanted him author or authors and submitted to the secretary to the sanggunian who shall report
kicked out right away so he terminated the services of the poor guy. The basis of the termination the same to the sanggunian at the next meeting.
was erroneous and illegal, since Salcedo didn’t possess the appropriate eligibility for the position
of Chief of Police (his civil service eligibility arose form a U.S based test, remember?) 3. A resolution shall be enacted in the same manner prescribed for an ordinance, except
that it need not go through a third reading for its final consideration unless decided
Salcedo appealed to the Commissioner of Civil Service. Although the Commissioner otherwise by a majority of the sanggunian members.
found him guilty of conduct unbecoming of a police officer, he was nevertheless reinstated and
was given a fine and a warning instead. 4. No ordinance or resolution shall be considered on second reading in any regular
The Mayor however really hated the guy. He refused to have Salcedo reinstated. The meeting unless it has been reported out by the proper committee to which it was
CA agrees with the mayor. referred or certified as urgent by the local chief executive.
The lone issue in this instant action is whether the respondent mayor can legally 5. Any legislative matter duly certified by the local chief executive as urgent whether or
terminate Salcedo’s services notwithstanding the attestation of the latter’s appointment as not it is included in the calendar of business, may be presented and considered by the
permanent by the Commissioner of Civil Service. body at the same meeting without need of suspending the rules.
Held: The mayor cannot terminate Salcedo’s services. The reason is that even though 6. The secretary to the sanggunian of the province, city or municipality shall prepare
he did not take the required examination either under the Old or New Civil Service Law, that copies of the proposed ordinance or resolution in the form it was passed on second
wasn't his fault. His claim to eligibility came from the U. S. Civil Service Examination he took in reading and shall distribute to each sanggunian member a copy thereof, except that a
1928 when the Philippines was still a U.S Colony. Salcedo cannot be required to take the measure certified by the local chief execute as urgent may be submitted for final
examination again after his eligibility had already been declared permanent by the Commission. voting immediately after debate or amendment during the second reading.
The respondent mayor persistently ignored the order of reinstatement given by the 7. No ordinance or resolution passed by the sanggunian in a regular or special session
Commissioner of Civil Service. He defied the directive of a superior body with final authority on duly called for the purpose shall be valid unless approved by majority of the members
the matter which is the mayor's duty to comply. For acting arbitrarily and without legal present, there being a quorum. Any ordinance or resolution authorizing or directing the
payment of money or creating liability, shall require the affirmative vote of all the PAGCOR, drunk with the success because it was able to open casinos in several
sanggunian members for its passage. cites, announce plans of opening one in Cagayan de Oro City. The reaction of the Sangguniang
Panlungsod of said city was swift: it passed 2 ordinances preventing the operation of casinos in
8. Upon passage of all ordinances and resolution directing the payment of money or its territory. Mayor Pablo Magtajas, one of the petitioners, said the ordinances were valid
creating liability, and at the request of any members, of any resolution or motion, the because 1. the Sangguniang Panlungsod have the power to enact ordinances to prevent,
sanggunian shall record the ayes and nays. Each approved ordinance or resolution suppress and impose appropriate penalties for gambling and other prohibited games of chance
shall be stamped with the seal of the sanggunian and recorded in a book kept for the (Art. 468, LGC, 1991); 2. the ordinance were an expression of the police power under the
purpose. General Welfare Clause; and 3. the LGC of 1991 modified the charter of the PAGCOR as the
LGC of 1991 was a later enactment of Congress. Is Magtajas correct?
*Article 108 – 144, IRR, LGC
Held: No. Reasons:
As we go along this reviewer, we'll ferret out the cream from the crap – which articles
deserve to be read again and again and which should be considered stinker, articles of such jaw 1. Art. 48 of the LGC clearly refers only to prohibit gambling and other games of chance.
- dropping ineptitude that the hapless law student has no recourse but to shake her head and Casinos are not prohibited because they are expressly allowed by P.D. 1869. the law
mutter, “What the hell they were thinking?.” But then, this is just probably the author talking lazy, creating PAGCOR.
so go read the codal instead.
d Call conventions, seminars, conferences or meetings of any elective and appointed Sec. 26. Duty of national government agencies in the maintenance of ecological balance (just go
officials of the province and component cities and municipalities. and read the code or JGRC)
6. The proceeds of the basic real property tax, including interest thereon and proceeds Sec. 27. Prior consultations required (JGRC)
form the use, leas or disposition, sale or redemption of property acquired at a public
auction shall be shared by the province, municipality and barangay in the manner Sec. 28. Powers of local chief executives over the units of the Philippine National Police
prescribed in Rule XXXI of these Rules.
7. The province shall share its collections form the tax on sand, gravel and other quantity The extent of operational management and control of local chief executives over the
resources within its component city and municipality and the barangay where said police force, fire protection unit, and jail management personnel assigned in their respective
resources are extracted. jurisdictions shall be governed by the provisions of RA 6975, otherwise known as the “DILG Act
of 1990”, the rules and regulations issued are pursuant thereto.
* Article 62, IRR. Role of people's organizations, non – governmental organizations and the
private sector Sec. 29. Provincial relations with component cites and municipalities
LGU's shall promote the establishment and operation of people's organizations, NGOs The province, thru the governor, shall ensure that every component cities and
and the private sector to make them active partners in the pursuit of local autonomy. For this municipality within its territorial jurisdiction acts within the scope of its prescribed powers and
purposes, people's organization, NGO's and the private sector shall be directly involved in the functions. Highly urbanized cities and independent component cities shall be independent of the
following plans, programs, projects and activities of LGUs: province.
Sec. 25. National supervision over local governments Sec 31. Submission of municipal question to the provincial legal officer or prosecutor
a. Consistent with the basic policy on local autonomy, the President shall exercise In the absence of municipal legal officer, the municipal government may secure the
general supervision over LGU's to ensure that their acts are within the scope of their prescribed opinion of the provincial legal officer and in the absence of the latter, that of the provincial
powers and functions. prosecutor on any legal question affecting the municipality
Sec 32. City and municipal supervision over their respective barangays
The city or municipality, thru the city or municipal mayor concerned shall exercise c. Doctors of medicine may practice their profession even during official hours of work
general supervision after component barangay to ensure that said barangays act within the only on occasion of emergency. Provided, that the official do not derive any monetary
scope of their prescribed powers and functions. income profession.
Sec 33. Cooperative undertakings among LGU's Section 94. Appointment of elective and appointive local officials: candidates who lost in an
election
LGUs' may, thru appropriate ordinances, group themselves, consolidate, or coordinate
their efforts, services and resources for purposes commonly beneficial to them. In support of a. No elective or appointive local official shall be eligible for appointment or designation in any
such undertakings, the LGU's involved may, upon approval by the sanggunian concerned after a capacity to any public office or position during his tenure
public hearing for the purpose, contribute lands, real estate, equipment, and other king of
property and appoint or assign personnel under such terms and conditions as may be agreed Unless otherwise allowed by law or primary functions of his position, no elective or
upon by the participating local units thru Memoranda of Agreement. appointive local official shall hold any other office or employment in the Government or any
subdivision or agency, or instrumentality thereof, including government – owned or controlled
Sec. 34. Role of people's and non – governmental organizations corporation (GOCC) or their subsidiaries;
LGU's shall promote the establishment and operation of people's and non – b. Except for losing candidates in barangay elections, no candidate who lost in any elections
governmental organization to become active partners in the pursuit of local autonomy. shall within 1 year after such election be appointed to any office in the Government or any
GOCC or in any of the subsidiaries
Sec. 35. Linkages with people's and non – governmental organizations
Section 95. Additional or double compensation
LGU's may enter into joint ventures and such other cooperative agreements with
people's and non – governmental organizations to engage in the delivery of basic services, No elective or appointive local official or employee shall receive additional, double or
capability – building and livelihood projects, and top develop local enterprises designed to indirect compensation unless specifically authorized by law, nor accept, without the consent of
improve productivity and income, diversity, agriculture, spur industrialization, promote ecological Congress, any present, emoluments, office, or title of any kind form any foreign government.
balance and enhance the economic and social well – being of the people. Pensions or gratuities shall not be considered additional or double or indirect compensation.
Sec 36. Assistance to people's and non – governmental organizations Article 177. IRR. Practice of profession. Same as Section 90, LGC
An LGU may thru its local chief executive and with the concurrence of the sanggunian Article 179. IRR Prohibited business and pecuniary interest.
concerned, provide assistance, financial or otherwise to such people's and non – governmental
organizations for economic , socially – oriented, environmental, or cultural projects to be a. It shall be unlawful for any local government official or employee whether directly or
implemented within its jurisdiction. indirectly, to:
REQUIREMENTS AND PROHIBITIONS APPLICABLE TO ALL LOCAL OFFICIALS AND 1. Engage in any business transaction with the LGU in which he is an official or
EMPLOYEES (Sec 90, 94, 94, Art 177, 179, IRR) employee or over which he has the power of supervision or with any of its authorized
boards, officials, agents or attorneys where money is to be paid, or property or any
Section 90. Practice of Profession other thing of value is to be transferred, directly or indirectly, out of the resources of
the LGU to such person or firm;
a. All governors, city and municipal mayors are prohibited from practicing their 2. Hold such interests in any cockpit or other games licensed by LGU
profession or engaging in any occupation other than the exercise of their functions as local chief 3. Purchase any real estate or other property forfeited in favor of an LGU for unpaid
executives. taxes or assessment or by virtues of a legal process at the instance of the said LGU
4. Be a surety for any person contracting or doing business with an LGU for which a
b. Sanggunian officials may practice their professions, engage in any occupation, or surety is acquired; and
teach in schools except during session hours. Provided, that sanggunian members who are also 5. Possess or use any public property of an LGU for private purposes
members of the Bar shall not:
b., All other prohibitions governing the conduct of national public officers relating to prohibited
1. Appear as counsel before any court in any civil case wherein and LGU or any office, business and pecuniary interest so provided in RA 6713, otherwise known as the Code of
agency or instrumentality of the government is the adverse party Conduct and Ethical Standards of Public officials and Employees, and other rules and
regulations shall also be applicable to local government officials and employees.
2. Appear as counsel in any criminal case wherein an official or employee of the national
or local government is accused of an offense committed in relation to his office Read SC Circular No. 12 dated June 30, 1988
Circulars passed by the SC and administrative agencies are a bit more difficult to
3. Collect any fee for their appearance in administrative proceedings involving the LGU research. They're probably not that important anyway – probably.
of which he is an official
1. Javellana v. DILG 212 SCRA 475
4. Use property and personnel of the Government except when the sanggunian member Facts: Attorney Edwin Javellana was a city councilor of Bago City, Negros Occidental.
concerned is defending the interest of the Government. He was accused of engaging in the practice of law without securing authority form the Regional
Director of the Department of Local Government. He also filed a case against the City Engineer,
obviously a fellow city official. Javellana contends that the 2 ordinances and Sec. 90 of the LGC Facts: The dissenting opinion by Justice Davide here is both prophetic and ironic
of 1991 which served as the basis of the charges against him were unconstitutional because, because he spoke that sovereignty cannot be fragmentized because such fragment cannot be
according to Article VIII Section 5 of the 1987 Constitution, only the Supreme Court may treated as a whole. Davide was talking about the rule that the popular will of the people (of
promulgate rules and regulations for the practice of law. He also attacked the said laws for being Sorsogon) in electing Juan Frivaldo as governor should not be frustrated since he garnered the
discriminatory for they ganged upon lawyers and doctors when other similar professions like most votes. Yet Frivaldo won under a cloud of doubt because he may not have legally
teachers and morticians were not affected. reacquired his citizenship in time for the elections. To allow Frivaldo as governor just because
the popular will of the electorate should not be frustrated – but setting aside the rule of law in
Held: Javellana is wrong. Reasons: the process – would be anarchy. Davide said (How ironic that it was Davide himself who swore
1. His contention that Section 90 of the LGC of 1991 and DLG Memorandum Circular in GMA as President during EDSA II)
No. 90-81 violate Article VII, Section 5 of the Constitution is completely off tangent. Neither the The majority opinion however, fortunately or otherwise, is the prevailing rule,
statute nor the circular trenches upon the Supreme Court's power and authority to prescribe Frivaldo filed his certificate of candidacy for governor on March 20, 1995. Raul Lee, the eventual
rules on the practice of law. The LGC and DLG Memorandum Circular No. 90- 81 simply second placer, filed a petition with the COMELEC to disqualify Frivaldo because he was not yet
prescribes rules of conduct for public officials to avoid conflict of interest between the discharge a Filipino citizen at the time. The COMELEC ruled in favor of Lee but since Frivaldo moved for
of their public duties and the private practice of their profession, in those instances where the reconsideration, his candidacy continued. Frivaldo eventually topped the elections but on June
law allows it. 30, 1995, the COMELEC acting on Lee's petition, proclaimed Lee as governor.
2. Section 90 of the LGC does not discriminate against the lawyers and doctors. It A week later, Frivaldo filed a petition claiming that on June 30, 1995 (day of Lee's
applies to all provincial and municipal officials in the professions or engaged in any occupation. proclamation), he took his oath of allegiance as a Filipino citizen after his August 17, 1994
Section 90 explicitly provides that sanggunian members “may practice their professions, engage petition for repatriation has been granted. The COMELEC thus proclaimed Frivaldo as winner.
in any occupation or teach in school except during session hours”. If there are some prohibitions Lee contends: 1. that Frivaldo's disqualification due to his lack of citizenship is a
that apply particularly to lawyers, it is because of all the professions, the practice of law is more continuing condition and rendered him ineligible to run for governor; and 2. the alleged
likely than other to relate to or affect the area of public service repatriation of Frivaldo cannot be retroactive.
2. Villegas v. Legazpi 113 SCRA 39 Held: Lee is wrong (or maybe, wronged). Reasons:
Facts: Raul Villegas was an Assemblyman of the Batasang Pambansa form the 1. Under Sec. 39 of the LGC of 1991, there is no showing that a candidate for an
province of Cebu. Estanislao Fernandez was also an Assemblyman (from where, the case
electoral position must be a Filipino citizen at any particular date and time. Admittedly, there was
doesn't say, but that's not important). Both were accused of violating Sec. 11 Article VIII of the
the objection that since a candidate must have been a registered voter beforehand, he must
1973 Charter which states that: “No member of the National Assembly shall appear as counsel
have therefore possessed Filipino citizenship in order to become a registered voter. The Court
before any court inferior to a court without appellate jurisdiction. The records show they
gave an explanation – that the qualification of citizenship for a registered voter and that for a
appeared as counsel for cases which were exercised by the CFIs in their original jurisdiction. Did
candidate are separate. The registration requirement of a candidate moreover, is for the purpose
they violate the constitutional prohibition?
of registering him as a voter in the area or requirement of a candidate moreover, is only for the
Held: Yes. Stated positively, the constitutional provision allows Assemblyman to
purpose of registering him as a voter in the area or territory he seeks to govern. He does not
appear only when the court handling their case exercise appellate jurisdiction. Only Appellate
actually have to vote (Ang layo! The issue is citizenship, not voting. The issue of being a
jurisdiction is permitted because the office of the Assemblyman carry so much influence and
registered voter was merely raised to bolster the claim that the qualification of citizenship is a
prestige that they might unduly influence upon the administration of justice.
continuing one and thus cannot be acquired at a later time. The Court is saying, “Run now,
acquire citizenship later,” which is lousy. Is this the way we treat our precious citizenship?)
3. Noriega v. Sison 125 SCRA 293
Facts: The name of the guy here is Emmanuel Sison. We place emphasize on the
2. The alleged repatriation of Frivaldo can be retroactive. PD 725 declares that
name here coz the complainant Hermino Noriega made such a big deal out of it Noriega
repatriation creates a “new right” in order to cure a defect in the existing naturalization law. In
claimed that Sison, an attorney who works as a Hearing Officer for the SEC, held himself out to
Frivaldo's cause he was stateless at the time he took his Filipino oath of allegiance since in his
the public as “Atty. Manuel Sison” and under such a gross misrepresentation of his name
comment, he has long renounced his American citizenship (a self serving statement). Moreover
handled a case for a close family friend. Noriega said that Sison violated the prohibition on
since he ran for governor several times prior to 1995, he necessarily must have taken the
government employees’ form practicing their professions. Sison replied that the SEC, thru
Filipino oath of allegiance several times as well, which is another indication of renunciation of his
associate commissioner, authorized him to allow as counsel for such and that he did it for free.
American citizenship (Davide countered that it is the US, not Frivaldo, who decides who is and
who is not her nationals, a principle in international law). Therefore, to prevent prejudice to
Held: Sison's appearance as counsel as cited was an isolated case, the same
Frivaldo by letting him remain stateless for a substantial period of time while in the meantime
therefore did not constitute practice of law since he did not receive pecuniary benefit (Note that
being deprived of his rights, it is clear then that PD 725 was intended to be retroactive. In short,
this case took place before the advent of the Cayetano v Monsod ruling). The case against him
Frivaldo's repatriation retracted to Aug 17, 1994, the day he filed his application for such and not
seemed more like an instrument of harassment Noriega since the latter once lost to Sison in a
just on June 30, 1995.
SEC case. There is simply no evidence that the interchanges his name for a fraudulent purpose
(the guy's entitled to use a nickname like everybody else, right?) nor this pleading which
2. Salomon v. NEA 169 SCRA 507
revealed his name to be “Manuel Sison” be tainted with deception since it was a mistake of
Facts: Natividad Salomon was a Director for the La Union Electric Corporation
Sison's part and he consistently tried to correct the same by pointing it out in court.
(LULECO). Because she was also a Barangay Captain of Natividad, Naguilan, La Union, the
Minister of Local Government of La Union appointed her as a member of the sangguniang
ELECTIVE OFFICIALS
Panlalawigan of La Union. The National Electrification Administration, however, disqualified her
from further acting as LULECO director by authority of Sec. 21 of PD 269 which says, “Elective
A. Qualification and Election
officers of the government, except barrio captain and councilors, shall be ineligible to become
1. Frivaldo v. COMELEC 257 SCRA 727
officers and/or directors of any (electric cooperative).” (Section 21 PD No. 269). The legal
provision is also incorporated in section 3, Article IV of the LULECO's by – laws which runs: “No
persons shall be eligible to become or to remain a board member of the cooperative who holds c. In case the permanent vacancy in the representation of the youth and barangay in the
an elective office in the government above the level of a barangay captain.” sanggunian, said vacancy shall be filled automatically by the official next in rank by the
Salomon simply argued that she is not an elective officer but an appointive officer as organization concerned
the facts above show. Is she therefore exempt form the prohibition?
2. Temporary Vacancies
Held: No, the spirit of the law would be undermined – that incumbents of elective offices be * Section 46 Temporary vacancies in the office of the local chief executive
prevented form exerting political influence and pressure on the management of the cooperative. a. When the governor city or municipal mayor or punong barangay is temporarily
The spirit of the law is as much a part of what is was written (wow). incapacitated to perform his duties for physical or legal reasons such as but not limited to, leave
of absence, travel abroad, suspension from office, the vice-governor, city or municipal vice-
B. Vacancies and succession mayor or the highest ranking sangguniang barangay member shall automatically exercise the
powers and perform the duties of the local chief executive concerned except the power to
1. Permanent Vacancies appoint, suspend, or dismiss employees which can only be exercised if the period of the
* Sec 44. Permanent vacancies in the office of the governor, vice – governor, mayor temporary incapacity exceeds for 30 working days
and vice mayor.
a. If a permanent vacancy occurs in the office of the governor or mayor, the vice b. Said temporary incapacity shall terminate upon submission to the appropriate
governor or vice mayor concerned shall become the governor or mayor. If a permanent vacancy sanggunian of a written declaration by the local chief executive concerned that he has to return
occurs on the office of the governor, vice – governor, mayor, or vice – mayor as the case may back to office. In cases where the temporary incapacity is due to legal causes the local chief
be. Subsequent vacancies in the said office shall be filled automatically by other sangguniang executive concerned shall also submit necessary documents that said legal causes no longer
members according to their ranking as defined therein. exist.
b. If a permanent vacancy occurred in the office of the punong barangay, the highest
ranking sangguniang barangay member or, in the case of his permanent inability, the second c. When the incumbent local chief executive is traveling within the country but outside
highest ranking sanggunian member shall become the punong barangay. his territorial jurisdiction for period not exceeding 3 consecutive days, he may designate in
c. A tie between or among the highest ranking sangguniang members shall be writing an officer-in-charge of the said office. Such authorization shall specifies the powers and
resolved by the drawing of lots functions that the local official concerned shall exercise in the absence of the local chief
d. The successors as defined herein shall serve only the unexpired portions of their executive except the power to appoint, suspend, or dismiss employees
predecessors.
d. In the event, however, that the local chief executive concerned fails or refuses to
For purposes of this chapter, a permanent vacancy arises when an elective local issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest
official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from ranking sangguniang barangay member, as the case may be, shall have the right to assume
office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of powers, duties and function of the said office on the 4th day of absence of the said local chief
his office. executive, subject to the limitation provided in subsection (C) hereof.
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 candidate e. Except as provided above the local chief executive in no case authorized any local
to the total number of registered voters in each district in the immediately preceding local official to assume the powers, duties and functions, other than the vice-governor, the city or
election. municipal vice-mayor, the highest sangguniang barangay member, as the case may be.
1. Panis v. Civil Service Commission 229 SCRA 589 3. In view of the foregoing, Menson's right to be paid the salary attached to the office
Facts: The Cebu City Medical Center (CCMC) is a government hospital of Cebu City. of the vice-governor is indubitable. And, even granting that the President, acting through the
One day, a new office in said hospital was created by virtue by a valid reorganization – the secretary of local government, possesses no power to appoint the petitioner, at the very least,
Assistant Chief of Hospital for Administration. Two candidates for the appointive position the petitioner is de facto officer entitled to compensation.
cropped up. Jaime Panis and Bella Veloso, Panis loved to crow about his seniority status and
thought he would be chosen for the position. However, the city mayor appointed Veloso, Panis 4. The SC explained that the vacancy must always be filled, in this wise: “A vacancy
now claims that the appointment of Veloso was made in violation of law, existing civil service creates an anomalous situation and finds no approbation under the law for it deprives the
rules and established jurisprudence because the seniority and next in rank rules were constituents of the right of the representation and governance in their own local government. In
disregarded. a republican form of government, the majority rules through their chosen few, and if one of them
is incapacitated or absent, etc, the management of governmental affairs, may be hampered.
Held: Panis is wrong. First, even if granting that Veloso was originally an outsider as Necessarily, there will be a consequent delay in the delivery of basic services to the people of
she came from the private sector, it will not prohibit her employment as long as she has her Leyte if the governor or the vice-governor is missing”
civil service eligibility. Second, the next rank rule applies only in cases of promotion. The
position being fought was newly created. Assuming however, that said position could only be 3. Sangguniang Bayan of San Andres, Catanduanes v. CA 284 SCRA 276
filled up through promotion, still the next in rank rule is not mandatory – it nearly gives Facts: Augusto Antonio was a barangay captain of Sapang Palay, San Andres,
preferential treatment. Ultimately, the power to appoint lies within the discretion of the local Catanduanes in March 1989. This guy later became president of the Association of Barangay
chief executive vested with the power, provided that appointee possesses the minimum Councils or ABC. Thanks to the LGC of 1983, his position also entitles him to be a member of
requirements provided by law. the sangguniang bayan of the Municipality of San Andres.
Meanwhile, the election for president of the Federation of the Association of Barangay
2. Menson v. Petilla 197 SCRA 251 Councils (ABC) was for the municipality. FABC was for the province was declared void for lack
Facts: For a time, the province of Leyte had not proclaimed any governor. So on of quorum so the provincial council was forced to reorganize. As a result, the DILG secretary,
February 16, 1988, the secretary of local government appointed vice-governor Leopoldo Petilla in recognition of Antonio as a power hungry politician, designated him as a temporary member
as acting governor of the province of Leyte. of the Sangguniang Panlalawigan. Nenito Aquino, the ABC vice-president took his place.
Now the position of vice-guy was vacant. The secretary of local government thus Antonio however, never questioned Aquino as his replacement. Antonio tendered his
appointed Aurelio Menson, a senior member of sangguniang panlalawigan as vice-governor. resignation from the sangguniang bayan (but not as ABC president) and would later on serve
Everything would have been fine except for one thing: the LGC of 1983 does not the sangguniang panlalawigan for 2 years.
provide for succession of the office of the vice-governor (even the LGC of 1991 as well). Still, Some time afterwards, the election for president of FABC above quoted, which was
Menzon did serve for more than a year as vice-governor. once declared void, was reversed by the SC. Also, was found to unqualified for membership in
On July 7, 1989, after some serious debate on the legality of Menson's appointment, the Sangguniang Panlalawigan so he got promptly kicked-out.
the sangguniang panlalawigan issued a resolution holding invalid the appointment of Menson as A year passed. Then Antonio heard that Aquino resigned from the presidency of the
vice-governor. Their reasoning: legally speaking, there is no vacancy in the office of the vice- ABC. Antonio now wants his old job back as ABC president. The Sangguniang Bayan refused
governor cause no law recognizes its existence. And granting that such vacancy legally exists, to take him back, saying he resigned from the Sangguniang Bayan a long time ago. Antonio
the law does not authorize secretary of local government to have an appointment thereto. As a replied that the third requirement for his valid resignation – acceptance by the president or his
result, poor Menson was not paid emoluments attached to his office as vice-governor. alter ego was missing. Moreover, if his resignation was valid he did not resign as ABC
president – and said position still carries with it the benefit of being an ex-officio member of the
Was there really a vacancy? Is Menson entitled to the emoluments? Sangguniang Bayan. The Sangguniang Bayan countered that he either did one of two things –
resignation or abandonment of his old post.
Held: 1. Menson was appointed precisely to avoid such scenario. Besides, the law on
public officers is clear on the matter. There is no vacancy whenever the office is occupied by a Held: Antonio did not effectively resign but he did abandon his post. Reasons:
legally qualified incumbent. In a scenario there is a vacancy when there is no person lawfully 1. Resignation as the “Act of giving up or the act of an officer by which he
authorized to assume and exercise at present the duties of the office. declines his office and renounces the further right to use it. It is an expression of the incumbent
Applying the definition of vacancy in this case, it can be readily seen that the office of in some form expressed or implied or the intention to surrender renounce and relinquish the
the vice-governor was left vacant when the duly elected vice-governor Leopoldo Petilla was office and the acceptance by competent and lawful authority.” To constitute a complete and
appointed acting governor. In the eyes of the law, the office to which he was elected was left operative resignation from public office, there must be: a. an intention to relinquish a part of the
barren of a legally qualified person to exercise the duties of the vice-governor term; b. an act of relinquishment; and c. an acceptance by the proper authority. The last one is
required by reason of Article 238 of the Revised Penal Code.
2. It may be noted under commonwealth act no. 588 and the revised administrative Antonio did not effectively resign because the third element is missing. While it is true
code of 1987, the President is empowered to make temporary appointments in certain public that the LGC is silent as to who shall accept the resignation of a Sanggunian Bayan member,
offices, in case of any vacancy that may occur. Admittedly, both laws deal only with the filling of jurisprudence has held that in the absence of statutory provisions as to whom resignations
vacancies in appointive positions. However, in the absence of any contrary provision in the local shall be submitted, the appointing person or body shall receive the resignation. The president
government code and in the best interest of public service, the SC saw no-cogent reason why or his alter ego is the appointing person in this case and there was no evidence that either of
the procedure thus outlined by the two laws may not be similarly applied in the present case. them have received Antonio's resignation.
Petilla et. al. contend that the provincial board is the correct appointing power. This argument
has no merit. As between the President who has supervision over local government as provided 2. Antonio however, abandoned his post. Abandonment of an office has been defined
as the voluntary relinquishment of an office by the holder with the intention of terminating his
possession and control thereof. The following clearly manifest the intention of private 1. Provincial level. All the mayors, vice – mayors and sanggunian members of
respondent to abandon his position: 1. his failure to perform his function as member of the the municipalities and component cities
Sangguniang Bayan. 2. his failure to collect the corresponding remuneration for the position, 3. 2. City level: all punong barangay and sangguniang barangay members in the
his failure to object to the appointment of Aquino as his replacement in the Sangguniang city
Bayan, 4. his prolonged failure to initiate any act to re assume his post in the Sangguniang 3. Legislative district level. In case where sangguniang panlalawigan members
Bayan after the Supreme Court had nullified his designation to the Sangguniang Panlalawigan. are elected by district, all elective municipal officers in the district and in cases
where sangguniang panlungsod members are elected by district, all elective
On the other hand, the following, the following overt acts demonstrate that he had barangay officials in the district and
affected his intention 1. his letter of resignation from the Sangguniang Bayan, 2. his 4. Municipal level. All punong barangay and sangguniang barangay members in
assumption of office as member of said Sanggunian Panlalawigan 3. his faithful discharge of the municipality.
his duties and functions as member of said Sanggunian and 4. his receipt of the remuneration
for such post. c. A majority of all the preparatory recall assembly members may convene in session
While it was true that Antonio was designated as member of the Sanggunian in a public place initiate a recall proceeding against any elective official in the LGU concerned.
Panlalawigan – meaning his appointment there was merely to discharge duties in addition to Recall of city, provincial and municipal officials shall be validly initiated through a resolution
his regular responsibilities as a Sanggunian Bayan Members – still his express and implied adopted by a majority of all the preparatory recall assembly concerned during its session called
acts clearly indicate hi abandonment of the latter. for the purpose.
3. Lastly, Antonio, who remained ABC president, claims the legal right to be a member d. recall of any elective provincial, city, or municipal or barangay official may also be
of the Sangguniang Bayan by virtue of Section 146 of BP Blg 337. However, his right thereto is validly initiated on petition of at least 25% of the total number of registered voters in the LGU
not self – executory, for the law itself requires another positive act an appointment by the concerned during the election which the local official sought to be recalled was elected.
President or the secretary of local government per EO 342. What Antonio could have done in
order to be able to re assume his post after Aquino's resignation was to seek a reappointment 1. A written petition for recall duly signed before the election registrar or his rep and in
form the President of the secretary of local government. By large, Antonio cannot claim an the absence of rep of the petitioner and a rep of the official sought to be recalled and in a public
absolute right to the office which. By his own actuations, he is deemed to have relinquished. lace in the province, city or municipality or barangay as the case maybe, shall be filed with the
COMELEC thru its office of the LGU concerned. The COMELEC or its duly authorized rep shall
4. Gamboa Jr. v. Aguirre Jr. 310 SCRA 867 cause the publication of the petition in a public and conspicuous place for a period of not less
Facts: In the 1995 elections, we have the following winners from Negros Occidental: than 10 days nor more than 20 days for the purpose of ratifying the authenticity and
Rafael Coscolluela as governor; Romeo Gamboa as vice governor; and Marcelo Aguirre and genuineness of the petition and the required percentage of voters.
Juan Araneta as Sangguniang Panlalawigan (SP). Now, under the LGC of 1991, the vice
governor shall also be the officer of the SP. Keep this in mind later on. 2. Upon the lapse of the aforesaid period, the COMELEC or its duly authorize rep
The governor went away on an official trip abroad. Before he left, he designated vice shall announce the acceptance of candidates to the position and thereafter prepare a list of
governor as acting governor. So the vice governor became acting governor. But when vice candidates which shall include the name of the official sought to be recalled.
governor Gamboa, who was now acting governor as well, tried to preside over SP sessions,
some SP members resented and even filed a case in court to prohibit him from doing so. The *Sec 71 Election on recall. Upon filing of a valid resolution or petition for recall with the
court even declared Gamboa as “temporarily legally incapacitated to preside over the sessions appropriate local office of the COMELEC, the Commission or its duly recognized rep shall set
of the SP during the period that he is the acting governor.” Was the trial court correct? the date of the election on recall, which shall be not later than 30 days after the filing of the
resolution or petition for recall in the case of the barangay, city, or municipal officials and 45
Held: Yes, if you'll look at the composition of the SP, no presence of the governor. can days in the case of provincial officials. The official officials sought to be recalled shall
be found. Since Gamboa became acting governor., he technically had given up his SP automatically be considered as a duly registered candidate or candidates to pertinent positions
membership notwithstanding him being still vice governor. since the LGC of 1991 is clear that and like other candidates, shall be entitled to be voted upon.
the composition of the SP should not have even the slightest hint of governor's presence – not
even his smell. What the law enumerates, the law necessarily excludes. An acting give smells *Sec 72 effectivity of recall. The recall of an elective local official shall be effective only upon the
like a governor. For all other purposes however, Gamboa still remains as vice governor. secretion and proclamation of a successor in the person of the candidate receiving the highest
In such case, since the vice governor. cannot preside, the SP members present and number of votes cast during the election on recall. Should the official sought to be recalled
constituting a quorum shall elect a temporary presiding officer form among themselves (Sec receive the highest number of votes, confidence in him is thereby affirmed and he shall continue
49b, LGC) in office.
C. Recall(See 69-75, LGC and Art 154 – 162, IRR) *Sec 73 Prohibition form resignation. The elective local official sought to be recalled shall not be
* Sec 69, LGC. By whom exercised. The power of recall for loss of confidence shall be allowed to resign while the recall process is in progress.
exercised by regular voters of an LGU to which the local elective official subject to such recall
belongs. *Sec 74 Limitations on recall
* Sec 70 Initiation of the recall process
a. Recall may be initiated by a preparatory recall assembly or by the registered voters a. An elective local official may be the subject of a recall election only once during the term of his
of the LGU to which the local elective official to such recall belongs. office or loss of confidence.
b. No recall shall take place within 1 year from the date of the official's assumption to office of 1
b. There shall be a preparatory recall assembly in every province, city, district and year immediately preceding a regular local election.
municipality which shall be composed of the following:
* Sec 75. Expenses incidental to recall elections. All expenses incidental to recall elections shall It’s not hard to see that in reality, it’s far easy get majority of the PRA to initiate a recall
be borne by the COMELEC. For this purpose, there shall be included in the annual General proceeding. In effect a small group can easily negate the power of the vast electorate to initiate
Appropriation Act a Contingency fund at the disposal of the COMELEC for the conduct of recall recall (therefore, the good justice is doubtful of the republican system of the government). What
elections. congress should have done is to reduce the minimum 25% requirement down to 15 or 20%
(which is good idea).
* Art 154 – 162, IRR. Exactly the same as above, but with addition of “Who may be
recalled” (see below) 2. Evardone v. COMELEC 204 SCRA 464
Facts: The guys here calling for a recall of an elective official failed because they
1. Requisites initiated the recall a bit too late.
If there's such a thing as requisites of a recall, it's probably found buried in Section 69 Felipe Evardone won as mayor of municipality of Sulat, Eastern Samar in the 1988
and 70 of the LGC of 1991. The requisites probably are: election. 2 years later, Alexander Apelado and friends filed a petition for the recall of Evardone.
a. Initiation, either thru direct action by the people or thru a preparatory recall The COMELEC approved the signing of the said petition for recall.
assembly; and There was some ballyhoo regarding a TRO issued by the SC retraining Apelado and
b. Election friends from proceeding of the signing of the petition, but that’s not important. What Everdone
complaining about is that the COMELEC cannot formulate rules and regulations governing the
2. Who may be recalled procedure of recall elections because according to the 1987 Constitution, Congress is supposed
• Art 155. IRR Who may be recalled. Any elective provincial, city, municipal or barangay to pass a new local government code which would provide for the procedure in recall elections.
official may be recalled for loss of confidence in the manner prescribed in this rule provided Since such a code wasn’t passed at the time, the initiation for recall must fail because there’s no
that no recall may be instituted against said elective local official who have been the subject procedure in existence to follow anyway.
of a previous recall election held during the same term of office.
• Held: The initiation of recall must fail, but for a different reason.
3. Grounds for recalls 1) Its true tat the LGC of 1991 has yet to be passed. However, the LGC of 1983 (BP
Loss of confidence, which is a political question 337) was still in force in hat time as can be shown in the proceedings of the 1986 Constitutional
4. When recall may not be held Commission where the effectiveness of BP 337 was expressly recognized. BP 337 authorizes
See Section 74, LGC of 1991 the COMELEC to supervise and control recall elections and promulgate the necessary rules and
regulations.
5. Procedure for recall 2) However, the SC promulgated this decision in 1991. The 1992 elections was only 7
See Section 70, supra months away, BP 337 disallows the holding of recall elections one year immediately preceding a
regular local election.
6. Effectivity of recall
See Section 72, supra 3. Paras v. COMELEC 264 SCRA 49
Facts: Pati SK elections ba naman pinatulan ng recall.
1. Garcia v. COMELEC 227 SCRA 100 Danilo Paras won as Punong Barangay in the 1994 barangay elections of Pula,
Facts: Enrique Garcia was elected Governor of Bataan in the 1992 elections. Some Cabanatuan City. A petition for his recall as Punong Barangay was filed by the registered voters
mayors, vice mayors and Sangguniang Bayan members of the 12 municipalities of Bataan of the barangay. Paras managed to delay the holding of the recall elections 3 times (note that
however convened and constitute themselves into a Preparatory Recall Assembly to initiate the the term of a Punong Barangay is for 3 years only). The third attempt at a recall election was
recall of Garcia. The PRA's first resolution calling for the recall of Garcia was however shot down slated for January 13, 1996. Paras gleefully noted that the recall action was barred by
by the SC because it was found that the backers of the PRA sent only selective notices to local representation as no recall shall take place. 1 year immediately preceding a regular election as
officials most likely sympathetic to their cause. The PRA thus cured this defect in their second managed by SEC.74(b), LGC of 1991.
resolution. Scared, Garcia now assails the constitutionality of Section 70 of the LGC of 1991,
which allows a preparatory recall assembly to initiate a recall of an elective official. Garcia says Held: A Sangguniang Kabataan (SK) election is not a regular local election, at least
that it’s highly possible that the dominant political party in government can use a recall as a tool within the contest of Section 74 because said Section 74, when taken together as a whole, is
in ousting their incumbent opponents; 2) the RPA is not reflective of the people’s will; 3) the right intended for elective positions with minimum terms of 4 years. Para’s interpretation of the statute
to initiate recall rests with the people itself. is too literal and absurd. The spirit, rather than the letter of the law, determines it’s contents.
However Para’s delaying tactics worked. The next regular elections concerning the
Held: Garcia is wrong reasons: barangay office concerned is merely 7 moths away. Recall is no longer possible by virtue of
1) All powers are subject to abuse anyway. To deny power because it can be abused same election 74(b). Para’s still merges as the winner (Moral lesson: Wag mo ng patulan ang
by the grantee is to render government powerless and no people need a toothless government. SK elections 3 taon lang naman natiis yan eh).
This is the reason behind the presumption that public officials are actually performing their duties
in good faith. 4. Mercado v. Board of Elections Supervisors of Ibaan, Batangas 243 SCRA 422
2) The PRA is merely a step in the recall process. The recall it self still has to be Facts: Jose Mercado was proclaimed SK chairman of Barangay Mabalor, Ibaan
submitted to the people for affirmation thru an election. The PRA is not the recall itself, thus it Batangas during the 1992 elections. His rival, Crisanto Pangilinan, filed a protest with the Board
cannot be said to be reflective of the people’s will. of Elections Supervisors (BES) on the ground that some votes, were invalidated by the Board of
3) The PRA is also initiation of recall by the people themselves, although done Election Tellers (BET) Chairman without insulting his fellow members. Pangilinan won in the
indirectly through their representatives. The reason for using PRA as a mode for initiating recall recount
is because admittedly, initiating recall thru direct action by the people is difficult and expensive. Mercado assailed in the authority of the BES act on the protest filed by his rival. He
4) Davide’s dissent: the power to initiate recall includes the power not to initiate. The said the ground created by Pangilinan was in the nature of an election protest properly
power to initiate becomes meaningless if another body is authorized to do it for the electorate. cognizable by the Metropolitan or Municipal Trial Court (as mandated by Section 252 of the
Omnibus Election Code) and not by some never heard BES, a body created by the COMELEC *Sec. 122. Procedure in local initiative.
thru its Resolution No. 2499. a) Not less than 1,000 registered voters in case of provinces and cities, 100 in case of
The RTC dismissed Mercado’s complaint saying that Resolution No. 2499 of the municipalities, and 50 in case of barangays, may file a petition with the sanggunian concerned
COMELEC did not vest in the RTC jurisdiction to try SK elections. Mercado then argued at the proposing the adoption, enactment, repeal or amendment of an ordinance.
SC that Res. No. 2499 was null and void in the first place because SK elections are governed by b) If no favorable action is taken thereon by the sanggunian concerned within 30 days
the Omnibus Election Code and not by some numb resolution passed without legal basis by the from its presentation, the proponents, thru their duly authorized representatives, may invoke
COMELEC. their power of initiative giving notice thereof to the sanggunian concerned.
c) The proposition shall be numbered serially from Roman numeral I. The COMELEC
Held: Mercado is mistaken. Reasons: or its designated representative shall extend assistance in the formulation of the proposition.
1) The SK election is not an election involving elective barangay officials within the d) 2 or more propositions may be submitted in an initiative.
context of the Omnibus Election Code and the Constitution. The position of SK chairman is not e) Proponents shall have 90 days in the case of provinces and cities, 60 days in the
include as one of the elective members of the Sangguniang Barangay (which consist of the case of municipalities, and 30 days in the case of barangays, from notice mentioned in
punong barangay and 7 regular sangguniang barangay members). An SK chairman is at best subsection (b) hereof to collect the required number of signatures.
merely an ex-officer member of Sangguniang Barangay. Therefore, SK elections are not f) The petition shall be singed before the election registrar, or his designated rep. in
governed by the Omnibus Election Code. the presence of the representative of the proponent and a rep. of sanggunian concerned, in a
2) Article 203 of the IRR of the LGC 1991 states that SK elections shall be governed public place in the LGU, as the case may be. Stations for collecting signatures must be
by the rules promulgated by the COMELEC. Therefore, the BES, as a creation of COMELEC established in as many places as may be warranted.
Res. No. 2499, has legal authority to take cognizance of the SK election protest. g) Upon the lapse of the period herein provided, the COMELEC, thru its office in the
LGU concerned for their approve within 60 days from the date of certification by the COMELEC,
5. Claudio v. COMELEC 311 SCRA 388 as provided in subsection (g) hereof, 45 days in the case of municipalities, and 30 days in the
Facts: Jovito Claudio won as mayor of Pasay City in the 1998 elections. In May, 1999, case of barangays. The initiative shall then be heard on the date set, after which the result
less than a year later, several barangay chairs gathered to discuss the filing of a petition for thereof shall be certified and proclaimed by the COMELEC.
recall against Mayor Claudio and the Convening of the PRA. It took only less than 2 weeks for
the members of the PRA to obtain a majority vote for the passing of a resolution calling for said *Sec. 123. Effectively of local propositions. If the proposition is approved by a majority
recall. of a vote cast, it shall take effect 15 days after certification by the COMELEC as if affirmative
Claudio however complained that what his opponents did was contrary to section 74 action thereon had been position is considered defeated.
of the LGC 1991, because of the word “recall” in said section should be interpreted not only to
mean a recall election alone, but is also intended to include the convening of the PRA and the *Sec. 124. Limitations of local initiative.
filling by it of a recall resolution. If Claudio’s interpretation is correct, then his enemies may have a) The power of local initiative shall not be exercised more than once a year.
indeed violated the statutory prohibition that “no recall shall take place within 1 year from the b) Initiative shall extend only to subjects or matters which are within the legal powers
date of the official’s assumption to office” since the PRA did indeed convene less than a year of the sanggunian to enact.
from Claudio’s assumption into office. c) If at any time before the initiative is held, the sanggunian concerned adopts in to the
Claudio also argued that the phrase “regular local election” in said Section 74(b) proposition presented and the local chief executive approves the same, the initiative shall be
includes the election period for that regular election and not only the date of such election. canceled. However, those against such action may, if they so desire, apply for initiative in the
manner herein provided.
Held: Claudio is wrong. Reasons:
1) The word recall in Section 74(b) refers to the recall election and not the preliminary *Sec. 125. Limitations upon sanggunian. Any proposition or ordinance adopted thru
proceedings to recall. Section 74 speaks of limitations on “recall” which, according to section 69, the system of initiative and referendum as herein provided shall not be repealed, modified, or
is a power which exercised by the registered voters of an LGU. Since the voters do not exercise amended by the sanggunian concerned within 6 months from the date approval thereof and may
such right except in an election, it is clear that the initiation of recall proceedings is not prohibited be amended, modified, or repealed within 3 years thereafter by a vote of ¾ of its members:
within the 1 year period provided. Provided, that in case of barangays, the period shall be 18 moths after the approval thereof.
2) Another reason why the initiation of recall proceedings is not prohibited within the 1
year period provided in 74(b) is that to hold the otherwise would be to unduly restrict the *Sec. 126. Local referendum defined. Local referendum is the legal process whereby
constitutional right of speech and of assembly of its members. Indeed, it would be wrong to the registered voters of the LGUs may approve, amend or reject any ordinance enacted by the
assume that such assemblies will always eventuate in a recall election. To the contrary, they sanggunian.
may result in the expression of confidence in incumbent. The local referendum shall be held under the direction and control of the COMELEC
3) The election period is not included in the phrase “regular local election.” Claudio’s within the 60 days in case of provinces and cities, 45 days in case of municipalities and 30 days
interpretation would severely limit the period during which a recall election may be held. Such an in the case of barangays.
interpretation must be rejected because it would devitalize the right of recall which is designed to The COMELEC shall certify and proclaim the results of the said referendum.
make LGU’s more responsive and accountable
*Sec. 127. Authority of courts. Nothing in this chapter shall prevent or preclude the
D. Local Initiative and Referendum (Sec. 120-127, Art. 133-153, IRR) power courts from declaring null and void any proposition approved pursuant to this Chapter for
*Sec. 120, LGC. Local initiatives defined. Local initiative is the legal process whereby the violation of the Constitution or want of capacity of the sanggunian concerned to enact the
the registered voters of an LGU may directly propose, enact, or amend any ordinance. said measure.
*Sec. 121. Who may exercise. The power of local initiative and the referendum may NOTE: Articles 133-153, IRR are roughly the same Section 120-127 above. However,
be exercised by all registered voters of the provinces, cities, municipalities and barangays. we should take note of Art. 145, IRR, which basically states the number of signature required.
1) In a province or city – at least 10% of the registered voters therein, with each know, the usual “I’m innocent, believe me” way of introducing a complaint) while the latter was
legislative district represented by at least 3 % of the registered voters therein. delivering a public speech. After evaluating the complaint, Governor Benjamin Espiritu had the
2) In a municipality – at least 10% of registered voters therein, with each barangay mayor preventively suspended for 60 days. Upon petition by the mayor, the RTC of Oriental
represented by at least 3% of registered voters therein. Mindoro issued a writ of preliminary injunction preventing the governor’s order of suspension.
3) In a barangay – 10% of registered voters therein. Was the injunction proper?
1. Grounds for Suspension and Removal (Sec. 60, LGC) 3. Aguinaldo v. Santos 212 SCRA 768
*Sec. 60 Grounds for disciplinary action. (Same as Article 124, IRR above). Facts: Rodolfo Aguinaldo was elected governor of Cagayan in 1988. Two years later,
after due no hearing, the Department of Local Government Secretary Luis Santos found
1. Espiritu v. Melgar 206 SCRA 256 Aguinaldo’s guilty of disloyalty to the Republic and of culpable violation of the Constitution.
Facts: A certain Ramir Garing filed a complaint against Mayor Nelson Melgar of Santos ordered Aguinaldo’s removal from of Pending criminal charges of disloyalty to the
Naujan, Oriental Mindoro, charging him with grave misconduct, abuse of authority, oppression, republic, under Art. 137, RPC were also lodged against him:
culpable violation if the Constitution (no kidding, Garing practically threw the revised penal code Aguinaldo questioned the legality of his removal with the SC. In the meantime,
at him). Garing claimed the mayor punched and kick him willfully unlawfully and feloniously (you Aguinaldo filed certificate of candidacy for governor again. 3 disqualification cases were filed
against him on the ground he was removed from office. Still, he was allowed to run and won a position in the national or local government, including its agencies and instrumentalities or
landslide victory. government-owned or controlled corporations.”
But this guy doesn’t give up in the face of adversity. He ran for councilor 3 times – in
Held: Since Aguinaldo was re-elected as governor, the pending administration case 1988, 1992 and 1995 – in the City of Manila and won each time. His second and third
against regarding his removal from office was rendered moot and academic. The reason is that campaigns as councilor was however mired by disqualification lawsuits from left and right as his
the electorate clearly forgiven him for the administrative misconduct he committed during the last sins from 1981 came back to haunt him.
term. This is the rule along with the theory that each term is separate from other terms, and that Particularly, his third campaign for councilor ran into some serious legal obstacle. One
the reelection to office operates as a condonation of the officer’s misconduct to the extent of of them come from Sec. 40(b) of the LGC of 1991 which states that persons running for any
cutting of the right to remove him therefore. elective office are disqualified if they were previously removed from office as a result if an
The foregoing rule, however, finds no application to criminal cases pending against administrative case. Another was that his proclamation as councilor for the third time was
petitioner for acts he may have committed during the failed coup. allegedly void because his disqualification case was still pending. Lastly, it seemed that the SC
NOTE: Under the qualified agency doctrine, alter egos of the President have the decision from 1981 forever barred him from seeking public office. Will Humberto “Lucky” Basco
power to discipline, suspend or remove elective officials under the grounds provided by law. overcome the odds and win?
I. Garcia v. Mojica 314 SCRA 207 2. Gonzaga v. Sandiganbayan 201 SCRA 417
Facts: On May 7, 1988, Cebu city mayor Alvin Garcia signed a contract with F.E. Facts: Corazon Gonzaga, a public school principal of Malabon Municipal High School,
Zuellig for the supply of asphalt to the city, 4 days later national elections were held and Mayor was charged with malversation of public funds before the Sandiganbayan. The Sandiganbayan
Garcia won reelection contract, in the other hand, took effect on September 1998. preventively suspended Gonzaga under RA 3019, but her suspension was decreed as indefinite.
deprive him of his pay as the result of the immediate execution of the decision against him and
Held: Preventive suspension of indefinite duration is rejected by the Constitution as it continue to do so even after it is shown that he is innocent of the charges for which he was
raises, at the very least, questions of denial of due process and equal protection of the law, in suspended. Indeed to sustain the government’s theory would be to make the administrative
other words, preventive suspension is justifiable for as long as its continuance is for a decision not only executor but final executor. The fact is that S.47 (2) and (4) are similar to the
reasonable length of time, secondly, preventive suspension is not a penalty, a person under execution of judgment pending appeal under Rule 39, S.5 of the Rules of Court Rule 39 S.5
preventive suspension, especially in a criminal action, remains entitled to the Constitutional provides that in the event the executed judgment is reversed, there shall be restitution or
presumption of innocence as his culpability must still be established, thirdly, the rule is that every reparation of damages of equity and justice may require.
law has in its favor the presumption of validity, and that to declare a law unconstitutional, the
basis for such a declaration must be clearly established. 4. Right of the Respondent (Art. 129, IRR)
The rule is that a person charged under RA3019 or PD 807 serve a maximum of 90 *Art. 129. Right of respondent, IRR. The respondent shall be accorded full opportunity
days preventive suspension only. 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
3. Garcia v. CA 306 SCRA 287 documentary evidence in his favor thru the compulsory process of subpoena or subpoena
Facts: this area is an offshoot from the 1991 case of Manila Public School Teachers duce’s locum.
v. Laguio. In that case, many teachers were fired because of their participation in a strike which
was declared by the SC to be illegal. However, Nicanor Margallo and 3 other teachers were able 5. Administrative Investigation and Appeals (Art. 131, IRR)
to survive the carnage of dismissals. These survivors however, although they are not *Art. 130. Investigation and decision.
participating in the strike, did not report during the same. a) The investigation of the case shall be terminated within 90 days from the start
The DECS secretary preventively suspended the survivors for 90 days. Later in they thereof. Unreasonable failure to complete the investigation after same period of 90 days by the
were found guilty as charged and their penalties ranged from dismissal to 6 moths suspension. person or persons assigned to investigate shall be a ground for disciplinary action.
The survivors appealed with the Merit System and Protection Board (MSPB) and later on, with b) Within 30 days after the end of the investigation, the Office of the president or the
the CSC, and managed to get lighter penalties of reprimands instead (in effect they were Sanggunian concerned shall render a decision stating clearly and distinctly the facts and
exonerated of the graver charges filed against them). reasons for such decisions. Copies of decision shall be immediately furnished the respondent
The survivors now want to obtain the salaries during the period for which they were and all interested parties. In case of failure of the Sanggunian concerned to render a decision on
preventively suspended. Since they were also preventively suspended pending appeal of their the resolution recommended on the investigation within 30 days after the end of the
cases and were later declared exonerated, they claim to be entitled to back salaries for that investigation, the recommended resolution shall be considered the decision.
period of time as well. Should they? c) The penalty of suspension shall not exceed the unexpired term of the respondent or
a period of 6 months for every administrative offense, nor shall said penalty be a bar to the
Held: The survivors are not entitled to back salaries for the period they were candidacy of the respondent so suspended as long as he meets the qualifications required for
preventively suspended pending investigation. However, they are entitled to back salaries for the the office.
period they were preventively suspended pending appeal. Reasons: d) The penalty of removal from office shall be considered a bar to the candidacy of the
1) Actually, it is possible to obtain one’s back salaries for the period she was respondent for any elective position.
preventively suspended pending investigation. However, 2 requisites must concur to make this
possible: *Art. 131. Administrative appeals, IRR. Decisions in administrative cases may, within
a) The employee must be found innocent of the charges which cause his 30 days from receipt thereof, may be appealed to the following:
suspension; and 1) The Sangguniang Panlalawigan, in the case of decisions of the
b) The suspension is unjustified. Sangguniang Panlungsod of component cities and the Sangguniang bayan, and
Here, the second element is lacking, the reason being that the preventive suspension 2) The office of the president, in case of decisions of Sangguniang
of civil service employees charge with dishonesty, oppression or grave misconduct, or neglect of Panlalawigan, Sangguniang Panlungsod of highly urbanized cities and independent component
duty is authorized by the CSC. It cannot, therefore, be considered “unjustified,” even if later the cities, and the sangguniang bayan of municipalities within MMA.
charges are dismissed so as to justify the payment of salaries to the employee concerned. It is Decisions of the office of the president shall be final executory.
one of those sacrifices which holding the public office requires for the public good. For this
reason, it is limited to 90 days unless the delay in the conclusion of the investigation is due to 1. Joson v. Tones 290 SCRA 179
the employee concerned. After that period, even if the investigation is finished, the law provides Facts: This is a long boring case. It explains in sordid detail what happens during an
that the employee shall be automatically reinstated. administrative investigation AO 24 dated Dec. 17, 1992 figured prominently in this case its
2) An employee is entitled to back salaries during the preventive suspension pending entirety if you want to know more about AO 24 (as if you would)
appeal. It must be remembered that preventive suspension pending investigation is not a One fine morning in September 12, 1996, the SP of Nueva Ecija was about to start
penalty but only a means of enabling the disciplining authority to conduct an unhampered their routine session when Governor Eduardo Joson barged into their session hall. Armed goons
investigation. On the other hand, preventive suspension pending appeal is actually punitive accompanied the governor. The governor threatened the SP members because they refused to
although it is in effect subsequently considered illegal if respondent is exonerated and the support governor’s plan to obtain a loan of 150M from the PNB.
administrative decision finding him guilty is reversed. Hence, he should be reinstated with full The SP members did not take the governor’s threat sitting down. They filed a
pay for the period of the suspension. complaint with the office of the president (OP), charging the governor with the grave misconduct
Thus, S 47 (4) (Book V, Chapter 6, RAC 1987) states that respondent shall be and abuse of authority.
considered as under preventive suspension during the pungency of the appeal in the event he Governor Joson was requested to file an answer. Instead, the governor asked for 3
wins. On the other hand, if his conviction is affirmed, if he is not exonerated, the period of his extensions of 30 days to file his answer. When 3 months pass and Joson, instead of filing his
suspension becomes part of the final penalty of suspension or dismissal. answer, filed instead Motion to Dismiss, Executive Secretary slapped him with a 60 day
It is precisely because the respondents are penalized before his sentence is preventive suspension.
confirmed that he should be paid as salaries in the event he is exonerated. It would be unjust to
Governor Joson then filed a motion to conduct formal investigation as mandated by Read the case of Garcia v. Mojica (see p. 69) preferably in it’s entirely, in
the LGC and AO 23. The DILG, the department investigating his case, denied the governor’s order to best see how the Ombudsman Act was applied in an actual case
motion. Proceedings before the DILG thus continued without the benefit of a formal
investigation. G. 1 Read AO No. 23, December 17, 1992
The case was resolved using position papers submitted by both parties. In its Read the case Joson v. Torres, (see p. 71) preferably in its entirely, in order
resolution, the DILG found the governor guilty as charged and imposed a 6 months suspension to best see how AO 23 was applied in an actual case.
without pay on him. G. 2 Read AO No. 121, March 10, 1992
Joson now claims he cannot be denied of his right to a formal investigation granted
under AO 21, thus the resolution finding him guilty should be declared null and void. Is he VII. KATARUNGAN PAMBARANGAY LAW
correct?
Read sections 399 to 420, LGC. (Not e: the following information on the KBL and the League of
Held: Yes, rejection of Joson’s right to a formal investigation is denial of procedural Local Government Units were lifted from the Political Law Reviewer by Nachura).
due process Sec. __ of AO 23 states that only the parties to the case have the right to decide
whether they desire a formal investigation. AO 23 does not give the investigating authority A. The Barangay
(which is the DILG Secretary by specific mandate of AO 23) the discretion to determine whether 1. Chief Officials and Officers
a formal investigation should be conducted. The rights of the respondent must be respected (Art. a) There shall be in each barangay a PB; 7 SB members, the SK chairman,
129, IRR). a barangay secretary and a barangay treasurer. There shall also be in every barangay a lupong
Another reason why Joson’s right to a formal investigation cannot be denied is tagapamayapa. The SB may from community brigades and create such other positions or
because he is an elective official. The rules on the removal and suspension of elective local officers as may be deemed necessary to carry out the purposes of barangay government.
officials are more stringent because the official has only a limited term of office. Suspension and 1) For purposes of the RPC, the PB, SB members, lupong
removal will shorten this term of office, thus the official must be accorded his rights under the tagapamayapa in each barangay shall be deemed as persons in authority in the jurisdiction,
law in order that the people who elected him into office will not be unduly deprived of his while other barangay officials and members who may be designated by law or ordinance and
services. The procedure of requiring position papers in lieu of a hearing in administrative cases charged with the maintenance of public order, protection and security of life and property, or the
is expressly allowed with respect to appointive officials but not to those elected. maintenance of a desirable and balanced environment, and any barangay member who come to
the all of persons authority, shall be deemed agents persons in authority in Milo v. Salonga, 152
2. Lupo v. Administrative Action Board 190 SCRA 69 SCRA 113, the barangay chairman is a public officer who may be charged with arbitrary
Facts: Fructuso Arroyo, the OIC/CDO, Message Center and former CDO of Telecom detention. In People v. Monton (1998), it was held that the barangay chairman is entitled to
filed a complaint for dishonesty thru falsification (multiple) of official documents against Maria posses and carry firearm within the territorial jurisdiction of the barangay (Sec. 88(3), B.P. 337).
Lupo, who committed said transgression in her capacity as Chief of Personnel if Telecom, He may not be therefore prosecuted for illegal possession of firearms.
Region V. the telecom investigator conducted an informal fact-finding inquiry. He came out with
a memorandum recommending that Lupo be sternly warned and that a repeat of such offense 2. The Barangay Assembly
will merit her graver penalties. There shall be a barangay assembly composed of all person who are actual residents
The Secretary of the Department of Transportation and Communication however, of the barangay for at least 6 months 15 years of age over citizens of the Philippines and duly
examined the memorandum. Based on said memorandum, the secretary filed a resolution registered in the list of barangay assembly members. It shall meet at least twice a year to hear
slipping6 Lupo with 1 year suspension and suspending her from promotion for a period of 1 and discuss a semestral report of the SB concerning its activities and finances as well as
year. problems affecting the barangay.
Lupo appealed to the CSC. The CSC thru its Merit System Board ordered the case to
be remanded back to the telecom office for further investigation after which the administrative a) Powers of the barangay assembly. Read Sec. 398, R.A 7160
action board (AAB) was to hear the merits of the case thru a trial.
The AAB however proceeded with the trial of the case without waiting for the 3. Katarungang Pambarangay
investigation to commence. a) Lupong Tagapamayapa. There is here by created in each barangay a LT
Lupo now complains she was not accorded procedural due process because no composed of the PB as chairman and 10 to 20 members. The lupon shall be constituted every 3
formal charge has been filed against her and that the investigation conducted by the telecom years.
investigation was not a formal investigation but a mere fact-fact finding inquiry. 1) Powers of the Lupon (i) exercise administrative supervision
over the conciliation panels; (ii) meet regularly once a month to provide a forum for exchange of
Held: Lupo is correct. Complaints against employees belonging to the CSC system is ideas among its members and the members to share with one another their observations and
governed by PD 807 says that a formal complaint that should first be filed after which the experiences in effecting speedy resolution of disputes and; (iii) exercise such other powers and
respondent must be given the option to submit her self to a formal investigation if her answer to perform such other duties as may be prescribed by law or ordinance.
the complaint is found to be unsatisfactory. Here, not only was Lupo is given a chance to submit b) Pangkat ng Tagapagkasundo. There shall constituted for each, dispute
her self to a formal investigation, the DOTC secretary immediately slapped her with a 1 year brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo,
suspension based only a mere informal inquiry. Also, the AAB started hearing her case without consisting 3 members who shall be chosen by the parties to the dispute from the list of members
the benefit of a formal investigation. of the lupon. Should the parties fail to agree on the pangkat membership, the same shall be
The cardinal primary rights of due to process in administrative hearings must always determined by lots drawn by the lupon chairman.
be observed. Lupo must not be denied her right to a formal and full blown administrative c) Subject matter of amicable settlement; procedure, conciliation, arbitration,
proceeding. effects of settlement and arbitration award.
Held: No, Uy managed to seasonably file her motion to dismiss based upon a valid B. League of Municipalities. Organized for the primary purpose of ventilating, articulating and
ground. She cannot therefore be said to have waived her right to avail of the KB to resolve their crystallizing issues affecting municipal government administration, and securing, thru proper and
dispute. legal means, solutions thereto. Read Sec. 496-498
*Article 181. Local special bodies. There shall be organized in the LGU concerned the following c. 1) LOI 1462, May 31, 1985
local special bodies (every LGU, from the province down, shall have this local special bodies the Eh?
PLEB however shall be governed by RA 6975)
(a) Local Development Council d) Local Health Board (sec. 102, LGC) – Creation and Composition. (The LHB do the
(b) Local Prequalification, Bids and Awards Committee following: 1) Consistent with DOH rules, propose to sanggunian concerned; 2) serve as advisory
(c) Local Scholl Boards committee to sanggunian on local appropriations for public health purposes; 3) consistent with
(d) Local Health Board
DOH standards, create committees which shall advise local health agencies on matters such as jueteng operations in Baguio. The policemen claim that Supt. Dugayen, their Station
personnel selection and promotion, etc. Commander, twice castigated them for conducting said raids and ordered the release of the
d. 1) sec. 21, EO292 cash and paraphernalia seized, as well as persona accosted, as a consequence of the raids.
- Entitled “INSTITUTING THE “ADMINISTRATIVE CODE OF 1987” In the second complaint, the respondent policemen contend that Supt. July
-Sec. 21, Chapter 5, Sec. IX on Health basically states that DOH shall Cordoviz was guilty of grave threats against them in connection with the issue regarding the first
review and for the establishment, operation and maintenance of health case, although Supt. Cordoviz was not under the command of Supt. Fianza.
agencies funded by local governments. Fianza contended, through counsel that cases of this nature are not within the
competence and jurisdiction of public respondent PLEB since it involves an internal
e) Local Peace and Order Councils (Section 116, LGC) – Basically, the local peace organizational matter of the PNP.
and order councils will have the same composition and functions as prescribed in EO 309. The respondent policemen answered, however, that although they are policemen,
EO09, on the other hand is entitled “REORGANIZING THE PEACE AND ORDER COUNCIL” they do not cease to become citizens of the Philippines despite the uniform they wear. The
- Sec. 2. Responsibility of the National Peace and Order Council. The peace and PLEB ruled that they have jurisdiction over the case. The National Police Commission affirmed
Order Council the national level shall be responsible for the following functions: the PLEB’s stand. Are the PLEB and NAPOLCOM correct?
a) To prepare and recommended for the approval of the President,
proposals, measures, thrusts and strategies that would effectively respond to Held: No. First, the complaint is not a citizen’s complaint because, as defined
peace and order problems. under the PLEB rules, a citizen’s complaint is one filed by a private citizen against a member of
b) To coordinate and monitor peace and order plans, projects and the PNP for the redress of injury, damage or disturbance cause by the latter’s illegal or irregular
operation of Civilian Volunteer Self-Defense Organizations such as other acts. Statutory construction will tell you that words of a statute are to be given their plain, literal
counter-insurgency programs and activities. meaning. While the policemen are indeed citizens, that cannot be certainly be said to be private
c) To perform such other duties and functions as the President may citizens in their ordinary meaning.
direct. Second, nowhere in the PNP’s enabling act does it grant the PLEB jurisdiction to try
any of the PNP’s members.
- Sec. 3. Duties and Functions of Sub-National Councils. The Regional, Provincial Lastly, internal disciplinary matters within the PNP are best solved by the members
and City/Municipal Peace and Order Council shall have the following duties and functions: of the PNP themselves as they are the best position to understand the standard of conduct
a) Formulate plans and recommended such measures which will improve within its organization. It is doubtful that a civilian body can better police the ranks of policemen.
or enhance peace and order and public safety in their respective areas of
responsibility.
b) To monitor the implementation of peace and order programs projects
at the provincial, city or municipal levels and the operation of Civilian Volunteer
Self-Defense Organizations and such as other counter-insurgency programs and
activities.
c) Make periodic assessments of the prevailing peace and order situation
in their respective areas of responsibility and submit a report thereon with
recommendations to the Chairman of the National Peace and Order Council.
d) Perform all other functions assigned by law, the President, or the
National Peace and Order Council.