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PART XII LOCAL GOVERNMENT


Local Autonomy
- From greek word, autonomos – to live under one’s own laws
- State of independence and self-government
- Shift of government from national to thousands of LGUs

- LGUs are agents of the national government with delegated


administrative powers to make governance more directly
responsive and effective.
- Local autonomy is not self-executing

Cases
San Juan vs CSC
Facts:
- petitioner Governor of the Province of Rizal, prays for the
- Principle of local autonomy is decentralization nullification of Resolution No. 89-868 of the Civil Service
- Decentralization – LGUs are given more powers, authority, Commission (CSC) which approved appointment of Ms. Cecilia
responsibilities and resources by the national government Almajose as Provincial Budget Officer of Rizal
- Kinds of autonomy - Petitioner informed Director Reynaldo Abella of the Department
of Budget and Management (DBM) Region IV that Ms. Dalisay
Santos assumed office as Acting PBO, requested for her
nomination to the contested position. However, Santos does not
meet the minimum requirements under Local Budget Circular
No. 31 for the position of a local budget officer. Nominated
others.
- petitioner wrote public respondent CSC protesting against the
appointment of the private respondent
Contention of Petitioner:
- that Cabuquit as DBM Undersecretary is not legally authorized to
appoint the PBO; that the private respondent lacks the required
three years work experience as provided in Local Budget Circular
No. 31; and that under Executive Order No. 112, it is the

- Sources of funds
1. Right to create and broaden its own source of revenue
2. Right to be allocated a just share in national taxes (IRA)
3. Right to be given its equitable share in the proceeds of utilization
and development of national wealth

Article X – Local Government

SECTION 1. The territorial and political subdivisions of the Republic


of the Philippines are the provinces, cities, municipalities, and
barangays. There shall be autonomous regions in Muslim Mindanao
and the Cordilleras as hereinafter provided
- Political Subdivisions
1. Province Provincial Governor, not the Regional Director or a Congressman,
2. Cities who has the power to recommend nominees for the position of
3. Municipalities PBO.
4. Barangays - He states that the phrase "upon recommendation of the local
5. 2 autonomous regions for muslim Mindanao and Cordillera chief executive concerned" must be given mandatory application
- Section 1 is mandatory and exclusive list. No law can add/abrogate, in consonance with the state policy of local autonomy as
only through constitutional amendment guaranteed by the 1987 Constitution under Art. II, Sec. 25 and
- Nature of LGU Art. X, Sec. 2 thereof and such is part and parcel of the appointing
1. Constituted by law process.
2. Possessed of substantial control over its own affairs Issue:
3. More power, authority, responsibilities and resources W/N private respondent is lawfully entitled to discharge the functions
of PBO of Rizal pursuant to the appointment made by public
SECTION 2. The territorial and political subdivisions shall enjoy local respondent DBM's Undersecretary upon the recommendation of
autonomy then Director Abella of DBM Region IV.
- Local autonomy means a more responsive and accountable local Ruling:
government structure instituted through system of - Petition was granted.
decentralization. - Where a law is capable of two interpretations, one in favor of
- Decentralization vs federalism centralized power in Malacañang and the other beneficial to
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local autonomy, the scales must be weighed in favor of programs, and projects proposed by local government
autonomy. offices/agencies within the region, public corporations, and
- The President shall have control of all the executive private persons or enterprises where such plans, programs
departments, bureaus, or offices, exercise general supervision and/or projects are related to those of the LLDA for the
over all local governments as may be provided by law, and take development of the region
care that the laws be faithfully executed. (Sec. 11, Article VII, - While it is a fundamental rule that an administrative agency has
1935 Constitution) the Constitution clearly limited the executive only such powers as are expressly granted to it by law, it is
power over local governments to "general supervision . . . as may likewise a settled rule that an administrative agency has also such
be provided by law." The President controls the executive powers as are necessarily implied in the exercise of its express
departments. He has no such power over local governments. He powers. 26 In the exercise, therefore, of its express powers
has only supervision and that supervision is both general and under its charter as a regulatory and quasi-judicial body with
circumscribed by statute. respect to pollution cases in the Laguna Lake region, the
- Supervision goes no further than "overseeing or the power or authority of the LLDA to issue a "cease and desist order" is,
authority of an officer to see that subordinate officers perform perforce, implied
their duties. If the latter fail or neglect to fulfill them the former
may take such action or step as prescribed by law to make them Magtajas vs Pryce Properties
perform their duties." Facts:
- The DBM may appoint only from the list of qualified - PAGCOR decided to expand its operations to Cagayan de Oro
recommendees nominated by the Governor. If none is qualified, City, leased a portion of a building belonging to Pryce Properties
he must return the list of nominees to the Governor explaining Corporation, Inc., one of the herein private respondents,
why no one meets the legal requirements and ask for new renovated and equipped the same, and prepared to inaugurate
recommendees who have the necessary eligibilities and its casino there during the Christmas season. The same was
qualifications. denounced by civic organizations.
- The President makes the appointments from the list of nominees - Pryce and PAGCOR assailed the ordinances prohibiting casinos
submitted to her by the Council. She cannot apply the DBM before the Court of Appeals which was upheld by the Court of
procedure, reject all the Council nominees, and appoint another Appeals declared the ordinances invalid.
person whom she feels is better qualified. There can be no - Cagayan de Oro City and its mayor file petition to review CA’s
reservation of the right to fill up a position with a person of the ruling that Sangguniang Panlungsod of the City of Cagayan de
appointing power's personal choice. Oro does not have the power and authority to prohibit the
establishment and operation of a PAGCOR gambling casino
Laguna Lake vs CA within the City's territorial limits and questioned Ordinances are
Facts: discriminatory to casino and partial to cockfighting and are
- Task Force Camarin filed a letter-complaint 2 with the Laguna therefore invalid on that point. That the limit is only for illegal
Lake Development Authority seeking to stop the operation of the gambling.
8.6-hectare open garbage dumpsite in Tala Estate, Barangay Contention of petitioners:
Camarin, Caloocan City due to its harmful effects on the health - Sangguniang Panlungsod, as the legislative body of the city, shall
of the residents and the possibility of pollution of the water enact ordinances, approve resolutions and appropriate funds for
content of the surrounding area. the general welfare of the city and its inhabitants The legislative
- LLDA issued a Cease and Desist Order 8 ordering the City power conferred upon local government units may be exercised
Government of Caloocan, Metropolitan Manila Authority, their over all kinds of gambling and not only over "illegal gambling"
contractors, and other entities, to completely halt, stop and Ruling:
desist from dumping any form or kind of garbage and other - Petition was denied.
waste matter at the Camarin dumpsite. It was stopped but was - There is nothing in the Constitution categorically proscribing or
later resumed. penalizing gambling or, for that matter, even mentioning it at all.
- LLDA issued again another desist order. City government filed It is left to Congress to deal with the activity as it sees fit. In the
with RTC petition to nullify the order of LLDA. Court favored the exercise of its own discretion, the legislature may prohibit
City Government. CA upheld that LLDA has no jurisdiction and gambling altogether or allow it without limitation or it may
that RTC also has no jurisdiction on the case. prohibit some forms of gambling and allow others for whatever
Contention of City Government: reasons it may consider sufficient and Court has no authority to
- City Government of Caloocan sought to be declared as the sole review, much less reverse
authority empowered to promote the health and safety and - tests of a valid ordinance:
enhance the right of the people in Caloocan City to a balanced 1) It must not contravene the constitution or any statute.
ecology within its territorial jurisdiction 2) It must not be unfair or oppressive.
Contention of Petitioner: 3) It must not be partial or discriminatory.
- as an administrative agency which was granted regulatory and 4) It must not prohibit but may regulate trade.
adjudicatory powers and functions to institute the necessary 5) It must be general and consistent with public policy.
legal proceeding by Republic Act No. 4850 and its amendatory 6) It must not be unreasonable.
laws, Presidential Decree No. 813 and Executive Order No. 927, - Local government units are authorized to prevent or suppress,
series of 1983, it is invested with the power and authority to issue among others, "gambling and other prohibited games of
a cease and desist order chance." Obviously, this provision excludes games of chance
Issue: which are not prohibited but are in fact permitted by law. It
which agency can lawfully exercise jurisdiction over the matter refers only to illegal gambling.
Ruling: - Municipal governments are only agents/tenants of the national
- As a general rule, the adjudication of pollution cases generally government. Local councils exercise only delegated legislative
pertains to the Pollution Adjudication Board (PAB), except in powers conferred on them by Congress as the national
cases where the special law provides for another forum. LLDA, by lawmaking body. The delegate cannot be superior to the
virtue of its special charter, obviously has the responsibility to principal or exercise powers higher than those of the latter. Local
protect the inhabitants of the Laguna Lake region from the government units cannot undo the acts of Congress, from which
deleterious effects of pollutants emanating from the discharge they have derived their power in the first place, and negate by
of wastes from the surrounding areas. In carrying out the mere ordinance the mandate of the statute.
aforementioned declared policy, the LLDA is mandated, among - Municipal corporations owe their origin to, and derive their
others, to pass upon and approve or disapprove all plans, powers and rights wholly from the legislature. It breathes into
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them the breath of life, without which they cannot exist. As it of whatever kind or nature. A tax on business is distinct from a
creates, so it may destroy. As it may destroy, it may abridge and tax on the article itself.
control. - The exercise by local governments of the power to tax is
- Congress retains control of the local government units although ordained by the present Constitution. To allow the continuous
in significantly reduced degree now than under our previous effectivity of the prohibition set forth in PC No. 26-73 (1) would
Constitutions. be tantamount to restricting their power to tax by mere
- The proper resolution of the problem at hand is to hold that administrative issuances. Under Section 5, Article X of the 1987
under the Local Government Code, local government units may Constitution, only guidelines and limitations that may be
(and indeed must) prevent and suppress all kinds of gambling established by Congress can define and limit such power of local
within their territories except only those allowed by statutes like governments. Each local government unit shall have the power
P.D. 1869 which was not modified by Local Government Code to create its own sources of revenues and to levy taxes, fees, and
charges subject to such guidelines and limitations as the
Phil Petroleum vs Municipality of Pililla Congress may provide, consistent with the basic policy of local
Facts: autonomy.
- Petition seeking to annul and set aside decision of RTC upholding
the legality of the taxes, fees and charges being imposed in Pililla Dadole vs COA
under Municipal Tax Ordinance No. 1 and directing the herein Facts:
petitioner, manufacturing lubricated oil basestock petroleum  To annul the decision and resolution to diminished the
products, to pay the amount of said taxes, fees and charges due monthly additional allowances received by the petitioner
the respondent judges of the Regional Trial Court (RTC) and Municipal Trial
- Under PD 231 Local Tax Code was issued which provides that the Court (MTC) stationed in Mandaue City.
municipality may impose taxes on business, except on those for  RTC and MTC judges of Mandaue City monthly allowances of
which fixed taxes P1,260, increased to P1,500 for each judge.
- Secretary of Finance issued Provincial Circular No. 26-73 and  Department of Budget and Management (DBM) issued Local
Provincial Circular No. 26 A-73 to refrain from collecting any local Budget Circular No. 55 (LBC 55) which provided that
tax imposed in old or new tax ordinances in the business of allowances shall not exceed 1,000 in pursuant to RA 7160
manufacturing, wholesaling, retailing, or dealing in petroleum  Acting on the DBM directive, the Mandaue City Auditor
products subject to the specific tax under the National Internal issued notices of disallowance to herein petitioners to
Revenue Code reimburse the amount they received in excess of P1,000
- Municipality of Pililla, Rizal, through Municipal Council from April to September, 1994.
Resolution No. 25, S-1974 enacted Municipal Tax Ordinance No.  AO 42 issued by the President clarifying the role of DBM
1, S-1974 otherwise known as "The Pililla Tax Code of 1974 under RA 7160 and RA 6758 that is to provide guidelines on
imposing tax on business, except for those for which fixed taxes the classification of local government positions and on the
are provided in the Local Tax Code specific rates of pay and to provide criteria and guidelines
- P.D. 1158 otherwise known as the National Internal Revenue for the grant of all allowances and additional forms of
Code of 1977 was enacted, Section 153 of which specifically compensation to local government employees
imposes specific tax on refined and manufactured mineral oils Issues:
and motor fuels. 1. Whether LBC 55 of the DBM is void for going beyond the
- Respondent filed a complaint against PPC for the collection of the supervisory powers of the President and for not having been
business tax. The court ruled in favor of Pillilla published
Contention of PPC: 2. Whether the yearly appropriation ordinance enacted by the
- Provincial Circular No. 2673 declared as contrary to national City of Mandaue that provides for additional allowances to
economic policy the imposition of local taxes on the manufacture judges contravenes the annual appropriation laws enacted
of petroleum products as they are already subject to specific tax by Congress.
under the National Internal Revenue Code, P.D. 436 prohibits the Rulings:
imposition of local taxes on petroleum products, Circulars (PC)  Decision and resolution of the Commission on Audit were
26-73 and 26 A-73 are still effective, hence, unless and until set aside.
revoked, any effort on the part of the respondent to collect the  Issue 1 - LBC 55 is null and void
suspended tax on business from the petitioner would be illegal o Supervision- power or authority of an officer to see that
and unauthorized subordinate officers perform their duties. If duties are
Issue: neglected, may take such action or step as prescribed
W/N petitioner PPC whose oil products are subject to specific tax by law to make them perform their duties while Control
under the NIRC, is still liable to pay (a) tax on business and (b) storage - the power of an officer to alter or modify or nullify or
fees, considering Provincial Circular No. 6-77; and mayor's permit and set aside what a subordinate officer has done in the
sanitary inspection fee unto the respondent Municipality of Pililla, performance of his duties and to substitute the
Rizal, based on Municipal Ordinance No. 1. judgment of the former for that of the latter.
Ruling: o Sec. 4. Art 10, The President of the Philippines shall
- P.D. No. 426 amending the Local Tax Code is deemed to have exercise general supervision over local governments
repealed Provincial Circular Nos. 26-73 and 26 A-73 issued by the (elected by people, hence supervision) and exclude the
Secretary of Finance when Sections 19 and 19 (a), were carried power of control over executive officials (appointed and
over into P.D. No. 426 and no exemptions were given to alter egos of the president, hence control).
manufacturers, wholesalers, retailers, or dealers in petroleum o Chief Executive wielded no more authority than that of
products. checking whether local governments or their officials
- Well-settled is the rule that administrative regulations must be were performing their duties as provided by the
in harmony with the provisions of the law. In case of discrepancy fundamental law and by statutes. He cannot interfere
between the basic law and an implementing rule or regulation, with local governments, so long as they act within the
the former prevails scope of their authority. He cannot lay down own rules
- While Section 2 of P.D. 436 prohibits the imposition of local taxes to execute orders. "Supervisory power, when
on petroleum products, said decree did not amend Sections 19 contrasted with control, is the power of mere oversight
and 19 (a) of P.D. 231 as amended by P.D. 426, wherein the over an inferior body; it does not include any restraining
municipality is granted the right to levy taxes on business of authority over such body
manufacturers, importers, producers of any article of commerce
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o RA 7160 allows the grant of additional allowances to investment incentives and the like. There is no express extension
judges "when the finances of the city government of the aforesaid benefits to other SEZs still to be created at the
allow." And no limit as to the amount provided. Hence, time via presidential proclamation.
The DBM over-stepped its power of supervision over - The delineation and declaration of a portion of the area covered
local government units by imposing a prohibition that by Camp John Hay as a SEZ was well within the powers of the
did not correspond with the law it sought to implement. President to do so by means of a proclamation. With such broad
o LBC 55 was not published. Hence, void since such is not rights of ownership and administration vested in BCDA over
an admin interpretation but more than that as it affects Camp John Hay, BCDA virtually has control over it, subject to
government employees rights. Post publication does certain limitations provided for by law. By designating BCDA as
not cure its invalidity. the governing agency of the John Hay SEZ, the law merely
 Issue 2 emphasizes or reiterates the statutory role or functions it has
o Respondent COA failed to prove that Mandaue City been granted.
used the IRA to spend for the additional allowances of
the judges. There was no evidence submitted by COA Leynes vs COA
showing the breakdown of the expenses of the city Facts:
government and the funds used for said expenses. - Petition seeking to reverse and set aside the decision of the
Hence cannot prove that GAA is violated. Commission on Audit (COA), affirming the resolution of COA
o DBM did not follow the appropriate procedure for Regional Director Gregoria S. Ong which in turn affirmed the
reviewing the subject ordinance of Mandaue City and opinion dated October 19, 1993 of the Provincial Auditor of
allowed the 90-day period to lapse, it can no longer Oriental Mindoro, Salvacion M. Dalisay. All three denied the
question the legality of the provisions in the said grant of P1,600 monthly allowance to petitioner Judge Tomas C.
ordinance granting additional allowances to judges Leynes, RTC judge of Calapan.
stationed in the said city. - Sangguniang Bayan unanimously approved Resolution No. 101
increasing petitioner judge’s monthly allowance from P944 to
John Hay vs Lim P1,600
Facts: - Provincial Auditor Salvacion M. Dalisay sent a letter to the
- Constitutionality of Presidential Proclamation No. 420, Series of Municipal Mayor and the Sangguniang Bayan of Naujan
1994, “CREATING AND DESIGNATING A PORTION OF THE AREA directing them to stop the payment of the P1,600 monthly
COVERED BY THE FORMER CAMP JOHN [HAY] AS THE JOHN HAY allowance or RATA to petitioner judge and to require the
SPECIAL ECONOMIC ZONE PURSUANT TO REPUBLIC ACT NO. immediate refund of the amounts previously paid to the latter.
7227 This is under LBC 55 which sets maximum amount of allowances
- BCDA entered into a Memorandum of Agreement and Escrow to judges not to exceed 1k/700.
Agreement with private respondents which would lease areas - Generally, the grant of (RATA) [sic] to qualified national
within Camp John Hay and Poro Point for the purpose of turning government officials and employees pursuant to Section 36 of
such places into principal tourist and recreation spots, as R.A. 7645 [General Appropriations Act of 1993] and NCC No. 67
originally envisioned by the parties under their Memorandum of dated 01 January 1992 is subject to the following conditions that
Agreement. it is prescribed in GAA, from savings, not allowed to collect from
- the sanggunian sought from BCDA an abdication, waiver or one source. However, LGC provides municipal government may
quitclaim of its ownership over the home lots being occupied by provide additional allowances and other benefits to judges and
residents of nine (9) barangays surrounding the military other national government officials or employees assigned or
reservation. stationed in the municipality,
- President Ramos issued Proclamation No. 420 create and Contention of COA:
designate a portion of the area covered by the former John Hay - Municipality of Naujan could not grant RATA to petitioner judge
reservation as embraced, covered, and defined by the 1947 in addition to the RATA the latter was already receiving from the
Military Bases Agreement between the Philippines and the Supreme Court.
United States of America, as amended, as the John Hay Special - DBM which prohibits local government units from granting
Economic Zone allowances to national government officials or employees
Contention of Petitioners: stationed in their localities when such allowances are also
- Tax exemptions is invalid as such is under the power of congress, granted by the national government or are similar to the
- there is no authority of the President to subject the John Hay SEZ allowances granted by the national government to such officials
to the governance of BCDA which has just oversight functions or employees.
over SEZ; and that to do so is to diminish the city government’s Contention of Judge:
power over an area within its jurisdiction, hence, Proclamation - Municipality is expressly and unequivocally empowered by RA
No. 420 unlawfully gives the President power of control over the 7160 (the Local Government Code of 1991) to enact
local government instead of just mere supervision appropriation ordinances granting allowances and other benefits
Contention of respondents: to judges stationed in its territory.
- moot and academic the issues raised by the petition, the Issue:
questioned Memorandum of Agreement and Joint Venture W/N Municipality of Naujan, Oriental Mindoro can validly provide
Agreement having already been deemed abandoned by the RATA to its Municipal Judge, in addition to that provided by the
inaction Supreme Court
- by extending to the John Hay SEZ economic incentives similar to Ruling:
those enjoyed by the Subic SEZ which was established under R.A. - Petition was granted.
No. 7227, the proclamation is merely implementing the - RA 7160, the Local Government Code of 1991, clearly provides
legislative intent of said law to turn the US military bases into that provincial, city and municipal governments may grant
hubs of business activity or investment. They underscore the allowances to judges as long as their finances allow. Section 3,
point that the government’s policy of bases conversion can not paragraph (e) of LBC No. 53, by outrightly prohibiting LGUs from
be achieved without extending the same tax exemptions granted granting allowances to judges whenever such allowances are (1)
by R.A. No. 7227 to Subic SEZ to other SEZs. also granted by the national government or (2) similar to the
Ruling: allowances granted by the national government, violates Section
- Partly valid. 447(a)(l)(xi) of the Local Government Code of 1991.[29] As
- It is clear that under Section 12 of R.A. No. 7227 it is only the already stated, a circular must conform to the law it seeks to
Subic SEZ which was granted by Congress with tax exemption, implement and should not modify or amend it
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- in Circular No. 91-7, the national government merely provides - There is no law specifically authorizing the LGUs to grant
the guidelines for the continued receipt of allowances by franchises to operate CATV system.
judges from LGUs while in LBC No. 55, the national government - When the State declared a policy of deregulation, the LGUs are
merely tries to limit the amount of allowances LGUs may grant bound to follow. To rule otherwise is to render the State’s policy
to judges ineffective. Being mere creatures of the State, LGUs cannot
- in the recent case of Dadole, et al. vs. COA, the Court upheld the defeat national policies through enactments of contrary
constitutionally enshrined autonomy of LGUs to grant measures. Verily, in the case at bar, petitioner may increase its
allowances to judges in any amount deemed appropriate, subscriber rates without respondents’ approval.
depending on availability of funds, in accordance with the Local Section 3 of E.O. No. 436, "only persons, associations, partnerships,
Government Code of 1991. corporations or cooperatives granted a Provisional Authority or
- NCC No. 67, being a mere administrative circular, cannot repeal Certificate of Authority by the NTC may install, operate and maintain
a substantive law like RA 7160. a cable television system or render cable television service within a
- ordinance must be presumed valid in the absence of evidence service area." It is clear that in the absence of constitutional or
showing that it is not in accordance with the law.[35] Respondent legislative authorization, municipalities have no power to grant
COA had the burden of proving that Resolution No. 101 of the franchises
Sangguniang Bayan of Naujan did not comply with the condition
provided in Section 447 of the Code, the budgetary requirements SECTION 3. The Congress shall enact a local government code which
and general limitations on the use of municipal funds provided in shall provide for a more responsive and accountable local
Sections 324 and 325 of the Code and the implementing government structure instituted through a system of
guidelines issued by the DBM decentralization with effective mechanisms of recall, initiative, and
- Under Section 327 of the Local Government Code of 1991, the referendum, allocate among the different local government units
Sangguniang Panlalawigan was specifically tasked to review the their powers, responsibilities, and resources, and provide for the
appropriation ordinances of its component municipalities to qualifications, election, appointment and removal, term, salaries,
ensure compliance with Sections 324 and 325 of the Code. powers and functions and duties of local officials, and all other
Considering said duty of the Sangguniang Panlalawigan, we will matters relating to the organization and operation of the local units
assume, in the absence of proof to the contrary, that the - Scope of LC
Sangguniang Panlalawigan of Oriental Mindoro performed what 1. responsive and accountable local government structure
the law required it to do 2. effective mechanisms of recall, initiative, and referendum
3. allocation among the different local government units their
Batangas CATV vs CA powers, responsibilities, and resources
Facts: 4. qualifications, election, appointment and removal, term,
- Petition for review filed by Batangas CATV, Inc. (petitioner salaries, powers and functions and duties of local officials
herein) against the Sangguniang Panlungsod and the Mayor of 5. all other matters relating to the organization and operation of
Batangas City (respondents herein) assailing the Court of Appeals the local units
which reversed and set aside the Judgment of RTC holding that
neither of the respondents has the power to fix the subscriber Cases
rates of CATV operators, such being outside the scope of the Sanchez vs Comelec
LGU’s power Facts:
- Sangguniang Panlungsod enacted Resolution No. 2107 granting - Petition seeking to enjoin respondent Comelec ) and the Election
petitioner a permit to construct, install, and operate a CATV Registrar of Butuan City, from implementing Minute Resolution
system in Batangas City provided, however, that any increase of No. 90-0590 directing the holding of recall proceedings against
rates shall be subject to the approval of the Sangguniang petitioners.
Panlungsod. - private respondents Emmanuel R. Balanon, a defeated mayoral
- RTC decided in favor of BCATV and held that enactment of candidate, and Manuel D. Cañete filed separate notices of recall
Resolution No. 210 by respondent violates the State’s against petitioners, Guillermo R. Sanchez and Carlito T. Tan,
deregulation policy as set forth by then NTC Commissioner Jose incumbent city mayor and vice-mayor, respectively, of Butuan
Luis A. Alcuaz in his Memorandum dated August 25, 1989. Also, City, before the City Election Registrar
it pointed out that the sole agency of the government which can - City Election Registrar Pizarro approved the schedule of signing
regulate CATV operation is the NTC, and that the LGUs cannot with designated five (5) signing centers, Mon-Fri as provided by
exercise regulatory power over it without appropriate RN 1612
legislation. CA reversed the decision. - private respondents filed a proposal seeking to increase the
- MC 4-08-88 deregulated the service rates of CATV number of signing centers from the original five (5) to sixteen
Contention of BCATV: (16) and the signing days to include Saturdays and Sundays.
- National Telecommunications Commission (NTC) has the sole Petitioners filed their opposition as there was no ground for the
authority to regulate the CATV operation in the Philippines. the amendment
Local Government Code of 1991, extends to the LGUs the general - COMELEC issued Minute Resolution No. 90-0254 (suspending the
power to perform any act that will benefit their constituents, recall) and No. 2272, (rules and regulations)
nonetheless, it does not authorize them to regulate the CATV - Issued Resolution No. 90-0590 (Annex "0-2" of the petition)
operation. declaring as null and void the signing process conducted under
Contention of CA: Resolution No. 1612, said resolution having been superseded by
- CA however reversed the ruling on the ground that National Resolution No. 2272 and setting the date for the signing process
Telecommunications Commission pursuant to Executive Order on August 11, 18 and 25 1990
No. 205, this does not preclude the Sangguniang Panlungsod - Petitioners, alleging Comelec has no jurisdiction, filed in Court
from regulating the operation of the CATV in their locality under which ruled to temporarily restrain respondents from the recall
the powers vested upon it by Batas Pambansa Bilang 337, Contention of Petitioner:
otherwise known as the Local Government Code of 1983. Section - Resolution No. 2272 is unconstitutional there being no legislative
177 enactment yet on mechanism of recall as mandated under Sec.
- the Local Government Code of 1983, which authorizes LGUs to 3, Art. X of the Constitution
regulate businesses. The term "businesses" necessarily includes Ruling:
the CATV industry. - Petition was granted
Ruling: - Sec. 3, Art. X of the Constitution merely provides that the local
- Decision was reversed and RTC decision was upheld. government code to be enacted by Congress shall be "more
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responsive" than the one existing at present. Until such time that of their sovereign power and in the absence of constitutional
a more responsive and effective local government code is restraint; the power is implied in all governmental operations.
enacted, the present code shall remain in full force and effect. - As a response to Section 3 of its Article X which mandated
Thus, under Sec. 3, Art. XVIII, "(a)ll existing laws, decrees, Congress to enact LGC which shall provide effective mechanism
executive orders, proclamations, letters of instructions and other for recall, Congress enacted R.A. 7160, LGC of 1991.
executive issuances not inconsistent with this Constitution shall - 2 principal reasons for adopting recall process thru an assembly:
remain operative until amended, repealed, or revoked." 1. to diminish the difficulty of initiating recall thru the direct
- Respondent COMELEC's promulgation of Resolution No. 2272 is action of the people;
therefore valid and constitutional under Sec 59 of BP 337 which 2. to cut down on its expenses.
provides that Commission on Elections shall conduct and - The Constitution did not provide for any mode, let alone a single
supervise the process of and election on recall in the manner and mode, of initiating recall elections. 19 Neither did it prohibit the
time herein provided and, in pursuance thereof, promulgate the adoption of multiple modes of initiating recall elections. What
necessary rules and regulations. was mandated is only to enact and Congress was clearly given
- Respondent Comelec issued RN 2272 and took effect on June 2 the power to choose the effective mechanisms of recall as its
while first notice of recall was filed on February 5. Hence violative discernment dictates.
of applicability of laws. - Initiation by the PRAC is also initiation by the people, albeit done
- RN 2272 provides that approval must be made by Comelec. In RN indirectly through their representatives which is not prohibited
1612, by City Election Registrar. Even Comelec declare the in our constitution. PRA resolution of recall merely, starts the
signing to recall is void, it proceeds by scheduling under RN 1612. process. It is part of the process but is not the whole process. The
In effect, 1 recall to be governed by 2 resolutions. Recall pursuant proposal will still be passed upon by the sovereign electorate.
to 1612 must be continued under the schedule originally - Its membership is not apportioned to political parties
approved by the city election registrar from the time of - The members of the PRAC are in the PRAC not in representation
suspension since Resolution No. 2272 has no retroactive effect of their political parties but as representatives of the people. By
necessary implication, loss of confidence cannot be premised on
Garcia vs Comelec mere differences in political party affiliation.
Facts: - The mere possibility of abuse cannot, however, infirm per se the
- Mayors, vice-mayors and members of the Sangguniang Bayan of grant of power to an individual or entity. To deny power simply
the twelve (12) municipalities constituted themselves into a because it can be abused by the grantee is to render government
Preparatory Recall Assembly to initiate the recall election of powerless and no people need an impotent government
Petitioner Enrique T. Garcia, elected governor of Bataan due to - initiation of the recall process by a preparatory recall assembly:
loss of confidence. (Assailing constitutionality of RA 7160) 1. notice to all the members of the recall assembly is a
- The motion was "unanimously seconded under Resolution 1. 146 condition sine qua non
names appeared in the resolution, 74 out of the (80) carried the 2. qualified majority of all the preparatory recall assembly
genuine signatures of the members of the PRA. The PRAC of the members to convene in session and in a public place
province had a membership of one hundred forty-four (144) 4 3. recall resolution by the said majority must be adopted
and its majority was seventy-three (73) during its session called for the purpose
- petitioners filed with the respondent COMELEC a petition to - Loss of confidence" as a ground for recall is a political question.
deny due course to said Resolution No. 1 contending that PRAC There is no need for them to bring up any charge of abuse or
failed to comply with the "substantive and procedural corruption against the local elective officials who are the subject
requirement" laid down in Section 70 of R.A. 7160 (LGC of 1991) of any recall petition
- COMELEC dismissed the petition, scheduling the recall on
October 11. Petitioner filed petition to annul the resolution. Belgica vs Executive Secretary (Pork Barrel Case)
- Respondent again sent notice to convene the session, the Facts:
petitioner filed the supplemental petition. - petitioner Samson S. Alcantara (Alcantara), President of the
Contention of petitioner: Social Justice Society, filed a Petition seeking that the "Pork
- Section 70 of R.A. 7160 allowing recall through the initiative of Barrel System" be declared unconstitutional
the PRAC is unconstitutional since the people have the sole and Issue:
exclusive right to decide whether or not to initiate proceedings, Whether or not the 2013 PDAF Article and all other Congressional
elected local public officials from minority was denied of equal Pork Barrel Laws similar thereto are unconstitutional due to violation
protection of law and the passing of Resolution No. I has fatal of local autonomy
defect of no notices of the meeting to sixty-five (65) members of Contention of Petitioners:
the assembly. - Congressional Pork Barrel goes against the constitutional
- the right to recall does not extend merely to the prerogative of principles on local autonomy since it allows district
the electorate to reconfirm or withdraw their confidence on the representatives, who are national officers, to substitute their
official sought to be recalled at a special election. Such judgments in utilizing public funds for local development
prerogative necessarily includes the sole and exclusive right to Contention of legislators:
decide on whether to initiate recall proceedings or not. - “Making equal the unequal”. The relatively small projects
- The initiation of a recall through the PRA effectively shortens and implemented under the Congressional Pork Barrel complement
ends the term of the incumbent local officials. and link the national development goals to the countryside and
Ruling: grassroots as well as to depressed areas which are overlooked by
- Petition was dismissed. central agencies which are preoccupied with mega-projects, to
- The requirement of notice is indispensable in determining the enable the representatives to identify projects for communities
collective wisdom of the members of the Preparatory Recall that the LGU concerned cannot afford.
Assembly. Its non-observance is fatal to the validity of the Ruling:
resolution to recall - The policy of the State as provided by the constitution and LGC is
- Every law enjoys the presumption of validity due to the wisdom, to empower local government units (LGUs) to develop and
integrity, and the patriotism of the legislative, by which the law ultimately, become self-sustaining and effective contributors to
is passed, and the Chief Executive, by whom the law is approved the national economy. The vitalization of local governments will
- Recall (at least 25% of registered voters) is a mode of removal of enable their inhabitants to fully exploit their resources and more
a public officer by the people before the end of his term of office. important, imbue them with a deepened sense of involvement
The people's prerogative to remove a public officer is an incident in public affairs as members of the body politic
7

- PDAF and CDF allocation/division is based solely on the fact of reviewing the said measure was determine if the petitioners
office, without taking into account the specific interests and were performing their functions in accordance with law, which
peculiarities of the district the legislator represents. The was an act not of control but of mere supervision.
allocation/division limits are not based on economic or - An officer in control lays down the rules in the doing of an act. If
geographic indicators; hence, highly-urbanized metropolis gets they are not followed, he may, in his discretion, order the act
the same amount of funding as a district representative of undone or re-done by his subordinate or he may even decide to
underdeveloped province. even Senators and Party-List do it himself. In supervision, if the rules are not observed, he may
Representatives – and in some years, even the Vice-President – order the work done or re-done but only to conform to the
who do not represent any locality, receive funding from the prescribed rules.
Congressional Pork Barrel - Secretary of Justice is permitted to do is ascertain the
- PDAF and CDF had become personal funds given unto them on constitutionality or legality of the tax measure, without the right
the sole account of their office to declare that, in his opinion, it is unjust, excessive, oppressive
- Legislative Controls conflicts with Local Development Councils or confiscatory
(LDCs). LDCs are instrumentalities legally mandated to assist the - Secretary Drilon declared that there were no written notices of
sangunians whose functions are essentially geared towards public hearings. But SC agreed with the trial court that the
managing local affairs,235 their programs, policies and resolutions procedural requirements have indeed been observed. Notices of
should not be overridden nor duplicated by individual legislators, the public hearings were sent to interested parties. The omission
who are national officers that have no law-making authority of posting of the ordinance does not affect its validity.
except only when acting as a body.
- Congressman can simply bypass the local development council
and initiate projects on his own, personality-driven project
identification to "further weakening infrastructure planning and Ganzon vs CA
coordination efforts of the government Facts:
- petitioners are the Mayor of Iloilo City- Ganzon (G.R. Nos. 93252
SECTION 4. The President of the Philippines shall exercise general and 95245) and a member of the Sangguniang Panglunsod
supervision over local governments. Provinces with respect to thereof (G.R. No. 93746) originated from a series of
component cities and municipalities, and cities and municipalities administrative complaints
with respect to component barangays shall ensure that the acts of - Mrs. Cabaluna, a clerk assigned to the City Health pulled her out
their component units are within the scope of their prescribed from rightful office
powers and functions. - Dra. Felicidad Ortigoza, she claims that the petitioner
- Supervision - goes no further than "overseeing or the power or handpicked her to perform task not befitting her position as
authority of an officer to see that subordinate officers perform Assistant City Health Officer, that her office was padlocked
their duties according to law. If the latter fail or neglect to fulfill without any explanation or justification, salary was withheld
them the former may take such action or step as prescribed by law without cause
to make them perform their duties. - Councilor Larry Ong, office keys were taken.
o Power to discipline - Pancho Erbite, a barangay tanod was arrested and detained
o Power to investigate without warrant.
- Control - Lays down the rules in the doing of an act. If they are not - Mayor Ganzon instituted an action for prohibition against the
followed, he may, in his discretion, order the act undone or re-done respondent Secretary of Local Government in RTC which was
by his subordinate or he may even decide to do it himself. granted. Secretary issued another order, preventively
- “Supervision” and “investigation” are not inconsistent terms; suspending Mayor Ganzon. He filed in CA but was dismissed.
“investigation” does not signify “control” Contention of Ganzon:
- Department of Local Government in hearing the ten cases
Cases against him, had denied him due process of law and that the
Drilon vs Lim respondent Secretary had been “biased, prejudicial and hostile”
Facts: towards him arising from his (Mayor Ganzon’s) alleged refusal to
- Secretary of Justice had declared Manila Revenue Code null and join LDP.
void for non-compliance with the prescribed procedure in the - Secretary of Local Government is devoid, in any event, of any
enactment of tax ordinances and for containing certain authority to suspend and remove local officials
provisions contrary to law and public policy. City of Manila filed Issue:
in RTC which revoked the resolution of the secretary and W/N President (acting through the Secretary of Local Government),
declared Section 187 of the LGC as unconstitutional because of has the power to suspend and/or remove local officials.
its vesture in the Secretary of Justice of the power of control over Ruling:
local governments (to review tax ordinances and, inferentially, to - Petition was dismissed.
annul them) in violation of the policy of local autonomy instead - Local autonomy, under the Constitution, involves a mere
of only the power of supervision. decentralization of administration, not of power, in which local
Issue: officials remain accountable to the central government in the
W/N Section 187 of the LGC is unconstitutional manner the law may provide, does not prescribe federalism,
Ruling: - Change in constitutional language (with respect to the
- Decision was reversed. supervision clause) was meant but to deny legislative control
- BP 129 vests in the regional trial courts jurisdiction over all civil over local governments; it did not exempt the latter from
cases in which the subject of the litigation is incapable of legislative regulations provided regulation is consistent with the
pecuniary estimation but are advised to act with the utmost fundamental premise of autonomy.
circumspection, bearing in mind the consequences of a - Since local governments remain accountable to the national
declaration of unconstitutionality upon the stability of laws and authority, the latter may, by law, and in the manner set forth
separation of powers. therein, impose disciplinary action against local officials
- Section 187 authorizes the Secretary of Justice to review only the - “Supervision” and “investigation” are not inconsistent terms;
constitutionality or legality of the tax ordinance and, if “investigation” does not signify “control”
warranted, to revoke it on either or both of these grounds. When - Autonomy is subject to the guiding star, though not control, of
he alters or modifies or sets aside a tax ordinance, he is not also the legislature, albeit the legislative responsibility under the
permitted to substitute his own judgment for the judgment of Constitution and as the “supervision clause” itself suggest-is to
the local government that enacted the measure. All he did in
8

wean local government units from over-dependence on the - Small-Scale Mining Permits were issued in violation of Section 4
central government. of R.A. No. 7076 and beyond the authority of the Provincial
- Local autonomy” is not instantly self-executing, but subject to, Governor pursuant to Section 43 of R.A. No. 7942, because the
among other laws, under the general supervision of the area was never proclaimed to be under the People's Small-Scale
Executive. Mining Program
- Charter allows Congress to include in the local government code Contention of petitioner:
provisions for removal of local officials, which suggest that - Violation of Article X and LGC as the Constitution states that the
Congress may exercise removal powers, and as the existing Local President (and Executive Departments and her alter-egos) has
Government Code has done, delegate its exercise to the the power of supervision only, not control, over acts of the local
President. Court denied the President the power (to government units, and grants the local government units
suspend/remove) it was not because we did not think that the autonomy
President cannot exercise it on account of his limited power, but - Respondent DENR Secretary went beyond mere executive
because the law lodged the power elsewhere. supervision and exercised control when he nullified the small-
- Decentralization of administration - central government scale mining permits granted by the Provincial Governor of
delegates administrative powers to political subdivisions and Bulacan, as the former substituted the judgment of the latter.
make local governments “more responsive and accountable,” Contention of respondent:
and “ensure their fullest development as self-reliant - power to implement the small-scale mining law is expressly
communities. The President exercises “general supervision” over limited which provides that it must be carried out "pursuant to
them, but only to “ensure that local affairs are administered national policies and subject to supervision, control and review
according to law.” of the DENR
- Decentralization of power - involves an abdication of political Ruling:
power in the favor of local governments units declared to be - Petition was dismissed.
autonomous. Autonomous government is free to chart its own - Section 2, Article XII (National Economy and Patrimony) of the
destiny and shape its future with minimum intervention from Constitution provides that "the exploration, development and
central authorities. Power amounts to “self-immolation, utilization of natural resources shall be under the full control and
autonomous government becomes accountable not to the supervision of the State and the Congress may, by law (RA 7076),
central authorities but to its constituency. allow small-scale utilization of natural resources by Filipino
citizens. LGC did not fully devolve the enforcement of the small-
League of Provinces vs DENR scale mining law to the provincial government, as its
Facts: enforcement is subject to the supervision, control and review of
- Petition assailing the constitutionality of Section 17(b)(3)(iii) of the DENR.
(R.A.) No. 7160, LGC, and Section 24 of (R.A.) No. 7076, People's - Local autonomy in the Constitution Art. X, Sec. 2 refers to the
Small-Scale Mining Act of 1991, prohibit and bar respondents administrative autonomy of local government units
from exercising control over provinces, declare as illegal the (decentralization of government authority not power). It does
nullification of permits issued by Provincial Governor of Bulacan not make local governments sovereign within the State.
- Golden Falcon Mineral Exploration Corporation (Golden Falcon) - Administrative autonomy may involve devolution of powers, but
filed with the DENR an Application for Financial and Technical subject to limitations (LGC, national policies mandated by
Assistance Agreement (FTAA) in Norzagaray and San Jose del Congress)
Monte, Bulacan but was denied due to lack of clearances. It - Quasi-judicial function as provided by RA 7076, of the DENR
appeal with the DENR central office, and while on appeal, Secretary can neither be equated with "substitution of
Benedicto S. Cruz, Gerardo R. Cruz and Liberato Sembrano filed judgment" of the Provincial Governor in issuing Small-Scale
with the Provincial Environment and Natural Resources Office Mining Permits nor "control" over the said act of the Provincial
(PENRO) of Bulacan their respective Applications for Quarry Governor as it is a determination of the rights of AMTC over
Permit (AQP), which covered the same area subject of Golden conflicting claims based on the law.
Falcon's Application for FTAA which the central office affirmed - Area is open only to mining location on August 11, 2004, fifteen
the latter and denied Golden Falcon. (15) days after the receipt by Golden Falcon on July 27, 2004.
- Atlantic Mines and Trading Corporation (AMTC) filed with the AQPs were filed on February 10, 2004 when the area is still closed
PENRO of Bulacan an Application for Exploration Permit (AEP) to mining location. Consequently, the SSMPs granted by the
covering the area covered by Golden Falcon's application. PMRB and the Governor are null and void making thereby AEP
- Chairman of the PMRB, believing under mandate of RA 7076, No. III-02-04 of the AMTC valid, it having been filed when the
endorsed to the Provincial Governor of Bulacan, Governor area is already open to other mining applicants.
Josefina M. dela Cruz, the aforesaid Applications for Quarry
Permit that had apparently been converted to Applications for SECTION 5. Each local government unit shall have the power to
Small-Scale Mining Permit of Eduardo D. Mercado, Benedicto S. create its own sources of revenues and to levy taxes, fees, and
Cruz, Gerardo R. Cruz and Lucila S. Valdez (formerly Liberato charges subject to such guidelines and limitations as the Congress
Sembrano). The permits were issued to Benedicto S. Cruz, may provide, consistent with the basic policy of local autonomy.
Gerardo R. Cruz and Liberato Sembrano and not AMTC. Such taxes, fees, and charges shall accrue exclusively to the local
- AMTC appealed to respondent DENR Secretary arguing that governments
Permits fall within the area covered by AMTC's valid prior
Application for Exploration Permit, Small-Scale Mining Permits Cases:
were null and void because they covered areas that were never Manila Electric vs Province of Laguna
declared People's Small-Scale Mining Program sites, Applications Facts:
for Quarry Permit were illegally converted to Applications for - Certain municipalities of the Province of Laguna granted
Small-Scale Mining Permit franchise in favor of petitioner Manila Electric Company
- DENR Secretary rendered a Decision in favor of AMTC. According (“MERALCO”)
to the DENR Secretary, the filing by Golden Falcon of the letter- - Pursuant to RA 7160, province enacted Laguna Provincial
appeal suspended the finality of the Order of denial. Ordinance No. 01-92 imposing Franchise tax (1/2 of 1%) on the
Contention of DENR Secretary: gross annual receipts, which shall include both cash sales and
- Applications for Quarry Permit were filed when the area was still sales on account
closed to mining location; hence, the Small-Scale Mining Permits - Petitioner MERALCO paid the tax, claim for refund was thereafter
granted by the PMRB and the Governor were null and void. sent by MERALCO to the Provincial Treasurer of Laguna,
however, denied.
9

- MERALCO filed with RTC but also dismissed. Government, its agencies and instrumentalities. However, there
Contention of Meralco are exceptions.
- Claiming that the franchise tax pursuant to P.D. 551 already - Nothing prevents Congress from decreeing that even
included the franchise tax imposed by the Provincial Tax instrumentalities or agencies of the government performing
Ordinance and the ordinance contravene with Section 1 of P.D. governmental functions may be subject to tax.
551 (national tax notwithstanding local taxes). - Basco case was decided prior to the effectivity of the LGC
- Contented other cases which were granted exemptions - section 151 in relation to section 137 of the LGC clearly
Ruling: authorizes the respondent city government to impose on the
- Petition was dismissed. petitioner the franchise tax in question
- Local government has no inherent power to tax except those - franchise tax (secondary franchise) is "a tax on the privilege of
delegated by law/statute. The general delegation (not absolute transacting business in the state and exercising corporate
and unconditional) of that power has been given in favor of local franchises (primary franchise) granted by the state and the same
government units as provided by article X of the constitution. was not levied for the existence (not based on ownership) but to
- Where there is neither a grant nor a prohibition by statute, the its exercise of rights or privileges.
tax power must be deemed to exist although Congress may - To determine if covered by franchise tax, if the corporation is
provide statutory limitations and guidelines to safeguard the granted secondary franchise and it is exercising within
viability and self-sufficiency of local government units by directly Philippines. Both were satisfied by Napocor.
granting them general and broad tax powers. PD 231 explicitly - expressio unius est exclusio alterius.
authorizes provincial governments, notwithstanding “any - The franchise tax is imposable despite any exemption enjoyed
exemption granted by any law or other special law, x x x (to) under special laws.
impose a tax on businesses enjoying a franchise. - withdrawal of tax exemption privileges which resulted in serious
- Despite local autonomy, legislature must still see to it that (a) the tax base erosion and distortions in the tax treatment of similarly
taxpayer will not be over-burdened, LGU will have its fair share situated enterprises.
of available resources, national government will not be unduly
disturbed, and local taxation will be fair, uniform, and just. LGC Petron vs Tiangco
withdrawn tax incentives and exemptions enjoyed by certain Facts:
entities. - Petition filed by Petron assailing the decision of RTC of Malabon
- Previous cases are under the purview of Contractual tax which dismissed petitioner’s complaint for cancellation of
exemptions covered by non-impairment of contracts. A franchise assessment made by the then municipality (now City) of Navotas
partakes the nature of a grant which is beyond the purview of (Navotas) for deficiency of business taxes.
the non-impairment clause of the Constitution - Letter complaint was first filed with Treasurer’s office however
denied. Petron filed with RTC, and supplemental complaint since
Napocor vs City of Cabanatuan respondents refused to issue permit to Petron. Both complaints
Facts: and motions are denied.
- Petition for review of decision of CA which held that Napocor, Contention of Petron:
petitioner and GOCC, is oblige to pay franchise tax to respondent - It was exempt from local business taxes under Art 232 and IRR
City of Cabanatuan. and ruling stating that sales of petroleum fuels are not subject to
- Respondent file with RTC collection suit for the assessed tax due local taxation. the "business taxes" on its sale of diesel fuels
- RTC dismissed the case since Rep. Act No. 6395 is a particular law partakes of an excise tax enumerated under the [NIRC]
and it may not be repealed by Rep. Act No. 7160 which is a Contention of Respondent:
general law, section 193 of Rep. Act No. 7160 is in the nature of - What the provision prohibits is the imposition of excise taxes
an implied repeal which is not favored, local governments have on petroleum products, but not the imposition of business
no power to tax instrumentalities of the national government. In taxes on the same. tax on business is distinct from a tax on
Basco vs Pagcor, court held that being an instrumentality of the the article itself
government, PAGCOR should be and actually is exempt from Issue:
local taxes. Otherwise, its operation might be burdened, W/N LGU is empowered under LGC to impose business taxes on
impeded or subjected to control by mere local government. persons or entities engaged in the sale of petroleum products.
- Court of Appeals, however, reversed the decision on the ground Ruling:
that section 193, in relation to sections 137 and 151 of the LGC, - Petition was granted.
expressly withdrew the exemptions granted to the petitioner - Section 133 prescribes the limitations on the capacity of local
Contention of Petitioner: government units to exercise their taxing powers otherwise
- Respondent has no authority to impose tax on government granted to them under the LGC. That is, enumerating the two
entities and that as a non-profit organization since Local kinds of taxes: excise taxes on articles enumerated under NIRC
governments have no power to tax instrumentalities of the and taxes, fees or charges on petroleum products
National Government. It is exempted from the payment of all - the current definition of an excise tax is that of a tax levied on a
forms of taxes, charges, duties or fees in accordance with sec. 13 specific article, rather than one "upon the performance, carrying
of Rep. Act No. 6395. Sections 137 and 151 of the LGC in relation on, or the exercise of an activity
to section 131, limit the taxing power of the respondent city - In case of doubt, shall be resolved in favor of local autonomy.
government to private entities that are engaged in trade or "[i]n case of doubt, any tax ordinance or revenue measure shall
occupation for profit. It also alleged that power of the local be construed strictly against the local government unit enacting
government to impose franchise tax is subordinate to it, and liberally in favor of the taxpayer.
petitioner's exemption from taxation; "police power being the - Congress has the constitutional authority to impose limitations
most pervasive, the least limitable and most demanding of all on the power to tax of local government units, and Section 133
powers of the Code is one such limitation.
Contention of respondent: - The absence of such a qualification leads to the conclusion that
- petitioner's exemption from local taxes has been repealed by all sorts of taxes on petroleum products, including business
section 193 of Rep. Act No. 7160 (Withdrawal of Tax Exemption taxes, are prohibited by Section 133(h). Where the law does not
Privileges) distinguish, we should not distinguish
Ruling:
- Petition was denied and decision was affirmed. SECTION 6. Local government units shall have a just share, as
- Sections 133, 232, and 234, as a general rule, LGUs cannot determined by law, in the national taxes which shall be
impose taxes, fees or charges of any kind on the National automatically released to them.
10

- Fiscal Autonomy – that local governments have the power to create o autonomy is intended to "break up the monopoly of the
their own sources of revenue in addition to their just share in the national government over the affairs of local governments
national taxes automatically released by the national government not to end the relation of partnership and interdependence
and the power to allocate their resources in accordance with their between the central administration and the LGUs. They are
own priorities. It extends from budget preparations up to working still subject to regulation, however limited, for the purpose
within the constraints thereof. of enhancing self-government
- Requisites before president may interfere o Decentralization simply means the devolution of national
1. Unmanaged public sector deficit of national government administration, not power, to local governments. Local
2. Consultations with the presiding officers of the senate and the officials remain accountable to the central government
HOR and the presidents of various local leagues - Local fiscal autonomy does not however rule out any manner of
3. Corresponding recommendation of the secretaries of the national government intervention by way of supervision, in order
department of finance DILG and Budget and Management. to ensure that local programs, fiscal and otherwise, are
Automatic release – within 5 days after every quarter of the year consistent with national goals.
and shall not be subject to any lien or holdback that may be - President may interfere in local fiscal matters provided: (1) an
imposed by the national government for whatever purpose. unmanaged public sector deficit of the national government; (2)
- Part of income – Funds generated from local taxes, IRA and national consultations with the presiding officers of the Senate and the
wealth utilization proceeds House of Representatives and the presidents of the various local
leagues; and (3) the corresponding recommendation of the
Cases secretaries of the Department of Finance, Interior and Local
Pimentel vs Aguirre Government, and Budget and Management. Adjustment in the
Facts: allotment shall in no case be less than thirty percent (30%) of the
- Petition to annul Section 1 of Administrative Order (AO) No. 372, collection of national internal revenue taxes of the third fiscal
insofar as it requires local government units to reduce their year preceding the current one
expenditures by 25 percent of their authorized regular - It is understood, however, that no legal sanction may be imposed
appropriations for non-personal services and withholds a portion upon LGUs and their officials who do not follow such advice.
of their internal revenue allotments (IRA). AO 43, amending Contention of Sol Gen was upheld.
Section 4 of AO 372, by reducing to five percent (5%). - Section 4 of AO 372 cannot, however, be upheld. A basic feature
Contention of petitioner: of local fiscal autonomy is the automatic release of the shares of
- AO 372, was in effect exercising the power of control over LGUs. LGUs in the national internal revenue as mandated by the
Directive to withhold ten percent (10%) of their IRA is in constitution. Any retention, temporary or not, is prohibited
contravention of Section 286 of the LGC and of Section 6, Article Dissenting opinions:
X of the Constitution, providing for the automatic release to each - President's power as chief fiscal officer of the country. Justice
of these units its share in the national internal revenue. Kapunan posits that Section 4 of AO 372 conforms with the
- Respondents failed to comply with these requisites before the President's role as chief fiscal officer. However, the acts alluded
issuance and the implementation of AO 372 to in the Dissent are indeed authorized by law; but, quite the
Contention of respondents: opposite, Section 4 of AO 372 is bereft of any legal or
- AO 372 was merely directory and issued to alleviate the constitutional basis.
"economic difficulties brought about by the peso devaluation - President's authority to adjust the IRA of LGUs in case of an
and mere supervision. unmanageable public sector deficit. But such reduction is subject
- It merely directs local governments to identify measures that will to consultation with the presiding officers of both Houses of
reduce their total expenditures for non-personal services by at Congress and, more importantly, with the presidents of the
least 25 percent leagues of local governments
- LGUs’ IRA does not violate the statutory prohibition on the
imposition of any lien or holdback on their revenue shares, SECTION 7. Local governments shall be entitled to an equitable
because such withholding is "temporary in nature pending the share in the proceeds of the utilization and development of the
assessment and evaluation by the Development Coordination national wealth within their respective areas, in the manner
Committee of the emerging fiscal situation provided by law, including sharing the same with the inhabitants by
Issue: way of direct benefits.
W/N president committed grave abuse of discretion [in] ordering all
LGUS to adopt a 25% cost reduction program and 10% withholding in SECTION 8. The term of office of elective local officials, except
violation of the LGU[']S fiscal autonomy barangay officials, which shall be determined by law, shall be three
Ruling: years and no such official shall serve for more than three
- Petition was granted. consecutive terms. Voluntary renunciation of the office for any
- Scope of President's Power of Supervision Over LGUs length of time shall not be considered as an interruption in the
o exclude the power of control continuity of his service for the full term for which he was elected.
o In administrative law, if the latter fail or neglect to fulfill
them, the former may take such action or step as prescribed Cases
by law to make them perform their duties, control means Borja vs Comelec
the power of an officer to alter or modify or nullify and to Facts:
substitute the judgment of the former for that of the latter - Private respondent Jose T. Capco, Jr. was elected vice-mayor of
o Supervisory power, when contrasted with control, is the Pateros for a term ending June 30, 1992
power of mere oversight over an inferior body; it does not - On September 2, 1989, he became mayor, by operation of law,
include any restraining authority over such body upon the death of the incumbent, Cesar Borja (1st term). On May
o Supervising officials merely see to it that the rules are 11, 1992, he ran and was elected mayor for a term of three years
followed, but they themselves do not lay down such rules, which ended on June 30, 1995 (2nd term). On May 8, 1995, he
nor do they have the discretion to modify or replace them was reelected mayor for another term of three years ending June
o The heads of political subdivisions are elected by the people. 30, 1998 (3rd term).
Their sovereign powers emanate from the electorate, to - He filed his candidacy for 4th term. Petitioner Benjamin U. Borja
whom they are directly accountable. They are subject to Jr, candidate for mayor sought for disqualification of Capco for
president’s supervision so long as within legitimate powers. ineligibility to serve another term.
- Extent of Local Autonomy - 2nd division Comelec ruled in favor of petitioner and disqualified
Capco. Upon appeal, Comelec en banc reversed the decision.
11

Contention of Comelec en banc: - RA 6653 is special law and was not repealed by RA 7160, term of
- The three-term limitation refers to the term elected. It made no barangay officials will be determined by law,
reference to succession by operation of law to an office to which Contention of respondent:
he was not elected. Such is not counted as one (1) term for - repealing clause of RA 7160 includes "all laws, whether general
purposes of the computation of the three-term limitation or special, inconsistent, with the provisions of LGC
Contention of petitioner: - RA 8250 (the General Appropriations Act for 1997) and RA 8189
- Capco has already served 3 terms. Upon the death of Mayor (providing for a general registration of voters) both "indicate that
Cesar Borja on September 2, 1989, private respondent became Congress considered that the barangay elections shall take place
the mayor and thereafter served the remainder of the term and in May, 1997, as provided for in RA 7160
it is irrelevant that private respondent became mayor by Ruling:
succession since the purpose is to prevent a monopolization of - Petition was dismissed.
political power - A later law repeals an earlier one because it is the later legislative
Issue: will. RA 7160, the term of office is 3 years while RA 6679, 5 years.
W/N vice-mayor who succeeds to the office of mayor by operation of RA 7160 mandates election of 7 kagawads and 1 chairman. In RA
law and serves remainder of the term is considered to have served 6679, only 7 were voted as kagawad. The kagawad will then vote
a term in that office for the purpose of the three-term limit who will be the chairman.
Ruling: - GAA (RA 8189), is clear and express contemporaneous
- Petition was dismissed. statements of Congress that barangay officials shall be elected
- the term limit for elective local officials must be taken to refer to this May, in accordance with Sec. 43-c of RA 7160
the right to be elected as well as the right to serve in the same - RA. 7160 is a codified set of laws that specifically applies to LGUs.
elective position and must also have been elected to the same Hence, a special law
position for the same number of times before the disqualification - Constitution did not expressly prohibit Congress from fixing any
can apply term of office for barangay officials. It merely left the
- While the people should be protected from the evils that a determination of such term to the lawmaking body, without any
monopoly of political power may bring about, care should be specific limitation or prohibition, thereby leaving to the
taken that their freedom of choice is not unduly curtailed. lawmakers full discretion to fix such term in accordance with the
Fundamental tenet of representative democracy is that the exigencies of public service.
people should be allowed to choose those whom they please to - How long? As may be determined by law"; more precisely, "(a)s
govern them provided for in the LGC, limiting for 3 years.
- Case No. 1. Suppose A is a vice-mayor succeeded the deceased - David was estopped since he knew he was elected in the purview
mayor. Six months before the next election, he resigns and is of RA 7160 since he was directly voted.
twice elected thereafter. Can he run again? Yes. Voluntary
renunciation of the office is not considered as an interruption in Socrates vs Comelec
the continuity of his service for the full term only if the term is Facts:
one "for which he was elected." Since A is only completing the - G.R. No. 154512 (Socrates), No. 154683 (Sandoval), No 155083-
service of the term for which the deceased and not he was 84 (Adovo) are consolidated petitions seeking the reversal of the
elected, A cannot be considered to have completed one term resolutions issued by Comelec in relation to the recall election
- Case No. 2. Suppose B is elected mayor and, during his first for mayor of Puerto Princesa City
term, he is twice suspended for misconduct for a total of 1 year. - 312 out of 528 members of the then incumbent barangay
If he is twice reelected after that, can he run for one more term officials convened themselves into PRA to initiate recall of
in the next election? Yes. The local official has been elected three Victorino Dennis M. Socrates who assumed office as mayor. PRA
consecutive times, but he has not fully served three consecutive passed Resolution No. 01-02 on the ground of loss of confidence.
terms. Socrates filed with Comelec petition to nullify the resolution.
- The Vice-President is elected primarily to succeed the President COMELEC en banc promulgated a resolution dismissing for lack
For their part, the electors likewise choose as Vice-President the of merit Socrates' petition
candidate who they think can fill the Presidency in the event it - Edward M. Hagedorn filed his candidacy as mayor. Ma. Flores F.
becomes vacant. Hence, service in the Presidency for more than Adovo, Merly E. Gilo, and Bienvenido Ollave, Sr filed a petition
four years may rightly be considered as service for a full term. In before the COMELEC to disqualify Hagedorn from running in the
comparison, it cannot be said of him, as much as of the Vice- recall election
President in the event of a vacancy in the Presidency, that, in - Comelec dismissed the complaints, and held Hagedorn qualified.
running for vice-mayor, he also seeks the mayorship. His - Complaint of Sandoval against 10-day campaign period given by
assumption of the mayorship in the event of vacancy is more a Comelec, which court later reset to give additional 15 days. (Sept
matter of chance than of design. 9 to 24)
- The vice-mayor succeeds to the mayorship by operation of law. - Hagedorn garnered the highest votes.
14 On the other hand, the Representative is elected to fill the Contention of Adovo, Gilo and Ollave:
vacancy. Hence, Representative serves a term for which he was - Hagedorn is disqualified from running for a fourth consecutive
elected. term, having been elected and having served as mayor of the city
David vs Comelec for three (3) consecutive full terms immediately prior to the
Facts: instant recall election for the same post
- Two petitions questioning the term of office of baranggay Contention of Socrates:
chairmen. 3 years as provided by RA 7160 or 5 years as contained - No notification with other members of the PRA, seeking new
in RA 6679? electoral mandate, and proceedings were conducted in a manner
- G.R. No. 127116 (David) – Alex David, chairman of Brgy 77, that violated his and the public's constitutional right to
Kalookan City, filed petition to prohibit the holding of the information
barangay election scheduled on the second Monday of May 1997 Ruling:
- G.R. No. 128039 (Liga ng mga Barangay) - Petitioner Liga ng mga - Sandoval - The factual findings of the COMELEC, based on its own
Barangay Quezon City Chapter seek a judicial review by certiorari assessments and duly supported by gathered evidence, are
to declare as unconstitutional Section 43(c) of R.A. 7160 conclusive upon the court, more so, in the absence of a
providing 3 years as term of barangay chairman. substantiated attack on the validity of the same. Petitioner does
Contention of petitioners: not provide valid reason. They cannot be proved to seeking
- Sec. 2 of Republic Act No. 6653, approved on May 6, 1988, "(t)he electoral mandate since all are still de jure Sangunian members
term of office of barangay officials shall be for five (5) years
12

with no legal disqualification to join the PRA. Violated right has loss of title or effective break as he is simply barred from
no legal basis. exercising the functions of his office for a reason provided by law
- Hagedorn’s reelection - what the Constitution prohibits is an - “failure to serve” cannot be used once the right to office is lost
immediate reelection for a fourth term following three - Term” in a legal sense means a fixed and definite period of time
consecutive terms. Subsequent reelection for a fourth term as which the law describes that an officer may hold an office.
long as the reelection is not immediately after the end of the Reference is to the term, not to the service that a public official
third consecutive term. A recall election is a subsequent election may render. In other words, the limitation refers to the term
but not an immediate reelection after the third term. - Conversion of the municipality into a city is not exempt from 3-
- Hagedorn was elected for three consecutive terms in the 1992, term rule. The territorial jurisdiction, inhabitants who voted and
1995 and 1998 elections and served in full his three consecutive over whom the municipal mayor held power and authority as
terms. He could no longer run in 2001. He did not run, and their chief executive
Socrates won. Due to recall, he assumed his 4th reelection. June - preventive suspension, by its nature, is a temporary incapacity to
2001 to September 2002 was an involuntary interruption. render service during an unbroken term; in the context of term
Involuntary severance from office for any length of time, short of limitation, interruption of service occurs after there has been a
the full term provided by law, amounts to an interruption of break in the term
continuity of service. Recall term is 1 full term. - Preventive suspension, because it is imposed by operation of
- The concept of term limits is in derogation of the sovereign will law, does not involve a voluntary act except in the indirect sense
of the people to elect the leaders of their own choosing. Term that he may have voluntarily committed the act that became the
limits must be construed strictly to give the fullest possible effect basis of the charge, hence, it does not have the element of
to the sovereign will of the people voluntariness that voluntary renunciation embodies. Allowing to
consider as involuntary renunciation would make a simple
Montebon vs Comelec fabricated administrative charge, which may be dismissed
Facts: subsequently overturn the prohibition of constitution.
- Petition assailing resolution of 1st division of Comelec denying
the petition for disqualification filed by petitioners Federico T. Section 9. Legislative bodies of local governments shall have
Montebon and Eleanor M. Ondoy against respondent Sesinando sectoral representation as may be prescribed by law.
F. Potencioso, Jr, (candidates for councilors) which was affirmed
by Comelec en banc. Cases:
- Petitioners filed disqualification against respondent with the
COMELEC alleging that respondent had been elected and served Supangan vs Santos
three consecutive terms as municipal councilor in 1998-2001, Facts:
2001-2004, and 2004-2007. - G.R. No 84663 – Supangan was a member of the Kabataang
Contention of Potencioso: Barangay (KB) of Mabini, Pangasinan, elected at SK Chairman and
- Service of his second term in 2001-2004 was interrupted on KB Provincial Federation President, appointed by Marcos
January 12, 2004 when he succeeded as vice mayor of Tuburan Sangguniang Panlalawigan representing the youth sector.
due to the retirement of Vice Mayor Petronilo L. Mendoza respondent Marissa Domantay by virtue of letter of Secretary
Ruling: Luis T. Santos, replaced Supangan. Supangan conteded that Sec.
- Term limit for elective officials must be taken to refer to the right Santos has no legal authority to designate Domantay as he has
to be elected as well as the right to serve in the same elective never been elected president of Provincial Federation President,
position. Thus, for the disqualification to apply, it is not enough sine qua non for appointment
that the official has been elected three consecutive times; he - G.R. No. 85012 - respondent Domingo R. de Guzman was
must also have served three consecutive terms in the same designated member of the Sangguniang Bayan of the
position Municipality of Taguig by Secretary Luis T. Santos. Councilors
- His assumption as vice mayor is involuntary, by operation of law Rufino Mamonong, Castillo and Agapito Cruz, Jr. objected
as provided by LGC. The successor cannot refuse to assume the acceptance of de Guzman's papers as the ABC representative.
office that he is mandated to occupy by virtue of succession. He Acting mayor filed a complaint against Castillo, Cruz and
can only do so if for some reason he is permanently unable to Mamonong with DILG for having unlawfully conspired and
succeed and occupy the post vacated. It is more mandatory than confederated depriving de Guzman of his rights and privileges
compulsory. that attach to his office and to delete his name despite
appointment. Castillo, Mamonong and Cruz filed the present
Aldovino vs Comelec petition to annul the designation of respondent de Guzman on
Facts: the grounds that no law prescribing the appointment of sectoral
- petition seeks to annul and set aside this COMELEC ruling that representatives, Only the President of the Philippines can
preventive suspension is an effective interruption because it appoint sectoral representatives and cannot be delegated, and
renders the suspended public official unable to provide complete delegating power only received after appointment.
service for the full term - G.R. No. 86393 - respondent Hon. Luis T. Santos issued two (2)
- Wilfredo F. Asilo (Asilo) was elected councilor of Lucena City for Memoranda designated private respondents Romeo P. Bularan
three consecutive terms: for the 1998-2001, 2001-2004, and and Rafael Cortez as members of the Sangguniang Bayan of
2004-2007 terms, respectively. During his 2004-2007 term of Valenzuela, Metro Manila, representing the Agricultural and
office, the Sandiganbayan preventively suspended him for 90 Industrial Labor sectors. Petitioner questions its
days in relation with a criminal case he then faced. The same was constitutionality, w/n secretary of DILG has the power to appoint
subsequently lifted. sectoral representatives.
- In the 2007 election, Asilo run for the same position which was - G.R. No. 87601 – petition to compel respondents Presiding
protested by petitioners. It was dismissed by Comelec. Officer and Members of the Sangguniang Panlungsod of Ozamis
Ruling: City to recognize petitioners' appointments as nominated by City
- Petition granted. Mayor. The ground is designations have not complied with the
- The “interruption” of a term exempting an elective official from conditions precedent prescribed by LGC and IRR.
the three-term limit rule is one that involves no less than the - G.R. No. 87602 – secretary of DILG issued a Memorandum
involuntary loss of title to office and not temporary “cessation of designating Antonio B. Gomez member of the Sangguniang
the exercise of power or authority. Temporary inability or Panlungsod (representing the Agricultural Sector) of Angeles
disqualification, voluntary or not, should not be considered an City. Petitioners objected on the ground that Gomez was a
effective interruption of a term because it does not involve the
13

defeated candidate for councilor in the last election and was not - G.R. No. 87601 - no prior determination/certification by the
engaged to agricultural works. Sanggunian that these sectors are of sufficient number to
- G.R. No. 87792 - Petitioners are appointees of Hon. Sec. Luis T. warrant representation
Santos, DILG, as members representing various sectors. The - G.R. No. 87602 - Antonio Gomez is null and void, first he is not
Council did not readily accept and recognize their appointments qualified to represent the agricultural sector
- G.R. No. 87935 - Soriano and Costales were extended - G.R. No. 87792 - no prior determination of the sufficiency in
appointments as members of the Sangguniang Bayan of number of the sector concerned and consultation with such
Urdaneta, Pangasinan representing the industrial and members, and second, the appointees are not qualified (not
agricultural sectors respectively president of Katipunan Panlunsod as required, a politician and
- G.R. No. 89072 respondents Heracleo Dumadag, Jr. and Felix not a laborer, not president of Kabataang Barangay)
Tiukinhoy were designated by Sec. Santos as representatives of - G.R. No. 87935 - Soriano and Costales are not qualified to
the industrial and agricultural sectors, respectively. Council represent the industrial and agricultural sectors, respectively
refused to recognize. Petitioner contends that Before the - G.R. No. 89072 - no prior determination of the sufficiency in
President could extend appointment/designation to sectoral number of the sector concerned and consultation with such
representatives, the Sangguniang Panlungsod must first pass a members, and second, the appointees are not qualified
resolution certifying to the effect that the sectors concerned are - G.R. No. 90205 - appointments must be held legal and valid
of sufficient number as to warrant representation, Dumadag is
not a resident of Surigao City, Tiukinhoy on the other hand, is not Section 10. No province, city, municipality, or barangay may be
a farmer created, divided, merged, abolished, or its boundary substantially
- G.R. No. 90205 - petitioners seek to enjoin the respondents altered, except in accordance with the criteria established in the
Mayor Ramon R. Guico, Kagawads from recognizing respondents local government code and subject to approval by a majority of the
Tambo and Sison as members of the Municipal Council votes cast in a plebiscite in the political units directly affected.
Contention of Petitioner: - Plebiscite is an indispensable requirement in the creation, division,
- Designation made is unlawful since there was no enabling law to merger, abolition and substantial boundary alteration
implement it
- Power to appoint belongs to the president and cannot be Tan vs Comelec
delegated Facts:
- The manner of delegation was not made according to the - Petitioners, residents of the Province of Negros Occidental, in the
manner required by law. various cities and municipalities therein filed with this Court a
- Appointees are not qualified. case for Prohibition for the purpose of stopping respondents
Issues: Commission on Elections from conducting the plebiscite as
Authority of the Secretary of Local Government to designate/appoint consequence to enactment of Batas Pambansa Blg. 885-An Act
members/sectoral representatives to the local legislative bodies. Creating Province of Negros del Norte (Silay, Cadiz, and San
Ruling: Carlos and the municipalities of Calatrava, Taboso, Escalante,
- LGC BP 337 provides that the power to appoint sectoral Sagay, Manapla, Victorias, E.R. Magalona; and Salvador
representatives is conferred upon the President which he may Benedicto)
validly transmit to the secretary. - Writ of prohibition was issued since plebiscite only includes
- The phrase "as may be prescribed by law is not prospective in voters of the new province and new schedule to include all voters
character. Section 9 commands that all legislative bodies of local of entire province of negros occidental.
governments must have sectoral representatives among its Contention of Petitioners:
members, and the appointment or designation of individuals - Batas Pambansa Blg. 885 is unconstitutional and it is not in
thereto must be done in accordance with provisions of law, complete accord with LGC and Section 197 which enumerates
whether that law exists or has still to be passed. But in this case the conditions which must exist to provide the legal basis for the
that law already exists in B.P. Blg. 337 particularly Sections 146 creation of a provincial unit (at least 3.5K sq km, 500K population,
and 173. In any event B.P. Blg. 337 is still operative, even after estimated annual income as certified by Ministry of Finance, of
the ratification of the 1987 Constitution, because the Transitory not less than 10 Mn for last 3 consecutive years, and its creation
Provisions (Article XVIII) provides for the continued operation of shall not reduce the population and income of the mother
all existing laws, etc. not inconsistent with it province or provinces The territory need not be contiguous if it
- In cases where the Sanggunian concerned has not yet comprises two or more islands)
determined that the Industrial and Agricultural Labor Sectors in - Area not satisfied (2.8K)
their particular city or municipality are of sufficient number to Contention of Respondent:
warrant representation, there will absolutely be no basis for the - Batas Pambansa Big. 885 does not infringe the Constitution
designations/appointments. As a general rule, such prior because the requisites of the Local Government Code have been
determination by the Sangguniang itself is a condition sine qua complied with and case has now become moot and academic
non to a valid appointment - remaining cities and municipalities of the Province of Negros
- Appointee to the Sanggunian who sits there as a representative Occidental do not fall within the meaning and scope of the term
must meet the qualifications required by law for the position. "unit or units affected
The Constitution does not prescribe the qualifications for the - In the land area, also the land and water shall be included.
position. However, the use of the term "sectoral representation" Ruling:
implies that the person to be appointed must possess the - Batas Pambansa Blg. 885 is unconstitutional.
necessary qualifications to represent that particular sector and - Plain and simple logic will demonstrate than that two political
must actually belong to the sector which he purports to units would be affected. The first would be the parent province
represent, otherwise there can be no true representation. of Negros Occidental because its boundaries would be
- G.R. No. 84663 - Marissa Domantay has never been elected as substantially altered. The other affected entity would be
Kabataang Barangay Provincial Federation President, hence, composed of those in the area subtracted from the mother
appointment is not valid, the tenure of petitioner Johnny province to constitute the proposed province of Negros del
Supangan, Jr. cannot be terminated on that basis alone Norte.
- G.R. No. 85012 - no certification from the Sangguniang Bayan of - Paredes case is "one of those cases where the discretion of the
Valenzuela that the sectors concerned are of sufficient number Court is allowed considerable leeway" and that "there is indeed
to warrant representation, hence invalid. an element of ambiguity in the use of the expression unit or units
affected." The ruling rendered in said case was based on a
claimed prerogative of the Court then to exercise its discretion
14

on the matter. It did not resolve the question of how the from the disadvantaged position brought about by the abrupt
pertinent provision of the Constitution should be correctly increase and only sought the well-being of respondent
interpreted. Hence, not doctrinal. municipalities, having seen their respective capacities to become
- Creation of province will substantially alter the land area and component cities of their provinces, temporarily stunted by the
economy. What was involved was no 'birth' but "amputation." enactment of R.A. No. 9009.
- by holding the plebiscite only in the areas of the new proposed - The enactment of the Cityhood Laws is an exercise by Congress
province, this tactic will be tainted with illegality, sinister designs of its legislative power. So they can limit. Explicit exemptions
to achieve "pure and simple gerrymandering from amendatory law are amendments to LGC itself.
- What need not be "contiguous" is the "territory" the physical - Cityhood Laws do not violate Section 6, Article X and the equal
mass of land area. the word territory in the first paragraph of protection clause of the Constitution. equal protection clause of
Section 197 is meant to be synonymous with "land area" only the 1987 Constitution permits a valid classification, provided that
it: (1) rests on substantial distinctions; (2) is germane to the
Padilla vs Comelec purpose of the law; (3) is not limited to existing conditions only;
Facts: and (4) applies equally to all members of the same class. Purpose
- Republic Act No. 7155 creates the Municipality of Tulay-Na-Lupa of the enactment of R.A. No 9009 was merely to stop the “mad
in the Province of Camarines Norte to be composed of Barangays rush of municipalities wanting to be converted into cities. The
Tulay-Na-Lupa, Lugui, San Antonio, Mabilo I, Napaod, Benit, determination of the existence of substantial distinction with
Bayan-Bayan, Matanlang, Pag-Asa, Maot, and Calabasa. respect to respondent municipalities does not simply lie on the
Plebiscite will be held in affected areas/unit (both new and mere pendency of their cityhood bills but by the purpose of the
mother) law (LGC), that is capacity and viability of respondent
- Plebiscite Board of Canvassers declared the rejection and municipalities to become component cities.
disapproval of the independent Municipality of Tulay-Na-Lupa by - The financial capacity was supposed to be demonstrated by the
a majority of votes. petitioner as Governor of Camarines Norte, municipality wishing to become a city by its own effort, meaning
seeks to set aside the plebiscite to say, it should not rely on the internal revenue share that
Contention of petitioner: comes from the government
- plebiscite was a complete failure and that the results obtained
were invalid and illegal because the plebiscite, as mandated by Sema vs Comelec
COMELEC Resolution No. 2312 should have been conducted only Facts:
in the political unit or units affected, i.e. the 12 barangays - Petitions to annul Resolution No. 7902 of Comelec treating
comprising the new Municipality of Tulay-Na-Lupa and should Cotabato City as part of the legislative district of the Province of
not include the mother municipality. Shariff Kabunsuan
- Upon ratification of 1987 constitution, doctrine of Tan vs - two legislative districts for the Province of Maguindanao: 1.
Comelec was already abandoned, thus reinstating the case of legislative district consists of Cotabato City and eight
Paredes v. Executive Secretary ruling that only the voters of the municipalities.
unit to be segrated should be included in the plebiscite. - Maguindanao forms part of ARMM, although under the
Ruling: Ordinance, Cotabato City forms part of Maguindanao’s first
- Petition was dismissed. legislative district, it is not part of the ARMM but of Region XII
- The deletion of the phrase "unit or" in Section 10, Article X of the - ARMM Regional Assembly created the Province of Shariff
1987 Constitution from its precursor, Section 3 of Article XI of the Kabunsuan composed of the eight municipalities in the first
1973 Constitution not affected ruling in Tan vs. Comelec as district of Maguindanao. Thus, what was left of Maguindanao
affirmed by CONCOM. were the municipalities constituting its second legislative district.
- what is contemplated by the phase "political units directly Cotabato City, although part of Maguindanao’s first legislative
affected," is the plurality of political units which would district, is not part of the Province of Maguindanao.
participate in the plebiscite (mother and new) - The voters of Maguindanao ratified Shariff Kabunsuan’s creation
in a plebiscite
League of Cities vs Comelec - Resolution maintains the status quo with Cotabato City as part of
Facts: Shariff Kabunsuan in the First Legislative District of
- petitions filed by the League of Cities of the Philippines (LCP) Maguindanao. Resolution No. 7845 concluded the inclusion of
assailing the constitutionality of the sixteen (16) laws,[1] each Cotabato City in Maguindanao’s 1st legislative district. Resolution
converting the municipality covered thereby into a component No. 7902 rename the district as “Shariff Kabunsuan Province with
city (Cityhood Laws) and to prohibit plebiscite. Cotabato City
- Court En Banc granted the petitions and struck down the - Sema, who was a candidate for Representative of “Shariff
Cityhood Laws as unconstitutional for violating Sections 10 and Kabunsuan with Cotabato City,” prayed for the nullification of
6, Article X, and the equal protection clause. Court en banc COMELEC Resolution No. 7902 and the exclusion from
denied the 1st and 2nd motions. The court En Banc, by a vote of 6- canvassing of the votes cast in Cotabato City for that office
4, then declared the Cityhood Laws as constitutional. Contention of Sema:
- First declaration of unconstitutionality: they are not written in - Shariff Kabunsuan is entitled to one representative in Congress,
the LGC of 1991 as amended by (R.A.) No. 9009 which took effect Resolution No. 7902 which maintained the status quo in
on June 30, 2001. Prior to the amendment, Section 450 of the Maguindanao’s first legislative district despite Resolution No.
LGC required only an average annual income, as certified by the 7845 designating Cotabato City as the lone component of
Department of Finance, of at least P20 Mnfor the last two (2) Maguindanao’s reapportioned first legislative district. COMELEC
consecutive years usurped Congress’ power to create or reapportion legislative
- Reason for amending the financial requirement from 20 Mn to districts due to Resolution No. 7902
100 Mn, by incorporating the Internal Revenue share of the taxes Contention of Comelec:
of the nation on to their regularly generated revenue, all - exercise of its administrative, not quasi-judicial, power and the
municipalities in this country would qualify to become cities case was already moot for declaring Dilangalen.
Ruling: Contention of Dilangalen:
- Cityhood laws are constitutional. - Sema was estopped for indicating in his COC to run
- Congress intended that those with pending cityhood bills during representative thereof.
the 11th Congress would not be covered by the new and higher - COMELEC Resolution No. 7902 is constitutional because it did not
income requirement of P100 million imposed by R.A. No. 9009. apportion a legislative district for Shariff Kabunsuan or
Congress merely took the 16 municipalities covered thereby
15

reapportion the legislative districts in Maguindanao but merely but also from Congress’ power to create provinces which cannot
renamed Maguindanao’s first legislative district be created without a legislative district. Only Congress has the
- Section 19, Article VI of RA 9054 is unconstitutional the power power to create, or trigger the creation of, a legislative district.
to create provinces was not among those granted to the
autonomous regions under Section 20, Article X of the SECTION 11. The Congress may, by law, create special metropolitan
Constitution and (b) the grant under Section 19, Article VI of RA political subdivisions, subject to a plebiscite as set forth in Section
9054 to the ARMM Regional Assembly of the power to prescribe 10 hereof. The component cities and municipalities shall retain their
standards lower than those mandated in Section 461 of RA 7160 basic autonomy and shall be entitled to their own local executives
on the creation of provinces contravenes Section 10, Article X of and legislative assemblies. The jurisdiction of the metropolitan
the Constitution and the Equal Protection Clause authority that will hereby be created shall be limited to basic
Issues: services requiring coordination.
1. test the constitutionality of COMELEC Resolution No. 7902 - Jurisdiction is limited to basic services requiring coordination
(renaming) - MMDA (RA 7924) – handle the administration of metrowide basic
2. whether Section 19, Article VI of RA 9054, delegating to the services affecting 14 cities and 2 municipalities
ARMM Regional Assembly the power to create provinces, 1. Development planning
cities, municipalities and barangays, is constitutional 2. Transport and traffic management
3. Section 19, Article VI of RA 9054 is entitled to one 3. Solid waste disposal and management
representative in the House of Representatives without 4. Flood control and sewerage management
need of a national law creating a legislative district for such 5. Urban renewal, zoning and land use planning
province 6. Health and sanitation, urban protection and pollution control
Ruling: 7. Public safety
- Section 19, Article VI of RA 9054 is unconstitutional, , MMA Act
201 creating the Province of Shariff Kabunsuan is void, Cases:
COMELEC Resolution No. 7902 is valid. MMDA vs Bel-Air
- organic acts of autonomous regions cannot prevail over the Facts:
Constitution - respondent received from petitioner, through its Chairman, a
- legislative powers of regional assemblies are limited “[w]ithin notice requesting respondent to open Neptune Street to public
its territorial jurisdiction and subject to the provisions of the vehicular traffic, perimeter wall separating the subdivision from
Constitution and national laws the adjacent Kalayaan Avenue would be demolished
- The ARMM Regional Assembly cannot create a province - Respondent instituted against petitioner before the RTC of
without a legislative district because the Constitution mandates injunction. RTC denied. Upon appeal, appellate court favored
that every province shall have a legislative district. respondent finding that the MMDA has no authority to order the
Ruling 1 opening of Neptune Street, such is lodged in the City Council of
- Valid. merely complies with Section 5 of Article VI and Section 20 Makati by ordinance
of Article X Contention of MMDA:
Ruling 2 - it has the authority as an agent of the state endowed with police
- the creation of any of the four local government units – province, power in the delivery of basic services in Metro Manila which
city, municipality or barangay – must comply with three include traffic management, use of thoroughfares to insure the
conditions: must follow criteria fixed by LGC, creation must not safety, convenience and welfare of the general public. Due to
conflict with any provision of the Constitution and plebiscite to police power affirmed in the decided case of Sangalang vs
units affected. Congress has delegated to provincial boards, and Appellate Court, there is no need for the City of Makati to enact
city and municipal councils, the power to create barangays an ordinance opening Neptune Street to the public.
within their jurisdiction. There is no provision in the Constitution Ruling:
that conflicts with the delegation to regional legislative bodies of - Police power is an inherent attribute of sovereignty vested by the
the power to create municipalities and barangays. However, with Constitution in the national legislature which may be delegated.
creation of provinces and cities, exclusive power of congress is Once delegated, the agents can exercise only such legislative
needed (Art VI). the power to create a province or city inherently powers as are conferred on them by the national lawmaking
involves the power to create a legislative district body. Congress through section 16 of LGC delegated this power.
Ruling 3 - Metro-wide services" are those "services which have metro-wide
- The power to increase the allowable membership in the House impact and transcend local political boundaries or entail huge
of Representatives, and to reapportion legislative districts, is expenditures such that it would not be viable for said services to
vested exclusively in Congress (power of redistricting) be provided by the individual LGUs. MMDA has the power to
- The power to reapportion legislative districts necessarily enter into contracts, memoranda of agreement and other
includes the power to create legislative districts out of existing cooperative arrangements with these bodies for the delivery of
ones. the required services within Metro Manila. MMDA is governed
- Creation of legislative districts must be embodied in a national by Metro Manila Council composed of mayors, chairman
law. Only Congress can enact such a law. It would be anomalous appointed by the president, and the board promulgates RR
for regional or local legislative bodies to create or reapportion - The scope of the MMDA’s function is limited to the delivery of
legislative districts for a national legislature like Congress. An the seven (7) basic services and following acts: formulation,
inferior legislative body, created by a superior legislative body, coordination, regulation, implementation, preparation,
cannot change the membership of the superior legislative body. management, monitoring, setting of policies, installation of a
- The creation of the ARMM, and the grant of legislative powers to system and administration. There is no syllable in R. A. No. 7924
its Regional Assembly under its organic act, did not divest that grants the MMDA police power/legislative power. It is an
Congress of its exclusive authority to create legislative districts agency/authority created for the purpose of laying down policies
(Section 20 of Art X). Section 3, Article IV of RA 9054 provides, and merely provides LGUs technical assistance in the preparation
“The Regional Assembly may exercise legislative power except of local development plans. It is purely coordinative and policy-
on the following matters National elections. It would be making.
incongruous for a regional legislative body like the ARMM - Rationalizing the use of roads and thoroughfares is one of the
Regional Assembly to create a national office when its legislative acts that fall within the scope of transport and traffic
powers extend only to its regional territory. management and not an express or implied grant of ordinance-
- Creation of a legislative district by Congress does not emanate making power, much less police power
alone from Congress’ power to reapportion legislative districts,
16

- Sanggalang case involved zoning ordinance. MMC though Who is the rightful governor of the province of Leyte
forerunner of MMDA, the former has greater power under its PD Ruling (Larrazabal):
824 (charter), assigning MMC as "central government" of Metro - Petition was dismissed.
Manila for the purpose of establishing and administering - Larrazabal is not a resident due to the factual evidence and as
programs providing services common to the area, such with provided by the Civil Code.
power to issue ordinances. - Section 89 of Republic Act No. 179 creating the City of Ormoc
- Political subdivision has its own government, it has its own provides that qualified voters of Ormoc City shall not be qualified
political personality, it has the power to tax, and all and entitled to vote in the election of the provincial governor and
governmental powers: police power and everything. Authority the members of the provincial board of the Province of Leyte.
does not have its own government; it is only a council with no Ormoc City when organized was not yet a highly-urbanned city
political power. but is, nevertheless, considered independent of the province of
- MMDA is an authority, since its charter was not approved Leyte as designated by its charter. This independence from the
through plebiscite, chairman was appointed by the president, province carries with it the prohibition or mandate directed to
who has control. It is administrative in character their registered voters not to vote and be voted for the provincial
elective offices
SECTION 12. Cities that are highly urbanized, as determined by law, - Commissioner is still de facto commissioner. Court only affirmed
and component cities whose charters prohibit their voters from the decision of Comelec en banc.
voting for provincial elective officials, shall be independent of the Ruling (Abella):
province. The voters of component cities within a province, whose - Local elections proceeded with Larrazabal considered as a bona-
charters contain no such prohibition, shall not be deprived of their fide candidate. The voters of the province voted for her in the
right to vote for elective provincial officials sincere belief that she was a qualified candidate for the position
- Classification of cities of governor. Her votes were counted and she obtained the
1. Highly urbanized highest number of votes. The net effect is that the petitioner lost
2. Independent component in the election. The contention is not compelling. Candidate who
3. Component obtains the second highest number of votes for the same
- Not violation of right to suffrage and equal protection clause position cannot assume the vacated position

Abella vs Comelec SECTION 13. Local government units may group themselves,
Facts: consolidate or coordinate their efforts, services, and resources for
- Adelina Larrazabal- wife of Emeterio V. Larrazabal of original purposes commonly beneficial to them in accordance with law.
candidate of Lakas, however disqualified (G.R. No. 100739) who - Weapon against poverty and other shared problems
obtained the highest number of votes but was later disqualified
by Comelec due to lack both residence and registration SECTION 14. The President shall provide for regional development
qualifications for the position. Benjamin Abella – Liberal Party councils or other similar bodies composed of local government
(G.R. No. 100710), who obtained the second highest number of officials, regional heads of departments and other government
votes for the position of governor but was not allowed by the offices, and representatives from non-governmental organizations
COMELEC to be proclaimed as governor after the disqualification within the regions for purposes of administrative decentralization
of Larrazabal, Leopoldo E. Petilla, the vice-governor of the to strengthen the autonomy of the units therein and to accelerate
province of Leyte the economic and social growth and development of the units in the
region
- LGUs relate to Regional Development Council in matters that
Contention of Larrazabal: concern their own.
- COMELEC completely disregarded our pronouncement in G.R. - Illustration of autonomy
No. 88004 in that instead of acting on SPC Case No. 88-546 under - RDC is a machinery that will give life and meaning to principle.
section 78 of the Election Code, the COMELEC proceeded with a
disqualification case not contemplated in G.R. No. 88004. Autonomous Region
- She is a resident of Kananga, living in Ormoc, but with intention
to return to Kananga, making it her domicile. SECTION 15. There shall be created autonomous regions in Muslim
- being a registered voter in Ormoc City was no impediment to her Mindanao and in the Cordilleras consisting of provinces, cities,
candidacy for the position of governor of the province of Leyte. municipalities, and geographical areas sharing common and
while a Component City whose charter prohibits its voters from distinctive historical and cultural heritage, economic and social
participating in the elections for provincial office, is indeed structures, and other relevant characteristics within the framework
independent of the province, such independence cannot be of this Constitution and the national sovereignty as well as
equated with a highly urbanized city and voters are likewise territorial integrity of the Republic of the Philippines
prohibited from running for the provincial offices
- Commissioner Flores’s signature is without bearing since his SECTION 16. The President shall exercise general supervision over
term has expired and the president has no power to fix the term autonomous regions to ensure that the laws are faithfully executed.
of a commissioner.
Contention of Dela Cruz: SECTION 17. All powers, functions, and responsibilities not granted
- Larrazabal is neither a resident nor a registered voter of Kananga, by this Constitution or by law to the autonomous regions shall be
Leyte as she claimed but a resident and registered voter of vested in the National Government.
Ormoc City, a component city of the province of Leyte but
independent of the province pursuant to Section 12, Article X SECTION 18. The Congress shall enact an organic act for each
Contention of Abella: autonomous region with the assistance and participation of the
- Any candidate who has been declared by final judgment to be regional consultative commission composed of representatives
disqualified shall not be voted for, and the votes case for him appointed by the President from a list of nominees from
shall not be counted. The votes cast in favor of Larrazabal, are multisectoral bodies. The organic act shall define the basic structure
not considered counted making her a non-candidate, he, who of government for the region consisting of the executive
obtained the second highest number of votes should be installed department and legislative assembly, both of which shall be elective
as regular Governor of Leyte in accordance with the Court's and representative of the constituent political units. The organic
ruling in G.R. No. 88004 acts shall likewise provide for special courts with personal, family,
Issue:
17

and property law jurisdiction consistent with the provisions of this effective when approved by a majority of the votes cast in a
Constitution and national laws. plebiscite” but phrased as “shall be effective when approved by
The creation of the autonomous region shall be effective when majority of the votes cast by the constituent units in a plebiscite”
approved by majority of the votes cast by the constituent units in a - Simple majority of votes approving the organic Act in individual
plebiscite called for the purpose, provided that only provinces, constituent units and not a double majority of the votes in all
cities, and geographic areas voting favorably in such plebiscite shall constituent units put together, as well as in the individual
be included in the autonomous region. constituent units.
- Mama-o: The Constitution lays down the standards by which
Cases Congress shall determine which areas should constitute the
Abbas vs Comelec autonomous region. Any review of this ascertainment would
Facts: have to go into the wisdom of the law. This the Court cannot do
- consolidated petitions enjoining Comelec from conducting the without doing violence to the separation of governmental
plebiscite and the Secretary of Budget and Management from powers.
releasing funds to the COMELEC for that purpose and declare - Judicial power includes the duty to settle actual controversies.
R.A. No. 6734 (An Act Providing for an Organic Act for the No actual controversy to resolve.
Autonomous Region in Muslim Mindanao ) unconstitutional - What is referred to in R.A. No. 6734 is the merger of
Contention of petitioners: administrative regions, i.e. Regions I to XII and the National
- RA 6734 violates constitution as it unconditionally creates an Capital Region, which are mere groupings of contiguous
autonomous region in Mindanao, contrary to the aforequoted provinces for administrative purposes, not territorial or political
provisions of the Constitution on the autonomous region which subdivisions. This is aid in the supervisory role of the president.
make the creation of such region dependent upon the outcome - Under the constitution, the creation of the autonomous region
of the plebiscite. Art II of RA states that "[t]here is hereby created hinges only on the result of the plebiscite. if the Organic Act is
the Autonomous Region in Muslim Mindanao, to be composed approved by majority of the votes cast by constituent units in the
of provinces and cities voting favorably in the plebiscite… in scheduled plebiscite, the creation of the autonomous region
accordance with Sec 18 Art X”, the tenor makes the creation of immediately takes effect and creation of committee does not
an autonomous region absolute, such that even if only two provide for a different date of effectivity.
provinces vote in favor of autonomy, an autonomous region
would still be created. Cordillera vs Comelec
- It conflicts Tripoli agreement (RP and MNLF to create ARMM), Facts:
that the Tripoli Agreement is part of the law of the land, being a - people of the provinces of Benguet, Mountain Province, Ifugao,
binding international agreement Abra and Kalinga-Apayao and the city of Baguio cast their votes
- R.A. No. 6734 on the ground that it violates the constitutional in a plebiscite held pursuant to Republic Act No. 6766 entitled
guarantee on free exercise of religion basing on the provision "An Act Providing for an Organic Act for the Cordillera
that national law shall be favored over tribal/muslim code. Autonomous Region
- Article XIX, section 13 of R.A. No. 6734 grants the President the - majority of 5,889 votes in only the Ifugao Province and was
power to merge regions, a power which is not conferred by the overwhelmingly rejected by 148,676 votes in the rest
Constitution upon the President. - Comelec issued Resolution No. 2259 stating that the Organic Act
- Oversight Committee to supervise the transfer to the as approved and affirmed by Secretary of justice and that Ifugao
autonomous region, such provisions are unconstitutional is the only province constituting CAR. Congress enacted Republic
because while the Constitution states that the creation of the Act No. 6861. Administrative Order No. 160 declaring among
autonomous region shall take effect upon approval in a others that the Cordillera Executive Board and Cordillera
plebiscite, the requirement of organizing an Oversight Regional Assembly and all the offices created under Executive
committee tasked with supervising the transfer of powers and Order No. 220 were abolished in view of the ratification of the
properties to the regional government would in effect delay the Organic Act
creation of the autonomous region Contention of the petitioner:
Contention of Mama-o: - there can be no valid Cordillera Autonomous Region in only one
- R.A. No. 6734 is unconstitutional because only the provinces of province as the Constitution and Republic Act No. 6766 require
Basilan, Sulu, Tawi-Tawi, Lanao del Sur, Lanao del Norte and that the said Region be composed of more than one constituent
Maguindanao and the cities of Marawi and Cotabato, and not all unit
of the thirteen (13) provinces and nine (9) cities included in the Contention of Secretary of Justice:
Organic Act, possess such concurrence in historical and cultural - (CAR) as mandated by R.A. No. 6766 became effective upon its
heritage and other relevant characteristics. As such, Congress approval by the majority of the votes cast in the province of
has expanded the scope of the autonomous region which the Ifugao. And considering the proviso in Section 13 (a) that only the
constitution itself has prescribed to be limited. provinces and city voting favorably shall be included in the CAR,
Ruling: the province of Ifugao being the only province which voted
- Constitution itself that provides for the creation of an favorably — can, alone, legally and validly constitute the CAR
autonomous region in Muslim Mindanao. The standard for any Issue:
inquiry into the validity of R.A. No. 6734 would therefore be what W/N the province of Ifugao, being the only province which voted
is so provided in the Constitution. Thus, any conflict between the favorably for the creation of the Cordillera Autonomous Region can,
provisions of R.A. No. 6734 and the provisions of the Tripoli alone, legally and validly constitute such Region
Agreement will not have the effect of enjoining the Ruling:
implementation of the Organic Act. If an international and - Petition was granted.
binding agreement, as internal law it would not be superior to - The sole province of Ifugao cannot validly constitute the
R.A. No. 6734, an enactment of the Congress of the Philippines Cordillera Autonomous Region
- The reference to the constitutional provision cannot be glossed - In Section15, provinces, cities, municipalities and geographical
over for it clearly indicates that the creation of the autonomous areas connote that "region" is to be made up of more than one
region shall take place only in accord with the constitutional constituent unit (region means 2 or more provinces)
requirements. - Article III, Sections 1 and 2 of RA 6766 provide that the Cordillera
- The creation of the autonomous region is made to depend, not Autonomous Region is to be administered by the Cordillera
on the total majority vote in the plebiscite, but on the will of the government consisting of the Regional Government and local
majority in each of the constituent units and the proviso government units
underscores this since the phraseology used was not “shall be
18

- absurd situation of having two sets of officials, a set of provincial - RA 6734 – ARMM
officials and another set of regional officials, 2 legislative bodies, 1. Basilan
exercising their executive and legislative powers over exactly the 2. Lanao del sur
same small area, too small population (11%) 3. Maguindanao
- Abbas is not applicable since the issue in Abbas is whether or not 4. Sulu
a province is included not whether a sole province can constitute 5. Tawi-tawi
an autonomous region. - The plebiscite will decide the following:
1. W/N there will be an autonomous region
Leonor vs Cordillera 2. Which provinces or cities shall comprise it
Facts: - One province cannot comprise an autonomous region since the
- Petitioners, spouses Leonor and Rosa Badua, allegedly own a region connotes two or more provinces
farm land in Lucaga, Abra. They were forcibly ejected from the - Organic acts are special statutes completed by plebiscite and
land by virtue of a "decision" of the Cordillera Bodong cannot be amended or repealed by ordinary statutes.
Administration
- Quema, as the owner of two parcels of land mortgaged to Dra. Cases
Erotida Valera. He was able to redeem the land long after the Pandi vs Comelec
mortgagee had already died and paid to mortgagee’s heir. Rosa Facts:
Badua, alleged that the land was sold to her by Dra. Erotida - Petition seeking the reversal of the decision of the Court of
Valera when she was still alive, deed of sale cannot be produced, Appeals which declared Saber entitled to the position of Officer-
as it was under custody of vice-governor Benesa in-Charge of the Integrated Provincial Health Office-Amai Pakpak
- Quema filed it in the tribal court favoring Quema. tribal court, or General Hospital ("IPHO-APGH" for brevity), Lanao del Sur
council of elders, is composed of prominent and respected - Macacua, Regional Director and secretary of the Department of
residents in the locality. It decides and settles all kinds of disputes Health of ARMM issued a Memorandum designating Pandi, who
more speedily than the regular courts, without the intervention was then DOH-ARMM Assistant Regional Secretary, as Officer-in-
of lawyers. Charge of the IPHO-APGH, Lanao del Sur. Sani was detailed to
Contention of respondents: DOH-ARMM Regional Office in Cotabato City. Governor Mahid
- the proceedings and decisions of the tribal courts are respected M. Mutilan issued Office Order No. 07 designating Saber also as
and obeyed by the parties and contented that the Supreme Court Officer-in-Charge of the IPHO-APGH, Lanao del Sur.
has no jurisdiction over the tribal courts because they are not a - Sani filed complaint with RTC challenging his transfer, contending
part of the judicial system that he is the holder of a permanent appointment
Issue: - Saber filed complaint with CA claiming that he is the lawfully
W/N tribal court of the Cordillera Bodong Administration can render designated Officer-in-Charge.
a valid and executory decision in a land dispute - President Fidel V. Ramos issued Executive Order No. 133
Ruling: transferring the powers and functions of the Department of
- Petition was granted. Health in the region to the Regional Government of the ARMM.
- In the plebiscite that was held on January 23, 1990 pursuant to Macacua issued a Memorandum reiterating Pandi’s designation
Republic Act 6766, the creation of the Cordillera Autonomous and Sani’s detail to the Regional Office. Complaints and motions
Region was rejected. EO 220 was declared null and void. were filed with CA. All were dismissed.
Cordillera Bodong Administration created under Section 13 of Ruling of CA:
Executive Order No. 220 do not legally exist. Maeng Tribal Court - Saber is the lawfully designated Officer-in-Charge since Governor
was not constituted into an indigenous or special court under Mahid Mutilan has the power and authority to appoint the
R.A. No. 6766. Hence, the Maeng Tribal Court is an ordinary tribal provincial health officer under LGC. Authority and power to
court existing under the customs and traditions of an indigenous appoint the Provincial Health Officer is vested by law in the
cultural community and not part of Philippine judicial system. Provincial Governor.
- decisions of a tribal court based on compromise or arbitration, - Mere devolution of the powers and functions of the DOH to the
as provided in P.D. 1508, may be enforced or set aside, in and ARMM does not authorize Dr. Macacua as Secretary make
through the regular courts today designation. Such is only administrative supervision and control
and other functions which do not in any manner relate to the
SECTION 19. The first Congress elected under this Constitution shall, power of appointment and designation.
within eighteen months from the time of organization of both - Organic Act of 1989 and the ARMM Local Code could not prevail
Houses, pass the organic acts for the autonomous regions in Muslim over the 1991 LGU Code. Section 18, Article VIII of the same
Mindanao and the Cordilleras. Organic Act provides that regional Governor shall have control
on executive, general supervision over LGUs and shall not
SECTION 20. Within its territorial jurisdiction and subject to the authorize the diminution of the powers and functions already
provisions of this Constitution and national laws, the organic act of enjoyed by LGUs.
autonomous regions shall provide for legislative powers over: - LGC limits the appointing power of the Provincial Governor to
1. Administrative organization; provincial officials and employees paid mainly from provincial
2. Creation of sources of revenues; funds refers to employees whose appointments are not
3. Ancestral domain and natural resources; otherwise provided in the Code. Since the provincial health
4. Personal, family, and property relations; officer is a mandatory appointive provincial officer, limitation
5. Regional urban and rural planning development; does not apply even salary came from national fund.
6. Economic, social, and tourism development; - Sani was merely on detail to the position and governor did not
7. Educational policies; appoint or designate Sani to the position
8. Preservation and development of the cultural heritage; and Issues:
9. Such other matters as may be authorized by law for the 1. W/N an incumbent provincial health officer of Lanao del Sur can
promotion of the general welfare of the people of the region. be assigned to another province and if so, who can order such
assignment
SECTION 21. The preservation of peace and order within the regions 2. who can designate the Officer-in-Charge, Provincial Governor or
shall be the responsibility of the local police agencies which shall be the ARMM Secretary of Health
organized, maintained, supervised, and utilized in accordance with 3. who is empowered to appoint the provincial health officer of
applicable laws. The defense and security of the regions shall be the Lanao del Sur - the Provincial Governor, the Regional Governor
responsibility of the National Government or the ARMM Secretary of Health
19

Ruling: - Emmanuel Piñol filed a petition seek to compel respondents


- Petition was granted. Saber’s appointment was declared void. (GRP Peace Panel and Presidential adviser, Hermogenes
Pandi’s appointment was upheld. Esperon,Jr) to disclose and furnish them the complete and
- EO 119 (the Minister of Health. 1984 LGC: PHO, national official official copies of the MOA-AD including its attachments, and to
appointed to the region) -> Organic Act of 1989 (Secretary of prohibit the slated signing of the MOA-AD, pending the
Health. 1984 LGC: PHO, provincial) ->Revised Administrative disclosure of the contents of the MOA-AD and the holding of a
Code (Secretary of Health) ->1991 LGU Code ->(Provincial public consultation thereon. Supplementarily, petitioners pray
governor if funds from provincial funds. PHO, provincial official) that the MOA-AD be declared unconstitutional. Various petitions
-> EO 133 (Regional government) -> ARMM Local Code (Regional were also filed praying for the same. Court ordered the
Governor appoints the provincial health officer from a list of consolidation of the petitions.
three recommendees of the Provincial Governor) -> Organic Act - MOA-AD includes not only four earlier agreements between the
of 2001 (Provincial Governor if salary from provincial funds, if GRP and MILF, but also two agreements between the GRP and
regional funds, Regional Governor among the nominees of the MNLF: the 1976 Tripoli Agreement, and the Final Peace
Provincial governor. Provincial official) Agreement on the Implementation of the 1976 Tripoli
- An ordinary statute, whether general or special, cannot amend Agreement
an organic act that provides for an autonomous region which - MOA-AD also identifies as TOR two local statutes - the organic
under the Constitution may only be created, and therefore act for the Autonomous Region in Muslim Mindanao (ARMM)25
changed, through a plebiscite called for the purpose. and the Indigenous Peoples Rights Act (IPRA)
- Section 526, which provides the application of LGC to - dar-ul-mua'hada (land of compact) and dar-ul-sulh (land of
autonomous region, however, should apply only to autonomous treaty), Dar-ul-aman (land of order)
regions created after the effectivity of the 1991 LGU Code - MOA-AD is divided into four strands:
- The appointing powers of the Regional Governor were those o Concepts and Principles – first nation
expressly granted to him under the Organic Act of 1989, as well o Territory – JBE covers ARMM, has jurisdiction on internal
as those that he might be granted pursuant to regional law. waters and joint jurisdiction on natural resources.
Power to appoint may be granted by the Regional Assembly, o Resources - BJE is free to enter into any economic
however, the assembly has not enacted a law authorizing the cooperation and trade relations with foreign countries and
Regional Secretary of Health to appoint provincial health officers. shall have the option to establish trade missions in those
It cannot be implied from the power of supervision and control. countries. The external defense of the BJE is to remain the
- Executive powers of the national government have been duty and obligation of the Central Government. The sharing
expressly devolved to Regional governor. between the Central Government and the BJE of total
- doubt as to the existence of the power shall be interpreted in production pertaining to natural resources is to be 75:25 in
favor of the local government unit concerned favor of the BJE
- passage of the ARMM Local Code the Regional Secretary of o Governance - MOA-AD binds the Parties to invite a
Health lost the authority to assign provincial health officers to multinational third-party to observe and monitor the
other provinces within the region implementation of the Comprehensive Compact.
- Organic Act of 2001 resolved the issue as to whether the Regional - Relationship of the Central Government and the BJE is
Government could reduce the share of local government units in "associative," characterized by shared authority and
national taxes as provided in the 1991 LGU Code, in favor of LGUs responsibility. And it states that the structure of governance is to
- At the time of appointment of Saber, funds were from national be based on executive, legislative, judicial, and administrative
funds, hence, it was the Secretary who has the authority to institutions with defined powers and functions in the
appoint. Comprehensive Compact
- PHO became a provincial government official only after the - BJE is granted the power to build, develop and maintain its own
effectivity of the ARMM Local Code in 1994. institutions inclusive of civil service, electoral, financial and
- Sani’s transfer: The Secretary of Health, upon recommendation banking, education, legislation, legal, economic, police and
of the Regional Director, could assign provincial health officers to internal security force, judicial system and correctional
any province within the region. Sani cannot claim any security of institutions
tenure as provincial health officer of Lanao del Sur because he Contention of respondents:
was never appointed to that office. Sani was first detailed by - MOA-AD is free of any legal infirmity because any provisions
Macacua prior the transfer of power to regional government. therein which are inconsistent with the present legal framework
The secretary still exercise the power, hence the transfer is void. will not be effective until the necessary changes to that
The second detailing was valid. framework are made
- First appointment of Macacua to Pandi is void since the Regional Contention of petitioners:
Secretary at that time did not yet exercise supervision and - powers granted to the BJE exceed those granted to any local
control over the provincial health offices of the ARMM. However, government under present laws, and even go beyond those of
the designation of Pandi on November 6, 1993 is valid since at the present ARMM
that time Executive Order No. 133 had already been issued Ruling (Procedural):
vesting in the Regional Secretary of Health supervision and 1. Ripeness - law or act in question is not yet effective does not
control over all functions and activities of the Department of negate ripeness. When an act of a branch of government is
Health in the ARMM. The designation of Pandi, however, while seriously alleged to have infringed the Constitution, it becomes
valid is only temporary in nature, good until a new designation not only the right but in fact the duty of the judiciary to settle the
or a permanent appointment is made dispute
2. Locus Standi – Sustained due to direct and substantial injury and
Province of North Cotabato vs Government of the Phil Peace Panel transcendental importance, public interest
Facts: 3. Mootness – Even the president has disbanded the GRP Peace
- Subject of these consolidated cases is the extent of the powers Panel, "moot and academic" principle not being a magical
of the President in pursuing the peace process. RP and MILF formula that automatically dissuades courts in resolving a case,
(headed by Salamat Hashim) to enter Memorandum of it will decide cases, otherwise moot and academic, if it finds that
Agreement on the Ancestral Domain (MOA-AD). (a) there is a grave violation of the Constitution;95 (b) the
- 1999-2000, President Joseph Estrada declared and carried out an situation is of exceptional character and paramount public
"all-out-war" against the MILF. Upon assumption of PGMA, interest is involved;96 (c) the constitutional issue raised requires
military offensive against the MILF was suspended and the formulation of controlling principles to guide the bench, the bar,
government sought a resumption of the peace talks and the public;97 and (d) the case is capable of repetition yet
20

evading review, (e) once a suit is filed and the doer voluntarily Peace Panel under E.O. No. 3, Sec. 4(a) that she herself does
ceases the challenged conduct and plaintiff seeks damages or not possess. President's power to conduct peace
prays for injunctive relief against the possible recurrence of the negotiations is implicitly included in her powers as Chief
violation Executive and Commander-in-Chief. As Chief Executive, the
Ruling (Substantive): President has the general responsibility to promote public
1. Violation on right to information - Section 7, Article III on the Bill peace, and as Commander-in-Chief, she has the more
of Rights – violated. It violates: specific duty to prevent and suppress rebellion and lawless
a. E.O. No. 3 itself is replete with mechanics for continuing violence. President - in the course of conducting peace
consultations on both national and local levels and for a negotiations - may validly consider implementing even those
principal forum for consensus-building policies that require changes to the Constitution, but she
b. Republic Act No. 7160 or the Local Government Code of may not unilaterally implement them without the
1991 requires all national offices to conduct consultations intervention of Congress (recommend proposed
before any project or program critical to the environment amendments or revision).
and human ecology including those that may call for the
eviction of a particular group of people residing in such
locality, is implemented therein LOCAL GOVERNMENT CODE OF 1991
c. Republic Act No. 8371 or the Indigenous Peoples Rights Act
of 1997 provides for clear-cut procedure for the recognition General Principles
and delineation of ancestral domain, which entails, among - Effectivity date: January 1, 1992, published in Malaya on October
other things, the observance of the free and prior informed 18, 1991.
consent of the Indigenous Cultural Communities/Indigenous - Definition of terms
Peoples o Government of the republic – corporate governmental entity
2. Violation of the provisions of the constitutions: through which the functions of government are exercised
- Association is formed when two states of unequal power throughout the Philippines, including, save as the contrary
voluntarily establish durable links. MOA-AD, it contains appears from the context, the various arms through which
many provisions which are consistent with the international political authority is made effective in the Philippines, whether
legal concept of association, however, concept of pertaining to autonomous, provincial, city or municipal or
association is not recognized under the present barangay subdivision or other form of local government
Constitution. No province, city, or municipality, not even the o National government – entire machinery of central government
ARMM, is recognized under our laws as having an o Local government – political subdivisions established by or in
"associative" relationship with the national government accordance with the constitution and constituted by law having
(associated entity implies state) substantial control of local affairs.
- BJE is not a mere expansion of ARMM. It is a state in all but - Declaration of Policy (Section 2)
name as it meets the criteria of a state laid down in the 1. Genuine and meaningful local autonomy
Montevideo Convention,154 namely, a permanent o Purpose – To enable LGUs to become self-reliant communities
population, a defined territory, a government, and a and to make them more effective partners in attainment of
capacity to enter into relations with other states national goals
- Parts of ARMM automatically part of the BJE without need o Even barangays are meant to possess it.
of another plebiscite, in contrast to the areas under 2. Accountability of LGUs through institution of effective
Categories A and B violates the constitution. These provinces mechanisms of recall, initiative and referendum
voted for ARMM not BJE. 3. Mandatory periodic consultations with LGUs, NGOs and other
- Treaty and foreign agreement, in BJE, granted, in our sectors of community.
constitutional system, it is only the President who has that o Both central and GOCCs
power
- Violation of section 22, article 2 on national unity. An SECTION 3. Operative Principles of Decentralization. – The
associative arrangement does not uphold national unity. The formulation and implementation of policies and measures on local
act of placing a portion of Philippine territory in a status autonomy shall be guided by the following operative principles:
which, in international practice, has generally been a a. There shall be an effective allocation among the different
preparation for independence is certainly not conducive to local government units of their respective powers, functions,
national unity. responsibilities, and resources;
- Violation of Organic Act: Respecting the IPRA, it lays down b. There shall be established in every local government unit an
the prevailing procedure for the delineation and recognition accountable, efficient, and dynamic organizational structure
of ancestral domains. The MOA-AD's manner of delineating and operating mechanism that will meet the priority needs
the ancestral domain of the Bangsamoro people is a clear and service requirements of its communities;
departure from that procedure c. Subject to civil service law, rules and regulations, local
- Notwithstanding the suspensive clause, however, officials and employees paid wholly or mainly from local
respondents, by their mere act of incorporating in the MOA- funds shall be appointed or removed, according to merit and
AD the provisions thereof regarding the associative fitness, by the appropriate appointing authority;
relationship between the BJE and the Central Government, d. The vesting of duty, responsibility, and accountability in local
have already violated the Memorandum of Instructions government units shall be accompanied with provision for
From The President dated March 1, 2001, which states that reasonably adequate resources to discharge their powers
the "negotiations shall be conducted in accordance with x x and effectively carry out their functions; hence, they shall
x the principles of the sovereignty and territorial integrity of have the power to create and broaden their own sources of
the Republic of the Philippines. Pursuant also to this revenue and the right to a just share in national taxes and an
suspensive stipulation, therefore, it is mandatory for the equitable share in the proceeds of the utilization and
GRP to effect the changes to the legal framework development of the national wealth within their respective
contemplated in the MOA-AD - which changes would include areas;
constitutional amendments e. Provinces with respect to component cities and
- GRP Peace Negotiating Panel to negotiate with the MILF is municipalities, and cities and municipalities with respect to
founded on E.O. No. 3, Section 5(c). The E.O. authorized component barangays, shall ensure that the acts of their
them to "think outside the box," so to speak. President component units are within the scope of their prescribed
herself may not exercise the power delegated to the GRP powers and functions;
21

f. Local government units may group themselves, consolidate c. The general welfare provisions in this Code shall be liberally
or coordinate their efforts, services, and resources for interpreted to give more powers to local government units in
purposes commonly beneficial to them; accelerating economic development and upgrading the
g. The capabilities of local government units, especially the quality of life for the people in the community;
municipalities and barangays, shall be enhanced by providing d. Rights and obligations existing on the date of effectivity of
them with opportunities to participate actively in the this Code and arising out of contracts or any other source of
implementation of national programs and projects; prestation involving a local government unit shall be
h. There shall be a continuing mechanism to enhance local governed by the original terms and conditions of said
autonomy not only by legislative enabling acts but also by contracts or the law in force at the time such rights were
administrative and organizational reforms; vested; and
i. Local government units shall share with the national e. In the resolution of controversies arising under this Code
government the responsibility in the management and where no legal provision or jurisprudence applies, resort may
maintenance of ecological balance within their territorial be had to the customs and traditions in the place where the
jurisdiction, subject to the provisions of this Code and controversies take place
national policies; - Rules of interpretations
j. Effective mechanisms for ensuring the accountability of local 1. Power of a local government unit shall be liberally
government units to their respective constituents shall be interpreted in its favor (vs national government) and in favor
strengthened in order to upgrade continually the quality of of devolution of powers and of the lower local government
local leadership; unit.
k. The realization of local autonomy shall be facilitated through 2. Tax ordinance or revenue measure - construed strictly
improved coordination of national government policies and against the local government unit enacting it, and liberally in
programs and extension of adequate technical and material favor of the taxpayer.
assistance to less developed and deserving local government 3. Any tax exemption, incentive or relief - construed strictly
units; against the person claiming it.
l. The participation of the private sector in local governance, 4. General welfare provisions (Sec 16) Liberally interpreted to
particularly in the delivery of basic services, shall be give more powers to local government units in accelerating
encouraged to ensure the viability of local autonomy as an economic development and upgrading the quality of life for
alternative strategy for sustainable development; and the people in the community;
m. The national government shall ensure that decentralization 5. Rights and obligations existing on the date of effectivity of
contributes to the continuing improvement of the this Code and arising out of contracts or any other source of
performance of local government units and the quality of prestation shall be respected
community life 6. Customs and traditions in the place where the controversies
- Principles in the constitution are not self-executing take place may be relied.
- Operative principles – Aim to guide officials in national government Customs – rule of conduct formed by repetition of acts,
involved in implementing the system of decentralization and to uniformly observed or practiced as a social rule, legally
give leverage to local officials to enable them to monitor and to binding and obligatory. It must be ruled as fact according to
some extent demand the implementation of decentralization. rules of evidence.
- Ecological balance – power to maintain and protect the ecology of Tradition – inherited principle, standard or practice or body
nation was lodged with the central government (DENR). Shared of principles, standards and practices serving as the
with LGU. established guide of an individual or group

SECTION 4. Scope of Application. – This Code shall apply to all General Powers and Attributes of Local Government Units
provinces, cities, municipalities, barangays, and other political
subdivisions as may be created by law, and, to the extent herein SECTION 6. Authority to Create Local Government Units. – A local
provided, to officials, offices, or agencies of the national government unit may be created, divided, merged, abolished, or its
government boundaries substantially altered either by law enacted by Congress
- Scope of Code in the case of a province, city, municipality, or any other political
1. Provinces subdivision, or by ordinance passed by the Sangguniang
2. Cities panlalawigan or sangguniang panlungsod concerned in the case of
3. Municipalities a barangay located within its territorial jurisdiction, subject to such
4. Barangays limitations and requirements prescribed in this Code
5. Other political subdivisions – meaning: those created by law - Pertains to a particular LGUs enumerated and not to add the list in
besides those enumerated, including the autonomous region. the constitution.
6. Officials, officers or agencies of national government – those - Purpose of creation/conversion – assure economic viability
personnel and functions are devolved to appropriate LGUs (DOH, - Mandatory requisite is the plebiscite – it affects the people
DOA, DSWD, DOT, DILG, DENR) - Cordillera Administrative Region – valid since it is not is juridical,
but merely for planning and implementation of programs and
SECTION 5. Rules of Interpretation. – In the interpretation of the services in the covered area.
provisions of this Code, the following rules shall apply: - Authority to create and abolish municipal corporations is
a. Any provision on a power of a local government unit shall be essentially legislative in nature
liberally interpreted in its favor, and in case of doubt, any
question thereon shall be resolved in favor of devolution of SECTION 7. Creation and Conversion. – As a general rule, the
powers and of the lower local government unit. Any fair and creation of a local government unit or its conversion from one level
reasonable doubt as to the existence of the power shall be to another level shall be based on verifiable indicators of viability
interpreted in favor of the local government unit concerned; and projected capacity to provide services, to wit:
b. In case of doubt, any tax ordinance or revenue measure shall a. Income. – It must be sufficient, based on acceptable
be construed strictly against the local government unit standards, to provide for all essential government facilities
enacting it, and liberally in favor of the taxpayer. Any tax and services and special functions commensurate with the
exemption, incentive or relief granted by any local size of its population, as expected of the local government
government unit pursuant to the provisions of this Code shall unit concerned;
be construed strictly against the person claiming it.
22

b. Population. – It shall be determined as the total number of 4. Plebiscite upon the effectivity of the law creating a province,
inhabitants within the territorial jurisdiction of the local conducted by the COMELEC within one hundred twenty (120)
government unit concerned; and days or within the period specified in the law. Intensive
c. Land Area. – It must be contiguous, unless it comprises two information campaign in the LGUs concerned at least twenty
(2) or more islands or is separated by a local government unit (20) days prior to the plebiscite.
independent of the others; properly identified by metes and 5. Beginning of corporate existence upon the election and
bounds with technical descriptions; and sufficient to provide qualification of its governor and a majority of the members of
for such basic services and facilities to meet the requirements its sanggunian unless some other time is fixed therefore by the
of its populace. law creating it
Compliance with the foregoing indicators shall be attested to by the b. City
Department of Finance (DOF), the National Statistics Office (NSO), 1. Submission of Petition/resolution by Interested municipalities
and the Lands Management Bureau (LMB) of the Department of or barangays of their respective sanggunians requesting the
Environment and Natural Resources (DENR). creation of a new city to the Congress, and furnish copies
- General Requirements to create an LGU thereof to the sangguniang panlalawigan or sangguniang
1. Income – includes any income accruing to general fund excluding panlungsod of the LGUs concerned.
special funds, special accounts transfers and non-recurring 2. Comments/recommendation on petition by the sangguniang
income panlalawigan or sangguniang panlungsod
2. Population – as certified by NSO 3. Documents to support petition
3. Land Area – as certified by LMB  Certification by DOF that the average annual income of the
o excluding sea proposed city meets the minimum income requirement
o Requirements:  Certification by NSO as to population of the proposed city
a. Must be contiguous except:  Certification by LMB that the land area of the proposed city
When local government being created comprises of two or meets the minimum land area requirement
more islands  Map prepared by engineer of the original LGU or LGUs,
Separated by LGU independent of others (ex: CDO separates indicating the areas to be created into a city.
the province of misamis eastern and western)  Certification by LMB that disposable and alienable public
b. Properly identified by metes and bounds with technical lands are available in the area to be created into a city
descriptions; sufficient to meet its growing population and the following
c. sufficient to provide for such basic services and facilities to purposes:
meet the requirements of its populace o Government center site of not less than ten thousand
- Specific Requirements to create an LGU (10,000) square meters which shall include the city hall
site and those of other government buildings;
o Market site of not less than ten thousand (10,000) square
meters, located out of view of the city hall, schools, plaza,
and cemetery and near but not along a provincial road,
railroad station, navigable river, or sea;
o Plaza or park of not less than ten thousand (10,000)
square meters located preferably in front of the city hall;
o School site of not less than ten thousand (10,000) square
meters, in well-drained location that conforms with the
requirements prescribed by public school authorities; and
o Cemetery site of not less than five thousand (5,000)
square meters for every ten thousand (10,000) population
which conforms with the requirements prescribed by the
health authorities;
 Number and nature of existing and commercial
- Congressional Power to create LGUs establishments in the territory of the proposed city as
o Sanggunian may send petitions to propose creations. certified by NSO
- Procedure in Creating:  Sources of potable water supply for the inhabitants as
a. Province (Sec 9) certified by the Local Water Utilities Administration (LWEI)
1. Submission by Interested municipalities or component of the or the Metropolitan Waterworks and Sewerage System
petition/resolution, of their respective sanggunians requesting (MWSS), as the case may be;
the creation of a new city to the Congress, and furnish copies  Facilities, plans, and site for sewerage, garbage and waste
thereof to the sangguniang panlalawigan of the original disposal as certified by the local engineer; and
province or provinces.  Such other information that the petitioners may deem
2. Comments and recommendations on petition by the relevant for consideration in the petition.
sangguniang panlalawigan of the original province or provinces 4. Plebiscite upon the effectivity of the law creating a province,
submitted to the Congress. conducted by the COMELEC within one hundred twenty (120)
3. Documents to support petition: days or within the period specified in the law. Intensive
 Certification by DOF that the average annual income of the information campaign in the LGUs concerned at least twenty
proposed province meets the minimum income (20) days prior to the plebiscite.
requirement and that its creation will not reduce the income 5. Beginning of corporate existence upon the election and
based on 1991 constant prices, of the original LGU or LGUs qualification of its mayor and a majority of the members of its
to less than the prescribed minimum; sanggunian, unless some other time is fixed therefore by the
 Certification by the NSO as to population law creating it
 Certification by LMB that the land area of the proposed c. Municipality
province meets the minimum land area requirement; 1. Submission of Petition/resolution by Interested barangays of
 Map prepared by the provincial, city, or district engineer of their respective sanggunians requesting the creation of a new
the original LGU or LGUs, indicating the areas to be created municipality to the Congress, and furnish copies thereof to the
into a province. sangguniang panlalawigan, sangguniang panlungsod, or
 Such other relevant information. sangguniang bayan of the LGUs concerned.
23

2. Submission of Comments/recommendations on petition by (20) days after receipt of said petition or resolution which shall
The sangguniang panlungsod or sangguniang bayan, together serve as basis for recommending appropriate action thereon
with the sangguniang panlalawigan, to the Congress to the sangguniang panlalawigan.
3. Documents to support petition 4. Action on petition by the sangguniang panlalawigan or
 Certification by the provincial treasurer, in the case of sangguniang panlungsod within fifteen (15) days from
municipalities and component cities, and the city treasurer, submission
in the case of highly-urbanized cities, that the average 5. The ordinance granting the petition creating a new barangay
annual income of the proposed municipality meets the shall be approved by two-thirds (2/3) of all the members of the
minimum income requirement sangguniang panlalawigan or sangguniang panlungsod.
 Certification by NSO as to population of the proposed 6. Submission of ordinance to the COMELEC within thirty (30)
municipality days before the plebiscite by the secretary to the sangguniang
 Certification by the LMB that the land area of the proposed panlalawigan or sangguniang panlungsod
municipality meets the minimum land area requirement 7. Conduct of information campaign —
 Map of the original LGU or LGUs, indicating the areas to be 8. Submission of plebiscite results — At least seven (7) days after
created into a municipality. the conduct of the plebiscite, the city or municipality
 Certification by LMB that disposable and alienable public concerned shall submit the Certificates of Canvass of Votes
lands are available in the area to be created into a Cast, Statement of Affirmative and Negative Votes,
municipality sufficient to meet its growing population and Abstentions Cast in every voting center as well as the
the following purposes: provincial or city ordinance creating the barangay to the
o Government center site of not less than five thousand COMELEC and DILG central office for inclusion in the Official
(5,000) square meters which shall include the municipal Masterlist of Barangays.
hall site and those of other government buildings; 9. Beginning of corporate existence upon the election and
o Market site of not less than five thousand (5,000) square qualification of its punong barangay and a majority of the
meters, located out of view of the municipal hall, schools, members of its sanggunian unless some other time is fixed
plaza, and cemetery and near but not along a provincial therefore by the law or ordinance creating it.
road, railroad station, navigable river, or sea; 10. Financial requirement shall be the responsibility of the LGU
o Plaza or park of not less than five thousand (5,000) square concerned.
meters located preferably in front of the municipal hall; 11. Consolidation plan of barangays submitted to the
o School site of not less than five thousand (5,000) square sangguniang panlalawigan or sangguniang panlungsod for
meters, in well-drained location that conforms with the appropriate action
requirements prescribed by public school authorities; and - Petitions not absolute requirement except for creation of
o Cemetery site of not less than five thousand (5,000) barangays by Sanguniaang Panlalawigan
square meters for every ten thousand (10,000) population - Plebiscite an absolute requirement the result of which must be
which conforms with the requirements prescribed by submitted within 7 days after its holding to DILG.
health authorities. - Conversion – elevation of LGU from one level to another
 Number and nature of existing industrial and commercial - Conversion requirement, same as the creation requirements
establishments in the territory of the proposed municipality
as certified by NSO; SECTION 8. Division and Merger. – Division and merger of existing
 Sources of potable water supply for the inhabitants as local government units shall comply with the same requirements
certified by LWUA or MWSS, as the case may be; herein prescribed for their creation: Provided, however, That such
 Facilities, plans, and site for sewerage, garbage and waste division shall not reduce the income, population, or land area of the
disposal as certified by the local engineer; and local government unit or units concerned to less than the minimum
 Such other information. requirements prescribed in this Code: Provided, further, That the
4. Plebiscite upon the effectivity of the law creating a province, income classification of the original local government unit or units
conducted by the COMELEC within one hundred twenty (120) shall not fall below its current income classification prior to such
days or within the period specified in the law. Intensive division.
information campaign in the LGUs concerned at least twenty The income classification of local government units shall be updated
(20) days prior to the plebiscite. within six (6) months from the effectivity of this Code to reflect the
5. Beginning of corporate existence upon the election and changes in their financial position resulting from the increased
qualification of its mayor and a majority of the members of its revenues as provided herein
sanggunian, unless some other time is fixed therefore by the
law creating it SECTION 9. Abolition of Local Government Units. – A local
d. Baranggay government unit may be abolished when its income, population, or
1. Submission of written petition of a majority of the registered land area has been irreversibly reduced to less than the minimum
voters residing in the area sought to be created or resolutions standards prescribed for its creation under Book III of this Code, as
of the sangguniang barangays desiring to be merged, shall be certified by the national agencies mentioned in Section 7 hereof to
presented to the sangguniang panlalawigan, upon Congress or to the sanggunian concerned, as the case may be.
recommendation of the sangguniang bayan concerned, or to The law or ordinance abolishing a local government unit shall
the sangguniang panlungsod, for appropriate action. In the specify the province, city, municipality, or barangay with which the
case of municipalities within MMA, a similar petition or local government unit sought to be abolished will be incorporated
resolution shall be presented to the Congress, upon or merged
recommendation of the sangguniang bayan concerned. - LGU may be abolished when 3 factors are irreversibly reduced.
2. Documents to support petition - Abolition may be done:
 Certification by NSO as to the population of the proposed o All except barangay – by congress
barangay o Barangay – Sangguniang panlalawigan or panlungsod
 Map of the original barangay or barangays indicating the - When abolished, required to specify with which the abolished unit
areas to be created into a new barangay and technical will be incorporated or merged.
description certified by LMB or city or municipal assessor, as
the case may be. SECTION 10. Plebiscite Requirement. – No creation, division,
3. Submission of Comments on petition by sangguniang merger, abolition, or substantial alteration of boundaries of local
barangay of the original barangay or barangays as required by government units shall take effect unless approved by a majority of
the presiding officer of the sangguniang bayan within twenty the votes cast in a plebiscite called for the purpose in the political
24

unit or units directly affected. Said plebiscite shall be conducted by  Province


the Commission on Elections (COMELEC) within one hundred 1. Agricultural extension and on-site research services and
twenty (120) days from the date of effectivity of the law or facilities
ordinance effecting such action, unless said law or ordinance fixes 2. Industrial research and development services, as well as the
another date transfer of appropriate technology;
- The plebiscite must be all the unit affected 3. Community-based forestry projects, pollution control law,
- Forming of administrative regions don’t need plebiscite since it is small-scale mining law, and other laws on the protection of
not territorial and political subdivisions. the environment; and mini-hydro electric projects for local
purposes;
4. Health services which include hospitals and other tertiary
- Beginning of Corporate Existence health services
 General Rule: Commence upon the election and qualification of 5. Social welfare services
its chief executive and a majority of the members of its 6. Provincial buildings, provincial jails, freedom parks and other
sanggunian public assembly areas, and other similar facilities;
 Exception: Some other time is fixed therefor by the law or 7. Infrastructure facilities intended to service the needs of the
ordinance creating it. residents of the province and which are funded out of
- General Welfare provincial funds
 Powers of Local Government 8. Programs and projects for low-cost housing and other mass
1. Powers expressly granted dwellings, except those funded by the Social Security System
2. Those necessarily implied therefrom (SSS), Government Service Insurance System (GSIS), and the
3. Those necessary, appropriate, or incidental for its efficient Home Development Mutual Fund (HDMF):
and effective governance 9. Investment support services, including access to credit
4. Those which are essential to the promotion of the general financing;
welfare. 10. Upgrading and modernization of tax information and
 Duties: collection services through the use of computer hardware
1. Preservation and enrichment of culture and software and other means;
2. Promote health and safety 11. Inter-municipal telecommunications services, subject to
3. Enhance the right of the people to a balanced ecology national policy guidelines; and
4. Encourage and support the development of appropriate and 12. Tourism development and promotion programs;
self-reliant scientific and technological capabilities  For a City
5. Improve public morals 1. All the services and facilities of the municipality and province
6. Enhance economic prosperity and social justice 2. Adequate communication and transportation facilities;
7. Promote full employment among their residents 3. Support for education, police and fire services and facilities.
8. Maintain peace and order - Cases:
9. Preserve the comfort and convenience of their inhabitants.  For an ordinance to be valid:
- Basic Services and Facilities 1. Must not contravene the constitution or statute
 For a Barangay 2. Must not be unfair or oppressive
1. Agricultural support services 3. Must not be partial or discriminatory
2. Health and social welfare services 4. Must not prohibit, but merely regulate
3. Services and facilities related to general hygiene and 5. Must not be unreasonable
sanitation, beautification, and solid waste collection; 6. Must be general in application and not discriminatory
4. Maintenance of katarungang pambarangay;
5. Maintenance of barangay roads and bridges and water - Devolution - the act by which the national government confers
supply systems power and authority upon the various local government units to
6. Infrastructure facilities such as multi- purpose hall, perform specific functions and responsibilities.
multipurpose pavement, plaza, sports center, and other - Power to Generate and Apply Resources
similar facilities; 1. Power and authority to establish an organization
7. Information and reading center; 2. To create their own sources of revenue and to levy taxes, fees,
8. Satellite or public market, where viable; and charges
 For a municipality 3. To have a just share in national taxes which shall be
1. Extension and on-site research services and facilities related automatically and directly released to them without need of
to agriculture and fishery activities any further action;
2. Integrated social forestry programs and similar projects; 4. To have an equitable share in the proceeds from the utilization
3. Health services and development of the national wealth and resources within
4. Social welfare services their respective territorial jurisdictions including sharing the
5. Information services same with the inhabitants by way of direct benefits;
6. Solid waste disposal system or environmental management 5. To acquire, develop, lease, encumber, alienate, or otherwise
system and services or facilities related to general hygiene dispose of real or personal property held by them in their
and sanitation; proprietary capacity
7. Municipal buildings, cultural centers, public parks including - Eminent Domain
freedom parks, playgrounds, and sports facilities and  Requisites
equipment, and other similar 1. For public use, or purpose, or welfare for the benefit of the
8. facilities; poor and the landless
9. Infrastructure facilities intended primarily to service the 2. Payment of just compensation - determined by the proper
needs of the residents of the municipality and which are court, based on the fair market value at the time of the taking
funded out of municipal funds of the property.
10. Public markets, slaughterhouses and other municipal 3. Valid and definite offer has been previously made to the
enterprises; owner, and such offer was not accepted
11. Public cemetery;  LGU may immediately take possession of the property upon the
12. Tourism facilities and other tourist attractions filing of the expropriation proceedings and upon making a
13. Sites for police and fire stations and substations and the deposit with the proper court of at least fifteen percent (15%) of
municipal jail;
25

the fair market value of the property based on the current tax 1. To have continuous succession in its corporate name;
declaration of the property to be expropriated 2. To sue and be sued;
- Conversion of Lands 3. To have and use a corporate seal;
 Reclassification of Lands as to Kind 4. To acquire and convey real or personal property;
 Kinds of Land 5. To enter into contracts; and
1. Agricultural 6. To exercise such other powers as are granted to corporations,
2. Forest or Timber subject to the limitations provided in this Code and other laws.
3. Mineral - Immunity from suit
4. Natural Parks  National government – cannot be sued without its consent
 Exercised by the President/Executive  Local government – Suable as part of its corporate powers
- Reclassification of Lands - Liability for Damages
 Reclassification of Lands as to Use  Local government units and their officials are not exempt from
1. Commercial liability for death or injury to persons or damage to property
2. Residential - Unless otherwise provided in this Code, contract may be entered
3. Industrial into by the local chief executive in behalf of the local government
4. Agricultural unit without prior authorization by the sanggunian concerned. A
 Reclassification of agricultural lands legible copy of such contract shall be posted at a conspicuous place
1. A city or municipality through an ordinance passed by the in the provincial capitol or the city, municipal or barangay hall.
sanggunian - Local government units shall enjoy full autonomy in the exercise of
2. After conducting public hearings for the purpose their proprietary functions and in the management of their
3. In the following cases economic enterprises
a. When the land ceases to be economically feasible and
sound for agricultural purposes as determined by the INTERGOVERNMENTAL RELATIONS
Department of Agriculture or - National Supervision over Local Government Units
b. Where the land shall have substantially greater economic  President shall exercise general supervision over local
value for residential, commercial, or industrial purposes, government units to ensure that their acts are within the scope
as determined by the sanggunian concerned: of their prescribed powers and functions.
4. Limited to the following percentage of the total agricultural o Directly over provinces, highly urbanized cities, and
land area at the time of the passage of the ordinance independent component cities
a. For highly urbanized and independent component cities, o Through the province with respect to component cities and
fifteen percent (15%); municipalities
b. For component cities and first to third class municipalities, o Through the city and municipality with respect to barangays.
ten percent (10%); and  National agencies and offices with project implementation
c. For fourth to sixth class municipalities, five percent (5%): functions shall coordinate with one another and with the local
 President may, when public interest so requires and upon government units
recommendation of the National Economic and Development  National agencies and offices including government-owned or -
Authority, authorize a city or municipality to reclassify lands in controlled corporations with field units or branches in a province,
excess of the limits set city, or municipality shall furnish the local chief executive
- Closure and Opening of Roads concerned, for his information and guidance, monthly reports
 Pursuant to an ordinance, permanently or temporarily close or including duly certified budgetary allocations and expenditures.
open any local road, alley, park, or square falling within its  Prior Consultations Required.- No project or program shall be
jurisdiction implemented by government authorities unless the
 For permanent closure: consultations and prior approval of the sanggunian concerned is
o Requisites obtained:
1. Ordinance must be approved by at least two-thirds (2/3) of - Relations with the Philippine National Police – governed by DILG
all the members of the sanggunian Act of 1990", and the rules and regulations issued pursuant
2. When necessary, an adequate substitute for the public thereto.
facility that is subject to closure is provided. - Inter-Local Government Relations
3. Provisions for the maintenance of public safety therein.  Review of Executive Orders
o A property thus permanently withdrawn from public use may o Governor shall review all executive orders promulgated by the
be used or conveyed for any purpose for which other real component city or municipal Mayor within his jurisdiction.
property belonging to the local government unit concerned o The city or municipal Mayor shall review all executive orders
may be lawfully used or conveyed promulgated by the punong barangay within his jurisdiction.
o No freedom park shall be closed permanently without o Copies of such orders shall be forwarded within three (3) days
provision for its transfer or relocation to a new site. from their issuance.
 For temporary closure o Failure to act on said executive orders within thirty (30) days
o During an actual emergency, or fiesta celebrations, public after their submission, the same shall be deemed consistent
rallies, agricultural or industrial fairs, or an undertaking of with law and therefore valid.
public works and highways, telecommunications, and  City and Municipal Supervision over Their Respective Barangays.
waterworks projects - General supervision
 Duration shall be specified by the local chief executive
concerned in a written order ELECTIVE OFFICIALS
o local street, road, thoroughfare, or any other public place - Qualifications:
where shopping malls, Sunday, flea or night markets, or 1. Citizen of the Philippines;
shopping areas may be established and where goods, 2. A registered voter in the barangay, municipality, city, or
merchandise, foodstuffs, commodities, or articles of province or, in the case of a member of the sangguniang
commerce may be sold and dispensed to the general public panlalawigan, sangguniang panlungsod, or sanggunian bayan,
 There must be duly enacted ordinance the district where he intends to be elected;
o Not allowed for athletic, cultural, or civic activities not officially 3. A resident therein for at least one (1) year immediately
sponsored, recognized, or approved by the local government preceding the day of the election
unit concerned. 4. Able to read and write Filipino or any other local language or
- Corporate Powers dialect.
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5. At least twenty-three (23) years of age on election day interruption in the continuity of service for the full term for
 Governor which the elective official concerned was elected.
 Vice- governor  The term of office of barangay officials and members of the
 Member of the sangguniang panlalawigan sangguniang kabataan shall be for three (3) years
 Mayor - Permanent Vacancies in the Offices of the Governor, Vice-
 Vice-mayor Governor, Mayor, and Vice-Mayor
 Member of the sangguniang panlungsod of highly urbanized  If a permanent vacancy occurs in the office of the governor or
cities Mayor - the vice-governor or vice-mayor
6. at least twenty-one (21) years of age on election day  If a permanent vacancy occurs in the offices of the governor,
 Mayor vice-governor, Mayor, or vice-mayor - the highest ranking
 vice-mayor of independent component cities, component sanggunian member or, in case of his permanent inability, the
cities, or municipalities second highest ranking sanggunian member
7. at least eighteen (18) years of age on election day  Subsequent vacancies in the said office shall be filled
 Member of the sangguniang panlungsod or sangguniang automatically by the other sanggunian members according to
bayan their ranking as defined herein.
 Punong barangay - Permanent vacancy in the office of the punong barangay - the
 Member of the sangguniang barangay highest ranking sanggunian barangay member or, in case of his
- Disqualifications permanent inability, the second highest ranking sanggunian
1. Those sentenced by final judgment for an offense involving member
moral turpitude or for an offense punishable by one (1) year or - A tie between or among the highest ranking sanggunian members
more of imprisonment, within two (2) years after serving shall be resolved by the drawing of lots.
sentence; - The successors shall serve only the unexpired terms of their
2. Those removed from office as a result of an administrative predecessors.
case; - Permanent vacancy - elective local official fills a higher vacant
3. Those convicted by final judgment for violating the oath of office, refuses to assume office, fails to qualify, dies, is removed
allegiance to the Republic; from office, voluntarily resigns, or is otherwise permanently
4. Those with dual citizenship; incapacitated to discharge the functions of his office.
5. Fugitives from justice in criminal or non-political cases here or - Ranking in the sanggunian - determined on the basis of the
abroad; proportion of votes obtained by each winning candidate to the
6. Permanent residents in a foreign country or those who have total number of registered voters in each district in the
acquired the right to reside abroad and continue to avail of the immediately preceding local election.
same right after the effectivity of this Code; - Permanent Vacancies in the Sanggunian
7. The insane or feeble-minded  Where automatic successions provided above do not apply
- Manner of Election  The President, through the Executive Secretary, in the case of
 Elected at large in their respective units the sangguniang panlalawigan and the sangguniang
1. Governor panlungsod of highly urbanized cities and independent
2. Vice- governor component cities;
3. City Mayor  The governor, in the case of the sangguniang panlungsod of
4. City vice-mayor component cities and the sangguniang bayan;
5. Municipal Mayor  The city or municipal Mayor, in the case of sangguniang
6. Municipal vice-mayor barangay, upon recommendation of the sangguniang
7. Punong barangay barangay concerned.
8. Sangguniang barangay members  Except for the sangguniang barangay, only the nominee of the
 Elected by district, as may be provided for by law political party under which the sanggunian member concerned
1. Regular members of the sangguniang panlalawigan, had been elected and whose elevation to the position next
sangguniang panlungsod, and sangguniang bayan higher in rank created the last vacancy in the sanggunian shall be
 The presidents of the leagues of sanggunian members of appointed
component cities and municipalities shall serve as ex officio  The appointee shall come from the same political party as that of
members of the sangguniang panlalawigan concerned. the sanggunian member who caused the vacancy and shall serve
 The presidents of the liga ng mga barangay and the pederasyon the unexpired term of the vacant office.
ng mga sangguniang kabataan elected by their respective  A nomination and a certificate of membership of the appointee
chapters, as provided in this Code, shall serve as ex officio from the highest official of the political party concerned are
members of the sangguniang panlalawigan, sangguniang conditions sine qua non
panlungsod, and sangguniang bayan.  In case the permanent vacancy is caused by a sanggunian
 Sectoral representatives member who does not belong to any political party, the local
1. sectoral representative from the women chief executive shall, upon recommendation of the sanggunian
2. from the workers concerned, appoint a qualified person
3. from any of the following sectors: the urban poor, indigenous - Temporary Vacancy in the Office of the Local Chief Executive
cultural communities, disabled persons, or any other sector as  Governor, city or municipal Mayor, or punong barangay - vice-
may be determined by the sanggunian concerned within governor, city or municipal vice-mayor, or the highest ranking
ninety (90) days prior to the holding of the next local elections, sangguniang barangay
as may be provided for by law.  All powers
- Date of Election - Unless otherwise provided by law, the elections  Except the power to appoint, suspend, or dismiss employees if
for local officials shall be held every three (3) years on the second vacancy is 30 days or shorter
Monday of May.  Including the power to appoint, suspend, or dismiss employees
- Term of Office if exceeds thirty (30) working days.
 All local elective officials - three (3) years, starting from noon of  Temporary incapacity shall terminate upon submission to the
June 30, 1992 or such date as may be provided for by law, except appropriate sanggunian of a written declaration by the local chief
that of elective barangay officials: executive concerned that he has reported back to office or that
 No local elective official shall serve for more than three (3) legal causes no longer exist.
consecutive terms in the same position. Voluntary renunciation
of the office for any length of time shall not be considered as an
27

 OIC designated in writing - traveling within the country but


outside his territorial jurisdiction for a period not exceeding
three (3) consecutive days
 No OIC designated - the vice-governor, the city or municipal vice-
mayor, or the highest ranking sangguniang barangay member,
assuming the office on the fourth (4th) day of absence
 Except as provided above, the local chief executive shall in no
case authorize any local official to assume the powers, duties,
and functions of the office, other than the vice-governor, the city
or municipal vice- Mayor, or the highest ranking sangguniang
barangay member, as the case may be.
- Approval of Leaves of Absence
 Governor and the Mayor of a highly urbanized city or an
independent component city - approved by the President or his
duly authorized representative;
 Vice-governor or a city or municipal vice-mayor - approved by the
local chief executive concerned
 Members of the sanggunian and its employees - approved by the
vice-governor or city or municipal vice- mayor concerned;
 Component city or municipal Mayor - approved by the governor
 Punong barangay - approved by the city or municipal mayor
 Sangguniang barangay members - approved by the punong
barangay.
LOCAL LEGISLATION
- Local Legislative Power
 Sangguniang panlalawigan for the province;
 Sangguniang panlungsod for the city;
 Sangguniang bayan for the municipality;
 Sangguniang barangay for the barangay.
- Presiding officers - The presiding officer shall vote only to break a
tie.
 The vice-governor shall be the presiding officer of the
sangguniang panlalawigan;
 the city vice-mayor, of the sangguniang panlungsod;
 the municipal vice-mayor, of the sangguniang bayan
 punong barangay, of the sangguniang barangay.
- Inability of the regular Presiding officer - members present and
constituting a quorum shall elect from among themselves a
temporary presiding officer. He shall certify within ten (10) days
from the passage of ordinances enacted and resolutions adopted
by the sanggunian in the session over which he temporarily
presided.cralaw
- Approval of Ordinances
Ordinance enacted by the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan shall be presented to the
provincial governor or city or municipal mayor, as the case may be.
(Sanggunian may override the veto by two-thirds (2/3) vote of all
its members)
Veto shall be communicated within fifteen (15) days in the case of
a province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had
signed it.
Ordinances enacted by the sangguniang barangay shall, upon
approval by the majority of all its members, be signed by the
punong barangay.
- Review of Component City and Municipal Ordinances or
Resolutions by the Sangguniang Panlalawigan which may declare
such ordinance or resolution invalid in whole or in part.