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APOCRYPHAL MAGGOTS.
Chapter 6 LEAGUES OF PROVINCES, CITIES AND Sec12. Relationship of the Department with the
MUNICIPALITIES Department of National Defense. — During a
period of twenty-four (24) months from the
Sec19. Leagues of Provinces, Cities and effectivity of this Act, the Armed Forces of the
Municipalities Philippines (AFP) shall continue its present role of
preserving the internal and external security of the
State: Provided, That said period may be extended
by the President, if he finds it justifiable, for another
RA 6975: An Act Establishing The Philippine period not exceeding twenty-four (24) months, after
National Police Under A Reorganized which, the Department shall automatically take over
Department Of The Interior And Local from the AFP the primary role of preserving internal
Government, And For Other Purposes security, leaving to the AFP its primary role of
preserving external security. However, even after
CHAPTER I: The Department Of The Interior And the Department has assumed primary responsibility
Local Government on matters affecting internal security, including the
suppression of insurgency, and there are serious
Sec4. The Department of the Interior and Local threats to national security and public order, such
Government. — …the Department of Local as where insurgents have gained considerable
Government is hereby reorganized into the foothold in the community thereby necessitating the
Department of the Interior and Local Government, employment of bigger tactical forces and the
… in accordance with the provisions of this Act. utilization of higher caliber armaments and better
armored vehicles, the President may, upon
Sec5. Powers and Functions of the Department. — recommendation of the peace and order council,
… the Department shall continue to exercise the call upon the Armed Forces of the Philippines to
powers and functions of the Department of Local assume the primary role and the Philippine
Government in addition to the powers and functions National Police (PNP) to play the supportive role in
as herein provided. the area concerned.
2. Effectivity Date: Under Section 536, the code Powers LGUs may exercise:
shall take effect on January 1, 1992, after its
complete publication in at least one newspaper of 1) those expressly conferred
general circulation (Malaya)
2) those implied from those expressly granted
3. Defn of Local Government Unit: is a political
subdivision of a nation or state which is 3) those necessary, appropriate, or incidental
constituted by law and has substantial control of for efficient and effective governance
local affairs
4) essential to the promotion of the general
Section 2 welfare of their inhabitants
Comments:
1. Reiteration of Constitutional Policies: It was 6. Accountable Local Officials: this section
the intent of Congress that LGUs shall possess emphasizes that local govt officials must be
genuine and meaningful local autonomy to accountable for their acts, otherwise they can be
accelerate their fullest development as self-reliant recalled even during their term.
communities and make them more effective
partners in the attainment of national goals 7. Initiative, Referendum, and Recall: These new
powers are now available to the people, being
2. Spirit of Liberty in Local Autonomy: Supreme exercised by registered voters residing within a
Court ruled in the case of San Juan v Civil territory of an LGU under the circumstances
Service Commission (196 SCRA 69) that the provided by the code.
national officials should not only comply with the
constitutional provisions on local autonomy but 8. Consultation Required: consultation is now
should also appreciate the spirit of liberty upon required before any project is implemented, not
which these provisions are based only with the LGUs but also with the NGOs and
People's Organizations.
3. Meaning of Autonomy: came from the Greek
language which means to live under one's own 9. Mandatory Consultations: Not only central
laws. Applied to the Philippine situation, it means government agencies but even government
the power of local government units to enjoy owned or controlled corporations should undergo
limited self-government as defined by law. such consultations (Art 54, Rules Implementing
the Local Government Code of 1991)
4. Decentralization: The principle of autonomy
does not make local govt's sovereign within the 10. Ecology and Environment: The maintenance
state. It simply means decentralization (Basco v and preservation of a sound ecological balance
PAGCOR). It is a means to wean LGUs from and clean environment are salient concerns in
overdependence on the central government the code, tempering modernization and
However, Decentralization is more akin to development.
"Deconcentration" whereby central government
offices are transferred to regions but remain
under control of the central govt. Example: De Leon vs. Esguerra (1987)
regional offices
Facts:
5. Devolution: this is the term that more closely
Pursuant to the Barangay Elections Act of
approximates what the Local Government Code
1982,barangay elections were held and De Leon was Held: The DBM cannot appoint anyone it wants when
elected as barangay captain, while other petitioners the recomendee of the Governor is unqualified.
were elected as barangay councilmen. De Leon
received a memorandum antedated Dec 1, 1986 but The issue involves the application of a most
signed by OIC Governor Esguerra on Feb 8, 1987 important constitutional policy and principle, that of
designating Magno as Brgy Capt of Brgy Dolores. a local autonomy. The clear mandate on local
similar memorandum was signed by the OIC autonomy must be obeyed. Where a law is capable
Governor for the replacement of the councilmen of of two interpretations, one in favor of centralized
Brgy Dolores. Petitioners want these memoranda power in Malacañang and the other beneficial to
declared null and void because there term has not local autonomy, the scales must be weighed in
yet ended and becaue of the ratification of the 1987 favor of autonomy.
Const, OIC had no longer authority to replace them The exercise by local gov’t of meaningful power has
Repsondents aver that the terms of office of elective been a goal since the turn of the century.
and appointive officials were abolished and that
When CSC interpreted the recommending power of
petitioners continued in office by virtue of a holdover
the Provincial Governor as purely directory, it went
capacity and not because their term of 6 years had
against the letter and spirit of the constitutional
not yet expired; and that the provision in the Brgy
provisions on local autonomy. If the DBM Secretary
Election Act providing for the 6-year term must be
jealously hoards the entirety of budgetary powers and
deemed to have been repealed by Sec2 Art III of the
ignores the right of local governments to develop self-
Provisional Constitution.
reliance and resoluteness in the handling of their own
funds, the goal of meaningful local autonomy is
Held: The designations made by respondent were
frustrated and set back.
not valid. The provision in the Provisional Constitution
must be deemed to have been overtaken by Section The DBM may appoint only from the list of qualified
27, Article XVIII of the 1987 Constitution. The 1987 recommendees nominated by the Governor. If none
Constitution was ratified in a plebiscite on February 2, is qualified, he must return the list of nominees to the
1987. By that date, thus, the Provisional Constitution Governor explaining why no one meets the legal
must be deemed to have been superceded. Hence, requirements and ask for new recommendees who
the OIC Governor could no longer rely on a provision have the necessary eligibilities and qualifications.
of this superceded constitution to designate
respondents to the elective positions occupied by
petitioners. Petitioners must now be held to have Ganzon vs. CA (1991)
acquired security of tenure
Facts:
Sarmiento dissents: the Constitution took effect on Series of administrative complaints (10) were filed
February 11, 1987, not February 2, 1987. against Mayor Ganzon by various city officials
sometime in 1988. Mayor Ganzon answered and
cases were set for hearing (where a series of
San Juan vs. Civil Service Commission (1991) postponements occurred). *Sec. Santos (of
Department of Local Government) issued several
Facts: consecutive preventive suspension orders. Ganzon
Gov. San Juan appointed Santos as Acting PBO obviously complains saying that he was denied due
(Provincial Budget Officer) of Rizal Province and process and President has no power to
informed DBM Reg.IV Dir. and asked him to endorse investigate/suspend local officials.
the appointment. However, Dir. recommended the
appointment of Almajose as PBO since she is the Held: The 1987 Constitution did not intend to divest
only CPA among the contenders. DBM Usec. signed the legislature of its right, or the President of his
the appointment papers of Almajose w/out the prerogative as conferred by existing legislation, to
knowledge of Gov. San Juan. The new Reg. IV Dir. provide administrative sanctions against local
informed Gov. San Juan that Santos was not officials. The deletion was meant to stress, sub
qualified and asked that he submit 3 other nominees. silencio, the objective of framers to strengthen local
However, Gov. San Juan learned of Almajoses’s autonomy by severing congressional control of its
appointment by the Usec and filed a letter-protest affairs, as observed by CA, like the power of local
with the DBM Secretary. DBM ruled that letter-protest legislation… BUT it did nothing more. Insofar as
is not meritorious. Motion for Recon was denied. existing legislation authorizes the President (through
Thus, Gov. San Juan appealed to Civil Service Sec of Local Government) to proceed against local
Commission (CSC) which issued a resolution officials administratively, Consti contains no
dismissing Gov. San Juan’s claim. prohibition.
Although President, through Sec Santos is not power to impose license fees on gambling, has long
precluded from exercising a legal power, it appears been revoked. (d) Local governments have no
that Santos is exercising it oppressively and with a power to tax instrumentalities of the National
grave abuse of discretionby (a) inflicting on Ganzon Government [note this has already been dumped by
successive suspensions when he had sufficient time SC in later cases under local taxation]. The power of
to gather necessary evidence to build a case without local government to "impose taxes and fees" is
suspending him a day longer and (b) he has been always subject to "limitations" which Congress may
cracking down on Ganzon piecemeal – to pin him provide by law. Since PD 1869 remains an
down ten times (10complaints) when he could have "operative" law until "amended, repealed or revoked"
pursued a consolidated effort (Sec. 3, Art. XVIII, 1987 Constitution), its "exemption
clause" remains as an exception to the exercise of
RULES laid down by SC: the power of local governments to impose taxes and
1. Local autonomy, under Consti, involves a fees. It cannot therefore be violative but rather is
mere decentralization of administration, not of consistent with the principle of local autonomy.
power, in which local officials remain accountable
to the central government in the manner the law
may provide. Magtajas vs. Pryce Properties Corp. (1994)
2. The new Consti does not prescribe
federalism. Facts:
3. The change in constitutional language PAGCOR decided to expand its operations to
(w/respect to supervision clause) was meant to Cagayan de Oro city (CDO) for which it leased a
deny legislative control over local governments; it portion of a building owned by Pryce for the operation
did not exempt the latter from legislative of a casino. SP of CDO enacted ordinances (1)
regulations provided regulation is consistent with prohibiting the issuance of business permit and
the fundamental premise of autonomy. canceling existing business permit to any
4. Since local governments remain accountable establishment for the using and allowing to be used
to the national authority, the latter may, and in the its premises or portion thereof for the operation of a
manner set forth therein, impose disciplinary casino and (2) prohibiting the operation of casino and
action against local officials; providing a penalty for violation thereof. Pryce and
5. “Supervision” and “investigation” are not PAGCOR assailed the ordinances before the CA. CA
inconsistent terms; “investigation” does not declared ordinances invalid and issued writ of
signify “control” (which President does not have). prohibition.
Further, the questioned provision requiring an With respect to the power to merge existing
oversight committee does not provide for a different administrative regions, the standard is to be found in
date of effectivity. Neither would it be an impediment the same policy underlying the grant to the President
as its creation is aimed at effecting a smooth in R.A. No. 5435 of the power to reorganize the
transition period for the regional government. Executive Department: "to promote simplicity,
economy and efficiency in the government to enable
it to pursue programs consistent with national goals
Chiongbian vs. Orbos (1995) for accelerated social and economic development
and to improve the service in the transaction of the
Facts: public business."
ARMM Act, called for a plebiscite to be held. In the Indeed, as the original 11 administrative regions were
plebiscite held, 4 provinces (Lanao del Sur, established in accordance with this policy, it is logical
Maguindanao, Sulu and Tawi-Tawi) voted in favor of to suppose that in authorizing the President to
creating an autonomous region. In accordance with "merge by administrative determination the existing
the constitutional provision, these provinces became regions" in view of the withdrawal from some of those
the ARMM. Pursuant to a provision in the ARMM Act regions of the provinces now constituting the
those who voted against shall remain in the existing Autonomous Region, the purpose of Congress was to
administrative regions: Provided, however, that the reconstitute the original basis for the organization of
President may, by administrative determination, administrative regions.
merge the existing regions. Pursuant to the authority
granted by this provision, Pres. Aquino issued an
E.O. that reorganized the administrative regions of Cordillera Broad Coalition vs. COA (1990)
Mindanao. The petitioners who were members of
Congress representing the various legislative districts Facts:
involved in the plebiscite, wrote Pres. Aquino After the 1996 EDSA Revolution, Balweg, broke off
protesting E.O. No. 429. As their protest went on ideological grounds from the CPP-NPA. After
unheeded, petitioners brought this suit for certiorari President Aquino was installed into office, she
and prohibition. advocated a policy of national reconciliation. The
Cordillera People’s Liberation Army (CPLA) heeded
Held: The power to merge administrative regions is this call. Aqiuno and Balweg arrived at a joint
an executive function. Thus the creation and agreement to draft an Executive Order to create a
subsequent reorganization of administrative regions preparatory body that could perform policy-making
have been by the President pursuant to authority and administrative functions and undertake
granted to him by law. In conferring on the President consultations and studies leading to a draft organic
the power to merge by administrative determination act for the Cordilleras. Pursuant to the joint
the existing regions following the establishment of agreement, E.O. 220, creating the Cordillera
ARMM, Congress merely followed the pattern set in Administrative Region (CAR) was signed into law.
previous legislation dating back to the initial
During the pendency of this case, R.A. No. 6766 Ordillo vs. COMELEC (1990)
(Organic Act of CAuR) was enacted and signed into
law. The Act recognizes the CAR and the offices and Facts:
agencies created under E.O. No. 220 and its A plebiscite was conducted in the provinces of
transitory nature is reinforced. Petitioners contend Benguet, Mountain Province, Ifugao, Abra and
that the issuance of the EO pre-empted Congress’ Kalinga-Apayao and Baguio City cast their votes in a
task. plebiscite pursuant to R.A. No. 6766 (Oragnic Act of
CAR). The COMELEC results of the plebiscite
Held: NO. showed that only the Ifugao Province wanted the
EO 220 does not create the autonomous region CAR. DOJ Sec. issued a memorandum for the
contemplated in the Constitution. It merely provides President reiterating the COMELEC resolution and
for transitory measures in anticipation of the provided that since only the provinces and city voting
enactment of an organic act and the creation of an favorably shall be included in the CAR, the province
autonomous region. In short, it prepares the ground of Ifugao being the only province which voted
for autonomy. This does not necessarily conflict with favorably will alone, legally and validly constitute the
the provisions of the Constitution on autonomous CAR. Ordillo et. al, then, complains.
regions. The complex procedure for the creation of
an autonomous region in the Cordilleras will take Held: Ifugao cannot be the CAR alone.
time. The President, in 1987 still exercising legislative The keywords in Art. X, Sec. 15, (Const) —
powers, as the first Congress had not yet convened, provinces, cities, municipalities and geographical
saw it fit to provide for some measures to address the areas connote that "region" is to be made up of more
urgent needs of the Cordilleras in the meantime that than one constituent unit. The term "region" used in
the organic act had not yet been passed and the its ordinary sense means 2 or more provinces. This is
autonomous region created. These measures are in supported by the fact that the 13 regions into which
E.O. No. 220, and they do not violate the the Philippines is divided for administrative purposes
Constitution. are groupings of contiguous provinces. Ifugao is a
province by itself. To become part of a region, it must
The bodies created by E.O. No. 220 do not supplant join other provinces, cities, municipalities, and
the existing local governmental structure, nor are geographical areas. It joins other units because of
they autonomous government agencies. They merely their common and distinctive historical and cultural
constitute the mechanism for an "umbrella" that heritage, economic and social structures and other
brings together the existing local governments, the relevant characteristics. The Constitutional
agencies of the National Government, the ethno- requirements are not present in this case.
linguistic groups or tribes, and NGOs in a concerted
effort to spur development in the Cordilleras.
There is no Cordillera Autonomous Region yet
Neither did E.O. 220 contravene the Constitution by since 2 plebiscites rejected it, but the Cordillera
creating a new territorial and political subdivision. The Administrative Region is still existent. Kalinga-
CAR is not a public corporation or a territorial and Apayao is now the provinces of Kalinga and Apayao.
political subdivision. It does not have a separate
juridical personality, unlike provinces, cities and Effectivity of the Code
municipalities. Neither is it vested with the powers
that are normally granted to public corporations (the Sec5, LGC: Rules of Interpretation – In the
power to sue and be sued, the power to own and interpretation of the provisions of this Code, the
dispose of property, the power to create its own following rules shall apply:
sources of revenue, etc.). The CAR was created xxx
primarily to coordinate the planning and (d) Rights and obligations existing on the date of
implementation of programs and services in the effectivity of this Code and arising out of contracts
covered areas. or any other source of prestation involving a local
government unit shall be governed by the original
The CAR is in the same genre as the administrative terms and conditions of said contracts or the law in
regions created under the Reorganization Plan, albeit force at the time such rights were vested; and
under E.O. No. 220. The operation of the CAR xxx
requires the participation not only of the line
departments and agencies of the National Sec536, LGC: Effectivity Clause – This Code shall
Government but also the local governments, ethno- take effect on January 1st, 1992, unless otherwise
linguistic groups and NGOs in bringing about the provided herein, after its complete publication in at
desired objectives and the appropriation of funds least (1) newspaper of general circulation.
solely for that purpose.
direction and supervision over his subordinates,
which includes private respondent.
Evardone vs. COMELEC (1991)
Facts:
Administrative complaint was filed with the DOH
against private respondent Administrative Officer
Sibbaluca for grave misconduct, dishonesty, etc. Part II: Book I: General
Consequently, she was put under preventive Provisions
suspension for 90 days. Pending the resolution of her
motion to lift suspension, she instituted an action
Title One: Basic Principles
seeking the nullification of the entire administrative
A. Policy and Application
proceedings. She claims that when the new Local
Government Code of 1991 was enacted, the
Sec1, LGC: Title – This Act shall be known and cited
Secretary of Health had lost his disciplinary powers
as the “Local Government Code of 1991”.
and authority over her. Such power to discipline the
personnel of the Provincial Health Officer is now
Sec2, LGC: Declaration of Policy –
vested in the Provincial Government.
(a) It is hereby declared the policy of the State that
the territorial and political subdivisions of the
Held: NO. Jurisdiction is determined by the statue in
State shall enjoy genuine and meaningful local
force at the time of the commencement of the action.
autonomy to enable them to attain their fullest
The LGC of 1991 took effect on January 1, 1992. In
development as self-reliant communities and
the case at bar, Sibbaluca was administratively
make them more effective partners in the
charged in 1991. The operative laws then were the
attainment of national goals. Toward this end,
Administrative Code of 1987 and EO 119. Under
the State shall provide for a more responsive
these laws, the Secretary of Health exercises control,
and accountable local government structure
instituted through a system of decentralization to participate actively in the implementation of
whereby local government units shall be given national programs and projects;
more powers, authority, responsibilities, and (h) There shall be a continuing mechanism to
resources. The process of decentralization enhance local autonomy not only by legislative
shall proceed from the National Government to enabling acts but also by administrative and
the local government units. organizational reforms;
(b) It is also the policy of the State to ensure the (i) LGUs shall share with the National
accountability of local government units Government the responsibility in the
through the institution of effective mechanisms management and maintenance of ecological
of recall, initiative and referendum. balance within their territorial jurisdiction,
(c) It is likewise the policy of the State to require all subject to the provisions of this Code and
national agencies and offices to conduct national policies;
periodic consultations with appropriate LGUs, (j) Effective mechanisms for ensuring the
nongovernmental and people’s organizations, accountability of LGUs to their respective
and other concerned sectors of the community constituents shall be strengthened in order to
before any project or program is implemented upgrade continually the quality of local
in their respective jurisdictions. leadership;
(k) The realization of local autonomy shall be
Sec3, LGC: Operative Principles of facilitated through improved coordination of
Decentralization – The formulation and national government policies and programs
implementation of policies and measures on local and extension of adequate technical and
autonomy shall be guided by the following material assistance to less developed and
operative principles: deserving LGUs;
(a) There shall be an effective allocation among (l) The participation of the private sector in local
the different LGUs of their respective powers, governance, particularly in the delivery of basic
functions, responsibilities, and resources; services, shall be encouraged to ensure the
(b) There shall be established in every LGU an viability of local autonomy as an alternative
accountable, efficient, and dynamic strategy for sustainable development; and
organizational structure and operating (m) The National Government shall ensure that
mechanism that will meet the priority needs decentralization contributes to the continuing
and service requirements of its communities; improvement of the performance of LGUs and
(c) Subject to civil service law, rules and the quality of community life.
regulations, local officials and employees paid
wholly or mainly from local funds shall be Sec4, LGC: Scope of Application – This Code shall
appointed or removed, according to merit and apply to all provinces, cities, municipalities,
fitness, by the appropriate appointing authority; barangays, and other political subdivisions as may
(d) The vesting of duty, responsibility, and be created by law, and, to the extent herein
accountability in LGUs shall be accompanied provided, to officials, offices, or agencies of the
with provision for reasonably adequate National Government.
resources to discharge their powers and
effectively carry out their functions; hence, they Sec5, LGC: Rules of Interpretation – In the
shall have the power to create and broaden interpretation of the provisions of this Code, the
their own sources of revenue and the right to a following rules shall apply:
just share in national taxes and an equitable (a) Any provision on a power of a LGU shall be
share in the proceeds of the utilization and liberally interpreted in its favor, and in case of
development of the national wealth within their doubt, any provision thereon shall be resolved
respective areas; in favor of devolution of powers and of the
(e) Provinces with respect to component cities and lower LGU. Any fair and reasonable doubt as to
municipalities, and cities and municipalities the existence of the power shall be interpreted
with respect to component barangays, shall in favor of the LGU concerned;
ensure that the acts of their component units (b) In case of doubt, any tax ordinance or revenue
are within the scope of their prescribed powers measure shall be construed strictly against the
and functions; LGU enacting it, and liberally in favor of the
(f) LGUs may group themselves, consolidate or taxpayer. Any tax exemption, incentive or relief
coordinate their efforts, services, and resources granted by any LGU pursuant to the provisions
for purposes commonly beneficial to them; of this Code shall be construed strictly against
(g) The capabilities of LGUs, especially the the person claiming it;
municipalities and barangays, shall be (c) The general welfare provisions in this Code
enhanced by providing them with opportunities shall be liberally interpreted to give more
powers to LGUs in accelerating economic
development and upgrading the quality of life the application form was nonetheless supplied in the
for the people in the community; face of the permit signed and issued by Mayor
(d) Rights and obligations existing on the date of Banzon himself.
effectivity of this Code and arising out of
contracts or any other source of prestation
Applying for two businesses in one permit is also not
involving a LGU shall be governed by the
a ground for revocation. Par 2 Section 3A-06(b) does
original terms and conditions of said contracts
not expressly require two permits for their conduct of
or the law in force at the time such rights were
two or more businesses in one place, but only that
vested; and
separate fees be paid for each business. The
(e) In the resolution of controversies arising under
powers of municipal corporations are to be
this Code where no legal provision or
construed in strictissimi juris (strictly in its legal
jurisprudence applies, resort my be had to the
terms) and any doubt or ambiguity must be
customs and traditions in the place where
construed against the municipality Granting,
(f) the controversies take place.
however, that separate permits are actually required,
the application form does not contain any entry as
regards the number of businesses the applicant
Greater Balanga Development Corporation wishes to engage in.
(GBDC) vs. Municipality of Balanga (1994)
Facts:
GBDC applied with the Office of the Balanga Mayor
Balanga case and Section 5 (a) conflict. Neither
will it fall under Section 5 (b) unless the business
for a business permit its property, certain portions of
permit is a revenue measure. Then again , the trend
which as been "unlawfully usurped and invaded" by
of SC is to limit the LGC.
Balanga, which had "allowed/tolerated/abetted" the
construction of shanties and market stalls while
charging market fees and market entrance fees from
the occupants and users of the area. Mayor issued a Tano vs. Socrates (1997)
Mayor's Permit granting GBDC the privilege of a "real
estate dealer/privately-owned public market operator" Facts:
under the registered trade name of Balanga Public Sangguniang Panlunsod of Puerto Princesa enacted
Market. an Ordinance banning the shipment of all live fish
However, the Sangguniang Bayan passed a and lobster outside Puerto Princesa for 5 years. To
Resolution annulling the Mayor's permit issued to implement this, Acting City Mayor issued Office Order
GBDC and advising the Mayor to revoke the permit. No. 23. Next, the SP of Palawan enacted SR No.33
Mayor revoked the permit insofar as it authorized the and Ordinance No. 2 series of 1993 prohibiting the
operation of a public market. GBDC filed this petition catching, gathering, possessing, buying, selling and
claiming that it had not violated any law/ordinance, shipment of live marine coral dwelling aquatic
thus there’s no reason to revoke the Mayor's permit. organisms in and coming from Palawan waters for 5
The EO and the resolution in question were quasi- years. The respondents implemented the said
judicial acts and not mere exercises of police power. ordinances depriving all the fishermen of the whole
Respondent also failed to observe due process in province of Palawan and the City of Puerto Princesa
revoking the permit. Balanga argues that Mayor may of their only means of livelihood and the petitioners
issue, deny or revoke municipal licenses and permits. Airline Shippers Association of Palawan and other
Resolution and EO were legitimate exercise of local marine merchants from performing their lawful
legislative authority. GBDC violated Section 3A-06(b) occupation and trade. Hence, this petition
of the Balanga Revenue Code when it failed to Held: Resolution and ordinances are valid. It is
disclose the true status of the area involved in the settled that laws, including ordinances enacted by
permit when it did not secure separate permits for its local government units enjoy the presumption of
two businesses. constitutionality. To overthrow this presumption, there
must be a clear and unequivocal breach of the
Held: No. There was no ground for revocation. The Constitution, not merely a doubtful or argumentative
application for Mayor's permit requires the applicant contradiction. Petitioners’ argument the Constitution
to state what type of business, profession, occupation and applicable laws were violated by the ordinances
and/or calling privileges is being applied for. is baseless. The ordinances in question are meant
Petitioner left this entry bank in its application form. precisely to protect and conserve our marine
Leaving an entry blank is not equal to false resources to the end that their enjoyment may be
statement. There must be proof of willful guaranteed not only for the present generation, but
misrepresentation and deliberate intent to make a also for the generations to come. Moreover, Section
false statement. The absence of the material info in 5(c) of the LGC explicitly mandates that the general
welfare provisions of the LGC "shall be liberally fishing and aquatic resources including those in the
interpreted to give more powers to the local municipal waters.
government units in accelerating economic
Ordinance is also unenforceable for lack of approval
development and upgrading the quality of life for the
of Secretary of Agriculture under PD 704.
people of the community." The centerpiece of
LGCode is the system of decentralization as Police power is inherent in a state, it is not so in
expressly mandated by the Constitution. municipal corporations or local governments. In order
Indispensable to decentralization is devolution and that a local government may exercise police power,
the LGCode expressly provides that "any provision there must be a legislative grant which necessarily
on a power of a local government unit shall be sets the limits for the exercise of the power. The
liberally interpreted in its favor, and in case of doubt, power devolved upon the municipality under the
any question thereon shall be resolved in favor of Local Government Code is the enforcement of
devolution of powers and of the lower local existing fishery laws of the State and not the
government unit. Any fair and reasonable doubt as to enactment thereof. While a local government unit
the existence of the power shall be interpreted in may adopt ordinances upon subjects covered by law
favor of the local government unit concerned." or statute (i.e., PDs 704, 1015 and 1219), such
ordinances should be in accordance with and not
CONCURRING OPINION: Mendoza repugnant to the law.
There is no basis for the claim in the dissenting
opinion that the subject of these ordinances lies Some locgovspeak:
within the competence of the national government. Local autonomy: power of LGU to decide for
For the matter concerns a local problem, namely, the themselves on certain matters without clearance or
destruction of aquatic resources in the Province of approval from the NG.
Palawan. It would therefore set back the policy of Decentralization: Devolution of administration (NOT
decentralization were this Court to sustain such a power) from the NG to LGU
claim. Deconcentration: Flow of autonomy from NG to
regional agencies
The presumption of constitutionality must prevail in Devolution: act by which NG confers power and
the absence of some factual foundation of record for authority from the NG to perform specific functions
overthrowing the statute. and responsibilities.
If the laws passed are seen to have a reasonable
relation to a proper legislative purpose, and are There is Memorandum Circular 53 (1993) which
neither arbitrary nor discriminatory, the requirements provides that all offices and employees including
of due process are satisfied and judicial GOCCs to comply with LGC and its IRR on
determination to that effect renders a court functus consultations. However, there is no penalty for the
officio. breach.
DISSENT: Bellosillo
In Magtajas v. Pryce Properties Corporation, well-
established tests of a valid ordinance are:
(a) It must not contravene the Constitution or Some Horror Movie Quotes:
any statute;
(b) It must not be unfair or oppressive; Little girl:"His name is Freddy Krueger, and he loves
(c) It must not be partial or discriminatory; children, especially little girls. Freddy's coming back.
(d) It must not prohibit but may regulate trade; Soon he'll be strong enough. It's okay to be afraid. We
(e) It must be general and consistent with public
were all afraid. Warn your friends. Warn everyone!"
policy; and
(Freddy VS. Jason}
(f) It must not be unreasonable.
The SP of Puerto Princesa lack the authority of Chucky:"I'll be back! I always come back.. But dying
enacting the Ordinance since the subject is within the is such a b*tch" (Child's Play)
jurisdiction and responsibility of the Bureau of
Fisheries and Aquatic Resources (BFAR) under
PD704, which was not expressly repealed by the
LGCode of 1991.
B. General Power and
Special law must prevail over general law. LGCode is
a general law while P.D. No. 704 is a special law
Attributes
dealing with the protection and conservation of
Local Government Code
Sec9, LGC: Abolition of Local Government Units.
Sec6, LGC: Authority to Create Local Government – A local government unit may be abolished when
Units. – A local government unit may be created, its income, population, or land area has been
divided, merged, abolished, or its boundaries irreversibly reduced to less than the minimum
substantially altered either by law enacted by standards prescribed for its creation under Book III
Congress in the case of a province, city, of this Code, as certified by the national agencies
municipality, or any other political subdivision, or by mentioned in Section 17 hereof to Congress or to
ordinance passed by the sangguniang the sanggunian concerned, as the case may be.
panlalawigan or sangguniang panlungsod The law or ordinance abolishing a local government
concerned in the case of a barangay located within unit shall specify the province, city, municipality, or
its territorial jurisdiction, subject to such limitations barangay with which the local government unit
and requirements prescribed in this Code. sought to be abolished will be incorporated or
merged.
Sec7, LGC: Creation and Conversion. – As a
general rule, the creation of a local government unit Sec10, LGC: Plebiscite Requirement. – No
or its conversion from one level to another level creation, division, merger, abolition, or substantial
shall be based on verifiable indicators of viability alteration of boundaries of local government units
and projected capacity to provide services, to wit: shall take effect unless approved by a majority of
(a) Income - It must be sufficient, based on the votes cast in a plebiscite called for the purpose
acceptable standards, to provide for all in the political unit or units directly affected. Said
essential government facilities and services plebiscite shall be conducted by the Commission
and special functions commensurate with the on Elections (COMELEC) within one hundred
size of its population, as expected of the local twenty (120) days from the date of effectivity of the
government unit concerned; law or ordinance effecting such action, unless said
(b) Population. - It shall be determined as the law or ordinance fixes another date.
total number of inhabitants within the territorial
jurisdiction of the local government unit Sec11: Selection and Transfer of Local
concerned; and Government Site, Offices and Facilities. –
(c) Land Area. - It must be contiguous, unless it (a) The law or ordinance creating or merging local
comprises two or more islands or is separated government units shall specify the seat of
by a local government unit independent of the government from where governmental and
others; properly identified by metes and bounds corporate services shall be delivered. In
with technical descriptions; and sufficient to selecting said site, factors relating to
provide for such basic services and facilities to geographical centrality, accessibility, availability
meet the requirements of its populace. of transportation and communication facilities,
Compliance with the foregoing indicators shall drainage and sanitation, development and
be attested to by the Department of Finance economic progress, and other relevant
(DOF), the National Statistics Office (NSO), considerations shall be taken into account.
and the Lands Management Bureau (LMB) of (b) When conditions and developments in the local
the Department of Environment and Natural government unit concerned have significantly
Resources(DENR). changed subsequent to the establishment of
the seat of government, its sanggunian may,
Sec8, LGC: Division and Merger. – Division and after public hearing and by a vote of two-thirds
merger of existing local government units shall (2/3) of all its members, transfer the same to a
comply with the same requirements herein site better suited to its needs. Provided,
prescribed for their creation: Provided, however, however, That no such transfer shall be made
That such division shall not reduce the income, outside the territorial boundaries of the local
population, or land area of the local government government unit concerned.
unit or units concerned to less than the minimum The old site, together with the improvements
requirements prescribed in this Code: Provided, thereon, may be disposed of by sale or lease or
further, That the income classification of the original converted to such other use as the sanggunian
local government unit or units shall not fall below its concerned may deem beneficial to the local
current income classification prior to such division. government unit concerned and its inhabitants.
The income classification of local government units (c) Local government offices and facilities shall not
shall be updated within six (6) months from the be transferred, relocated, or converted to other
effectivity of this Code to reflect the changes in uses unless public hearings are first conducted
their financial position resulting from the increased for the purpose and the concurrence of the
revenues as provided herein. majority of all the members of the sanggunian
concerned is obtained.
(1) city and municipal barangays, upon
Sec12: Government Centers. – Provinces, cities, recommendation of the sangguniang
and municipalities shall endeavor to establish a barangay concerned;
government center where offices, agencies, or (2) city, municipal and barangay roads,
branches of the national government, local avenues, boulevards, thoroughfares, and
government units, or government-owned or bridges;
-controlled corporations may, as far as practicable, (3) city and municipal public elementary,
be located. In designating such a center, the local secondary and vocational or technical
government unit concerned shall take into account schools, post-secondary and other tertiary
the existing facilities of national and local agencies schools;
and offices which may serve as the government (4) city and municipal hospitals, health centers
center as contemplated under this Section. The and other health facilities; and
national government, local government unit or (5) Any other public place or building owned
government-owned or -controlled corporation by the municipal government.
concerned shall bear the expenses for the (d) None of the foregoing local
construction of its buildings and facilities in the government units, institutions, places, or
government center. buildings shall be named after a living person,
nor may a change of name be made unless for
Sec13: Naming of Local Government Units and a justifiable reason and, in any case, not
Public Places, Streets and Structures. – oftener than once every ten (10) years. The
(a) The sangguniang panlalawigan may, in name of a local government unit or a public
consultation with the Philippine Historical place, street or structure with historical,
Commission (PHC), change the name of the cultural, or ethnic significance shall not be
following within its territorial jurisdiction: changed, unless by a unanimous vote of the
(1) Component cities and municipalities, upon sanggunian concerned and in consultation with
the recommendation of the sanggunian the PHC.
concerned; (e) A change of name of a public school
(2) Provincial roads, avenues, boulevards, shall be made only upon the recommendation
thorough-fares, and bridges; of the local school board concerned.
(3) Public vocational or technical schools and (f) A change of name of public hospitals,
other post-secondary and tertiary schools; health centers, and other health facilities shall
(4) Provincial hospitals, health centers, and be made only upon the recommendation of the
other health facilities; and local health board concerned.
(5) Any other public place or building owned (g) The change of name of any local
by the provincial government. government unit shall be effective only upon
(b) The sanggunian of highly urbanized ratification in a plebiscite conducted for the
cities and of component cities whose charters purpose in the political unit directly affected. In
prohibit their voters from voting for provincial any change of name, the Office of the
elective officials, hereinafter referred to in this President, the representative of the legislative
Code as independent component cities, may, in district concerned, and the Bureau of Posts
consultation with the Philippine Historical shall be notified.
Commission, change the name of the following
within its territorial jurisdiction: Sec14: Beginning of Corporate Existence. – When
(1) City barangays, upon the recommendation a new local government unit is created, its
of the sangguniang barangay concerned; corporate existence shall commence upon the
(2) City roads, avenues, boulevards, election and qualification of its chief executive and
thoroughfares, and bridges; a majority of the members of its sanggunian, unless
(3) Public elementary, secondary and some other time is fixed therefor by the law or
vocational or technical schools, community ordinance creating it.
colleges and non-chartered colleges;
(4) City hospitals, health centers and other Sec15: Political and Corporate Nature of Local
health facilities; and Government Units. – Every local government unit
(5) Any other public place or building owned created or recognized under this Code is a body
by the city government. politic and corporate endowed with powers to be
(c) The sanggunians of component cities exercised by it in conformity with law. As such, it
and municipalities may, in consultation with the shall exercise powers as a political subdivision of
Philippine Historical Commission, change the the national government and as a corporate entity
name of the following within its territorial representing the inhabitants of its territory.
jurisdiction:
Sec16: General Welfare. – Every local government (vii) Information and reading
unit shall exercise the powers expressly granted, center; and
those necessarily implied therefrom, as well as (viii) Satellite or public market,
powers necessary, appropriate, or incidental for its where viable;
efficient and effective governance, and those which (2) For a municipality:
are essential to the promotion of the general (i). Extension and
welfare. Within their respective territorial on-site research services and
jurisdictions, local government units shall ensure facilities related to agriculture and
and support, among other things, the preservation fishery activities which include
and enrichment of culture, promote health and dispersal of livestock and poultry,
safety, enhance the right of the people to a fingerlings, and other seeding
balanced ecology, encourage and support the materials for aquaculture; palay,
development of appropriate and self-reliant corn, and vegetable seed farms;
scientific and technological capabilities, improve medicinal plant gardens; fruit tree,
public morals, enhance economic prosperity and coconut, and other kinds of seedling
social justice, promote full employment among their nurseries; demonstration farms;
residents, maintain peace and order, and preserve quality control of copra and
the comfort and convenience of their inhabitants. improvement and development of
local distribution channels, preferably
Sec17: Basic Services and Facilities. – through cooperatives; interbarangay
(a) Local government units shall irrigation system; water and soil
endeavor to be self-reliant and shall continue resource utilization and conservation
exercising the powers and discharging the projects; and enforcement of fishery
duties and functions currently vested upon laws in municipal waters including
them. They shall also discharge the functions the conservation of mangroves;
and responsibilities of national agencies (ii). Pursuant to
and offices devolved to them pursuant to this national policies and subject to
Code. Local government units shall likewise supervision, control and review of the
exercise such other powers and discharge DENR, implementation of
such other functions and responsibilities as are community-based forestry projects
necessary, appropriate, or incidental to efficient which include integrated social
and effective provision of the basic services forestry programs and similar
and facilities enumerated herein. projects; management and control of
(b) Such basic services and facilities communal forests with an area not
include, but are not limited to, the following: exceeding fifty (50) square
(1) For a Barangay: kilometers; establishment of tree
(i) Agricultural support parks, greenbelts, and similar forest
services which include planting development projects;
materials distribution system and (iii). Subject to the
operation of farm produce collection provisions of Title Five, Book I of this
and buying stations; Code, health services which include
(ii) Health and social welfare the implementation of programs and
services which include maintenance projects on primary health care,
of barangay health center and day- maternal and child care, and
care center; communicable and non-
(iii) Services and facilities communicable disease control
related to general hygiene and services; access to secondary and
sanitation, beautification, and solid tertiary health services; purchase of
waste collection; medicines, medical supplies, and
(iv) Maintenance of equipment needed to carry out the
katarungang pambarangay; services herein enumerated;
(v) Maintenance of barangay (iv). Social welfare
roads and bridges and water supply services which include programs and
systems projects on child and youth welfare,
(vi) Infrastructure facilities family and community welfare,
such as multi- purpose hall, women's welfare, welfare of the
multipurpose pavement, plaza, elderly and disabled persons;
sports center, and other similar community-based rehabilitation
facilities; programs for vagrants, beggars,
street children, scavengers, juvenile
delinquents, and victims of drug research services and facilities which
abuse; livelihood and other pro-poor include the prevention and control of
projects; nutrition services; and plant and animal pests and
family planning services; diseases; dairy farms, livestock
(v). Information markets, animal breeding stations,
services which include investments and artificial insemination centers;
and job placement information and assistance in the organization of
systems, tax and marketing farmers' and fishermen's
information systems, and cooperatives and other collective
maintenance of a public library; organizations, as well as the transfer
(vi). Solid waste of appropriate technology;
disposal system or environmental (ii).
management system and services or Industrial research and development
facilities related to general hygiene services, as well as the transfer of
and sanitation; appropriate technology;
(vii). Municipal (iii). P
buildings, cultural centers, public ursuant to national policies and
parks including freedom parks, subject to supervision, control and
playgrounds, and sports facilities and review of the DENR, enforcement of
equipment, and other similar forestry laws limited to community-
facilities; based forestry projects, pollution
(viii). Infrastructure control law, small-scale mining law,
facilities intended primarily to service and other laws on the protection of
the needs of the residents of the the environment; and mini-hydro
municipality and which are funded electric projects for local purposes;
out of municipal funds including, but (iv). S
not limited to, municipal roads and ubject to the provisions of Title Five,
bridges; school buildings and other Book I of this Code, health services
facilities for public elementary and which include hospitals and other
secondary schools; clinics, health tertiary health services;
centers and other health facilities (v). S
necessary to carry out health ocial welfare services which include
services; communal irrigation, small pro grams and projects on rebel
water impounding projects and other returnees and evacuees; relief
similar projects; fish ports; artesian operations; and, population
wells, spring development, rainwater development services;
collectors and water supply systems; (vi). P
seawalls, dikes, drainage and rovincial buildings, provincial jails,
sewerage, and flood control; traffic freedom parks and other public
signals and road signs; and similar assembly areas, and other similar
facilities; facilities;
(ix). Public (vii). I
markets, slaughterhouses and other nfrastructure facilities intended to
municipal enterprises; service the needs of the residents of
(x). Public the province and which are funded
cemetery; out of provincial funds including, but
(xi). Tourism not limited to, provincial roads and
facilities and other tourist attractions, bridges; inter-municipal waterworks,
including the acquisition of drainage and sewerage, flood
equipment, regulation and control, and irrigation systems;
supervision of business concessions, reclamation projects; and similar
and security services for such facilities;
facilities; and (viii). P
(xii). Sites for police rograms and projects for low-cost
and fire stations and substations and housing and other mass dwellings,
the municipal jail; except those funded by the Social
(3) Fo Security System (SSS), Government
r a Province: Service Insurance System (GSIS),
(i). A and the Home Development Mutual
gricultural extension and on-site Fund (HDMF): Provided, That
national funds for these programs upon the various local government units to
and projects shall be equitably perform specific functions and
allocated among the regions in responsibilities.
proportion to the ratio of the (f) The national government or the
homeless to the population; next higher level of local government unit
(ix). I may provide or augment the basic
nvestment support services, services and facilities assigned to a lower
including access to credit financing; level of local government unit when such
(x). U services or facilities are not made
pgrading and modernization of tax available or, if made available, are
information and collection services inadequate to meet the requirements of its
through the use of computer inhabitants.
hardware and software and other (g) The basic services and facilities
means; hereinabove enumerated shall be funded
(xi). I from the share of local government units in
nter-municipal telecommunications the proceeds of national
services, subject to national policy taxes and other local revenues and
guidelines; and funding support from the national
(xii). T government, its instrumentalities and
ourism development and promotion government-owned or -controlled
programs; corporations which are tasked by law to
(4) For a City: establish and maintain such services or
All the services and facilities of the facilities. Any fund or resource available
municipality and province, and in addition for the use of local government units shall
thereto, the following: be first allocated for the provision of basic
(a) Adequate communication and services or facilities enumerated in
transportation facilities; subsection (b) hereof before applying the
(b) Support for education, police and same for other purposes, unless otherwise
fire services and facilities. provided in this Code.
(c) Notwithstanding the provisions of (h) The Regional offices of national
subsection (b) hereof, public works and agencies or offices whose functions are
infrastructure projects and other facilities devolved to local government units as
funded by the national government under provided herein shall be phased out within
the annual General Appropriations Act, one (1) year from the approval of this
other special laws, pertinent executive Code. Said national agencies and offices
orders, and those wholly or partially may establish such field units as may be
funded from foreign sources, are not necessary for monitoring purposes and
covered under this Section, except in providing technical assistance to local
those cases where the local government government units. The properties,
unit concerned is duly designated as the equipment, and other assets of these
implementing agency for such projects, regional offices shall be distributed to the
facilities, programs, and services. local government units in the region in
(d) The designs, plans, specifications, accordance with the rules and regulations
testing of materials, and the procurement issued by the oversight committee created
of equipment and materials from both under this Code.
foreign and local sources (i) The devolution contemplated in
necessary for the provision of the this Code shall include the transfer to local
foregoing services and facilities shall be government units of the records,
undertaken by the local government unit equipment, and other assets and
concerned, based on national personnel of national agencies and offices
policies, standards and guidelines. corresponding to the devolved powers,
(e) National agencies or offices functions, and responsibilities.
concerned shall devolve to local (j) Personnel of said national
government units the responsibility for the agencies or offices shall be absorbed by
provision of basic services and facilities the local government units to which they
enumerated in this Section within six (6) belong or in whose areas they are
months after the effectivity of this Code. As assigned to the extent that it is
used in this Code, the term "devolution" administratively viable as determined by
refers to the act by which the national the said oversight committee: Provided,
government confers power and authority That the rights accorded to such personnel
pursuant to civil service law, rules and may immediately take possession of the property
regulations shall not be impaired: upon the filing of the expropriation proceedings and
Provided, Further, That regional directors upon making a deposit with the proper court of at
who are career executive service officers least fifteen percent (15%) of the fair market value
and other officers of similar rank in the of the property based on the current tax declaration
said regional offices who cannot be of the property to be expropriated: Provided, finally,
absorbed by the local government unit That, the amount to be paid for the expropriated
shall be retained by the national property shall be determined by the proper court,
government, without any diminution of based on the fair market value at the time of the
rank, salary or tenure. taking of the property.
(k) To ensure the active participation
of the private sector in local governance, Sec20: Reclassification of Lands. –
local government units may, by ordinance, (a) A city or municipality may,
sell, lease, encumber, or otherwise through an ordinance passed by the
dispose of public economic enterprises sanggunian after conducting public hearings for
owned by them in their proprietary the purpose, authorize the reclassification of
capacity. Costs may also be charged for agricultural lands and provide for the manner of
the delivery of basic services or facilities their utilization or disposition in the following
enumerated in this Section. cases: (1) when the land ceases to be
economically feasible and sound for
Sec18: Power to Generate and Apply Resources. agricultural purposes as determined by the
– Local government units shall have the power and Department of Agriculture or (2) where the land
authority to establish an organization that shall be shall have substantially greater economic value
responsible for the efficient and effective for residential, commercial, or industrial
implementation of their development plans, purposes, as determined by the sanggunian
program objectives and priorities; to create their concerned: Provided, That such reclassification
own sources of revenue and to levy taxes, fees, shall be limited to the following percentage of
and charges which shall accrue exclusively for their the total agricultural land area at the time of the
use and disposition and which shall be retained by passage of the ordinance:
them; to have a just share in national taxes which (1) For highly urbanized and
shall be automatically and directly released to them independent component cities, fifteen
without need of any further action; to have an percent (15%);
equitable share in the proceeds from the utilization (2) For component cities and first to third
and development of the national wealth and class municipalities, ten percent (10%);
resources within their respective territorial and
jurisdictions including sharing the same with the (3) For fourth to sixth class
inhabitants by way of direct benefits; to acquire, municipalities, five percent (5%): Provided,
develop, lease, encumber, alienate, or otherwise further, That agricultural lands distributed to
dispose of real or personal property held by them in agrarian reform beneficiaries pursuant to
their proprietary capacity and to apply their Republic Act Numbered Sixty-six hundred
resources and assets for productive, fifty-seven (R.A. No. 6657), otherwise
developmental, or welfare purposes, in the exercise known as "The Comprehensive Agrarian
or furtherance of their governmental or proprietary Reform Law", shall not be affected by the
powers and functions and thereby ensure their said reclassification and the conversion of
development into self-reliant communities and such lands into other purposes shall be
active participants in the attainment of national governed by Section 65 of said Act.
goals. (b) The President may, when public
interest so requires and upon recommendation
Sec19: Eminent Domain. – A local government unit of the National Economic and Development
may, through its chief executive and acting Authority, authorize a city or municipality to
pursuant to an ordinance, exercise the power of reclassify lands in excess of the limits set in the
eminent domain for public use, or purpose, or next preceding paragraph.
welfare for the benefit of the poor and the landless, (c) The local government units shall,
upon payment of just compensation, pursuant to in conformity with existing laws, continue to
the provisions of the Constitution and pertinent prepare their respective comprehensive land
laws: Provided, however, That the power of use plans enacted through zoning ordinances
eminent domain may not be exercised unless a which shall be the primary and dominant bases
valid and definite offer has been previously made to for the future use of land resources: Provided,
the owner, and such offer was not accepted: That the requirements for food production,
Provided, further, That the local government unit human settlements, and industrial expansion
shall be taken into consideration in the
preparation of such plans. Sec22: Corporate Powers. –
(d) Where approval by a national (a) Every local government unit, as
agency is required for reclassification, such a corporation, shall have the following powers:
approval shall not be unreasonably withheld. (1) To have continuous succession in its
Failure to act on a proper and complete corporate name;
application for reclassification within three (3) (2) To sue and be sued;
months from receipt of the same shall be (3) To have and use a corporate seal;
deemed as approval thereof. (4) To acquire and convey real or
(e) Nothing in this Section shall be personal property;
construed as repealing, amending, or (5) To enter into contracts; and
modifying in any manner the provisions of R.A. (6) To exercise such other powers as are
No. 6657. granted to corporations, subject to the
limitations provided in this Code and other
Sec21: Closure and Opening of Roads. – laws.
(a) A local government unit may, (b) Local government units may continue using,
pursuant to an ordinance, permanently or modify, or change their existing corporate
temporarily close or open any local road, alley, seals: Provided, That newly established local
park, or square falling within its jurisdiction: government units or those without corporate
Provided, however, That in case of permanent seals may create their own corporate seals
closure, such ordinance must be approved by at which shall be registered with the Department
least two-thirds (2/3) of all the members of of the Interior and Local Government: Provided,
the sanggunian, and when necessary, an further, That any change of corporate seal shall
adequate substitute for the public facility that is also be registered as provided herein.
subject to closure is provided. (c) Unless otherwise provided in this Code,
(b) No such way or place or any part contract may be entered into by the local chief
thereof shall be permanently closed without executive in behalf of the local government unit
making provisions for the maintenance of public without prior authorization by the sanggunian
safety therein. A property thus permanently concerned. A legible copy of such contract shall
withdrawn from public use may be used or be posted at a conspicuous place in the
conveyed for any purpose for which other real provincial capitol or the city, municipal or
property belonging to the local government unit barangay hall.
concerned may be lawfully used or conveyed: (d) Local government units shall enjoy full
Provided, however, That no freedom park shall autonomy in the exercise of their proprietary
be closed permanently without provision for its functions and in the management of their
transfer or relocation to a new site. economic enterprises, subject to the limitations
(c) Any national or local road, alley, provided in this Code and other applicable
park, or square may be temporarily closed laws.
during an actual emergency, or fiesta
celebrations, public rallies, agricultural or Sec23: Authority to Negotiate and Secure Grants.
industrial fairs, or an undertaking of public – Local chief executives may, upon authority of the
works and highways, telecommunications, and sanggunian, negotiate and secure financial grants
waterworks projects, the duration of which shall or donations in kind, in support of the basic
be specified by the local chief executive services or facilities enumerated under Section 17
concerned in a written order: Provided, hereof, from local and foreign assistance agencies
however, That no national or local road, alley, without necessity of securing clearance or approval
park, or square shall set temporarily closed for therefor from any department, agency, or office of
athletic, cultural, or civic activities not officially the national government or from any higher local
sponsored, recognized, or approved by the government unit: Provided, That projects financed
local government unit concerned. by such grants or assistance with national security
(d) Any city, municipality, or implications shall be approved by the national
barangay may, by a duly enacted ordinance, agency concerned: Provided, further, That when
temporarily close and regulate the use of any such national agency fails to act on the request for
local street, road, thoroughfare, or any other approval within thirty (30) days from receipt thereof,
public place where shopping malls, Sunday, flea the same shall be deemed approved.
or night markets, or shopping areas may be
established and where goods, merchandise, The local chief executive shall, within thirty (30)
foodstuffs, commodities, or articles of days upon signing of such grant agreement or deed
commerce may be sold and dispensed to the of donation, report the nature, amount, and terms
general public.
of such assistance to both Houses of Congress and component cities and municipalities shall retain
the President. their basic autonomy and shall be entitled to their
own local executive and legislative assemblies. The
Sec24: Liability for Damages. – Local government jurisdiction of the metropolitan authority that will
units and their officials are not exempt from liability thereby be created shall be limited to basic
for death or injury to persons or damage to services requiring coordination.
property.
Sec15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
TRIVIA: Beer contains the Vitamin B group, while water does not. geographical areas sharing common and distinctive
Kaya mas mahal ang isang bote ng beer sa isang bote ng tubig. historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity of
the Republic of the Philippines.
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Sec16. The President shall exercise general
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wonderfully exciting way to make partner sex more
sensual and loving, and can really spice up a Sec19. The first Congress elected under this
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(continued)
Held: BP 56 is valid.
The 1973 Constitutional provision does not proscribe
Creation nor prohibit modification of territorial and political
subdivisions before enactment of the 1983 LGC.
Padilla, Jr. vs. COMELEC (1992) What it means is that once said Code is enacted, the
creation, modification or dissolution of LGUs should
Facts: conform with the criteria thus laid down. Before
In 1991, COMELEC promulgated a Resolution enactment of 1983 LGC, the legislative power
pursuant to RA7155 approving the creation of the remains plenary except that the creation of the new
LGU should be approved by the people concerned in
a plebiscite called for the purpose. Cawaling’s argument that the Municipality of
Sorsogon alone already qualifies to be upgraded to a
CAB is different from Tan v Comelec since in that component city goes into the wisdom of R.A. No.
case, the LGC already existed at the time the 8806, a matter which we are not competent to rule. In
challenged statute (BP885) was enacted. Second, the exercise of judicial power, we are allowed only "to
BP885 confined the plebiscite to the “proposed new settle actual controversies involving rights which are
province” to the exclusion of the voters in the legally demandable and enforceable," and "may not
remaining areas, in contravention of the Const and of annul an act of the political departments simply
the LGC that plebiscite should be held “in the unit or because we feel it is unwise or impractical”.
units affected”. Third, the requisite area for creation of
a new province was not complied with in BP885. Contrary to petitioner's assertion, there is only one
Finally, “Indecent haste” attended the enactment of subject embraced in the title of the law, that is, the
BP885 and the holding of the plebiscite thereafter creation of the City of Sorsogon. The
abolition/cessation of the corporate existence of the
Cruz, Concurring – on the assumption that the Municipalities of Bacon and Sorsogon due to their
required plebiscite (although not questioned) merger is not a subject separate and distinct from the
complied with the Constitutional provision, and was creation of Sorsogon City. Such abolition/cessation
duly held “in the unit or units affected” not only in was but the logical, natural and inevitable
the proposed municipality but also in the mother consequence of the merger. It is well-settled that the
municipality in line with Tan vs. Comelec, reversing "one title-one subject" rule does not require the
Paredes vs. Exec. Sec. and Lopez vs. Metro Manila Congress to employ in the title of the enactment
Commission (where these cases held that plebiscite language of such precision as to mirror, fully index or
could be confined only to the political unit proposed catalogue all the contents and the minute details
to be created) therein. The rule is sufficiently complied with if the
title is comprehensive enough as to include the
general object which the statute seeks to effect, and
Cawaling vs. COMELEC (2001) where, as here, the persons interested are informed
of the nature, scope and consequences of the
Facts: proposed law and its operation. Moreover, this Court
Pres. Estrada signed into law R.A. No. 8806, an (Act has invariably adopted a liberal rather than technical
Creating The City Of Sorsogon). Pursuant to Section construction of the rule "so as not to cripple or
10, Article X of the Constitution, COMELEC impede legislation."
conducted a plebiscite in the Municipalities of Bacon
and Sorsogon and submitted the matter for The 120-day period within which to conduct the
ratification. The Plebiscite City Board of Canvassers plebiscite starts from the date of Act’s effectivity (i.e.,
(PCBC) proclaimed the creation of the City of after publication in at least two (2) newspapers of
Sorsogon as having been ratified and approved by general and local circulation). Quite plainly, the last
the majority of the votes cast in the plebiscite. sentence of Section 10 mandates that the plebiscite
Cawaling, filed on 2 petitions seeking the annulment shall be conducted within 120 days from the date of
of the plebiscite and seeking to enjoin the further the effectivity of the law, not from its approval. While
implementation of R.A. No. 8806 for being the same provision allows a law or ordinance to fix
unconstitutional. "During the pendency of these "another date" for conducting a plebiscite, still such
cases (May 2001 elections), the newly-created date must be reckoned from the date of the effectivity
Sorsogon City had the first election of its officials. of the law.
Since then, the City Government of Sorsogon has
been regularly discharging its corporate and political
powers pursuant to its charter, R.A. No. 8806. Pelaez vs. Auditor General (1965)
It is obvious, however, that the power to fix such If a municipality entered into contracts before the
common boundary, in order to avoid or settle conflicts declaration of nullity, it must still comply with it since
of jurisdiction between adjoining municipalities, may the operative fact is that its rights and obligations
partake of an administrative nature but the authority must be complied with. (Municipality of Malabang
to create municipal corporations is essentially case).
legislative in nature.
Although Congress may delegate to another branch
of the government the power to fill in the details in the
Not all LGUs created by Executive void. In the
Municipality of San Narcisco case, the municipal
execution, enforcement or administration of a law, it
district was a de facto corporaton for only after 30
is essential, to forestall a violation of the principle of
year of existing was it questioned; All those years
separation of powers, that said law: (a) be complete
government had acknowledged its existence plus
in itself — it must set forth therein the policy to be
Sec 442(d) cures defect.
executed, carried out or implemented by the delegate
— and (b) fix a standard — the limits of which are
sufficiently determinate or determinable — to which Abolition
the delegate must conform in the performance of his
Sultan Usman Sarangani vs. COMELEC (2000)
Held: COMELEC did not act with GAOD. Held: RTC has jurisdiction over TRO.
The determination of WON a certain election precinct Sec. 7, Art. IX-A of 1987 Consti provides that any
actually exists or not and whether the voters decision, order or ruling of each Commission such as
registered in said precinct are real voters is a factual COMELEC, may be brought on certiorari to SC by
matter which if based on duly supported by evidence the aggrieved party w/in 30 days from receipt. The
are conclusive upon the SC, more so in the absence COMELEC’s powers are classified either as
of a substantiated attack on the validity of the same. adjudicatory/quasi-judicial or administrative or
Upon the records, SC found that COMELEC had ministerial. Final orders, rulings and decisions of
exerted efforts to investigate and verify the facts in COMELEC reviewable by SC are those rendered in
the report, hence its conclusion that there were no actions or proceedings before COMELEC and taken
inhabitants in PT. If there were no inhabitants, then cognizance of said body in the exercise of its
there can be no registered voters or the registered adjudicatory or quasi-judicial powers.
voters may have left.
The issuance of the COMELEC resolution in this
It is not impossible for a certain brgy not to actually case was pursuant to Sec. 10 of LGCode and is thus
have any inhabitants considering that people migrate. a ministerial duty of the COMELEC that is enjoined
A barangay may officially exist on record and the fact by law and part and parcel of its administrative
that nobody resides in the place does not result in its functions. It involves no exercise of discretionary
automatic cessation as a unit of local government. authority. It is also not an exercise of quasi-judicial
Under the LGCode, the abolition of a government unit power to hear and resolve controversies defining the
may be done by Congress in the case of a province, rights and duties of the parties relative to the conduct
city, municipality or any other political subdivision. In of elections of public officers and the enforcement of
the case of a brgy, except in Metro Manila and election laws.
cultural communities, it may be done by the
Sangguniang Panlalawigan or Panglungsod The COMELEC resolution was merely an incident of
concerned subject to the mandatory requirement of a its inherent administrative functions over the conduct
plebiscite conducted for the purpose in the political of plebiscites, thus it may not be deemed a “final
units affected. order” reviewable by the SC. Any question pertaining
to the validity of the resolutions may well be taken in
The right of suffrage is not tampered with when a list an ordinary civil actions before RTC.
of fictitious voters is excluded from an electoral
exercise. No voter is disenfranchised because no
such voter exists. Such exclusion of non-existent Income
voters all the more protects the validity and credibility
of the electoral process because electoral will would Alvarez vs. Guingona (1996)
not be rendered nugatory.
Facts: representatives shall have been elected in the next
Petitioners, assail the validity of RA7720 (Santiago regular congressional elections and qualified.
City Act) because: (1) It allegedly did not originate The incumbent elected officials of the said sub-
exclusively in the House of Representatives as provinces converted into regular provinces shall
mandated by Sec24, Art6 of the 1987 Constitution continue to hold office until June 30, 1992. Any
and (2) the Municipality of Santiago has not met the vacancy occurring in the offices occupied by said
minimum average annual income required under incumbent elected officials, or resulting from
Sec450 of 1991LGC in order to be converted into a expiration of their terms of office in case of a
component city. negative vote in the plebiscite results, shall be filled
by appointment by the President. The appointees
Held: RA 7720 complied with Const requirements. shall hold office until their successors shall have
Petitioners’ claim that the law did not originate been elected in the regular local elections following
exclusively in the House of Representatives because the plebiscite mentioned herein and qualified. After
a bill of same import (SB1243) was passed in the effectivity of such conversion, the President shall fill
Senate is untenable because it cannot be denied that up the position of governor of the newly-created
HB8817 was filed in the House first (April 19, 1993) province through appointment if none has yet been
before SB1243 was filed in the Senate (May 19, appointed to the same as hereinbefore provided,
1993), which they themselves admitted. Senate and shall also appoint a vice-governor and the
clearly held in abeyance any action on SB1243 until it other members of the sangguniang panglalawigan,
received HB9917 already approved on 3rd reading all of whom shall likewise hold office until their
from the House. The filing in the Senate of a successors shall have been elected in the nest
substitute bill in anticipation of its receipt of the bill regular local elections and qualified.
from the House does not contravene the All qualified appointive officials and employees in
Constitution. the career service of the said sub-provinces at the
time of their conversion into regular provinces shall
Santiago has met the minimum requirement. IRAs continue in office in accordance with civil service
form part of the income of LGUs. They are items of law, rules and regulations.
income because they form part of the gross accretion
of the funds of the LGU. They regularly and
automatically accrue to the local treasury without Griño vs. COMELEC (1992)
need of any further action on the part of the LGU.
(Sec7, LGC) They thus constitute income which the Facts:
local government can invariably rely upon as the Sub-province of Guimaras is composed of 3
source of much needed funds. municipalities which constitute a part of 2 nd district of
Iloilo. In previous elections, voters from the 3
municipalities were allowed to vote for the provincial
Sub-Provinces officials of entire province of Iloilo.
When 1991LGC came into effect, Sec462 called for
1987 Constitution, Art XVIII: Transitory Provisions the conversion of existing subprovinces into regular
Sec9: A sub-province shall continue to exist and provinces upon approval by a majority of the votes
operate until it is converted into a regular province cast in a plebiscite to be held in the areas directly
or until its component municipalities are reverted to affected by the conversion. It also directed holding of
the mother province. plebiscite simultaneously with national elections
following effectivity of LGC.
COMELEC conducted a plebiscite for the conversion
Local Government Code (1991) – RA7160 of Guimaras simultaneously with the May1992
Sec462. Existing Sub-Provinces – Existing sub- elections. It issued rules and regulations governing
provinces are hereby converted into regular the plebiscite – that all registered voters of Iloilo
provinces upon approval by a majority of the votes (except Iloilo City) and Guimaras qualified to vote in
cast in a plebiscite to be held in the said sub- the provincial elections were qualified to vote in the
provinces and the original provinces directly plebiscite.
affected. The plebiscite shall be conducted by the The ballots used contained the plebiscite question
COMELEC simultaneously with the national but petitioners observed that ballots distributed to
elections following the effectivity of this Code. 3municipalities of Guimaras did not contain any
The new legislative districts created as a result of space or provision for election of provincial officials.
such conversion shall continue to be represented in Petitioners allege that COMELEC acted
Congress by the duly-elected representatives of the without jurisdiction and with GAOD when it
original districts out of which said new provinces or disallowed Guimaras voters from voting provincial
districts were created until their own officers since LGC had no specific provision that sub-
province voters shall no longer be allowed to vote for its members, transfer the same to a site better
provincial officers in case they vote against suited to its needs: Provided, however, That no
conversion such transfer shall be made outside the
territorial boundaries of the local government
Held: COMELEC acted without jurisdiction. unit concerned.
Although Sec 462 LGC completely addresses an The old site, together with the improvements
eventuality where people of both the original and the thereon, may be disposed of by sale or lease or
new district (to be created) agree to the proposed converted to such other use as the sanggunian
creation of the new district (by appointment of concerned may deem beneficial to the local
President, if none appointed yet, of the provincial government unit concerned and its inhabitants.
officers of new district), the provision is incomplete if (c) Local government offices and facilities shall not
the proposed conversion is rejected by those be transferred, relocated, or converted to other
affected. uses unless public hearings are first conducted
Whatever incumbent elective positions exist under for the purpose and the concurrence of the
the present set-up, it appears that in case of a majority of all the members of the sanggunian
negative vote, these sub-provincial positions shall be concerned is obtained.
filled by appointment of the President. But it failed to
foresee that in the event the negative vote prevails
naturally, the sub-province shall continue to be a part Samson vs. Aguirre (1999)
of the original province and continue to be
represented by the provincial officials of the original Facts:
province. In 1998, President Ramos signed into law RA 8535
creating the City of Novaliches, out of 15 barangays
However, it would be useless to undo the of QC. Petitioner challenges the constitutionality of
plebiscite conducted by COMELEC. RA 8535 because (1) RA 8535 failed to conform with
Voters overwhelmingly voted for the approval of the LGC, Sec 7, 11 (a) and 450 (a) as to
the conversion of Guimaras into a regular province. requirements of income, population, and land area,
In this event, President shall appoint the provincial seat of government and no adverse effect to Quezon
officials for the newly created province of Guimaras City; (2) RA 8535 violated IRR 11(b) (1) and (2) as to
(which in fact President had already done). Guimaras furnishing a copy of the petition calling creation of
being a regular and politically independent province Novaliches City to the QC Council and (3) RA 8535
from Iloilo, there is no more legal basis to call for a will amend the Constitution
special election for the 3municipalities in Guimaras
for purpose of electing their provincial officials. Held: NO, RA 8535 perfectly lawful and
constitutional.
TRIVIA: In Guimaras , you can eat its famous mangoes but you Rule: Every statute is presumed valid. Petitioner did
cannot take home the mango seed (“buto ng mangga”).
not overcome the presumption of validity.
As to alleged lack of certifications: Petitioner did not
present proof, but only mere allegations, that no
certifications were submitted to the House of
Selection and Transfer of Local Government Sites Representatives Committee on Local Government.
So presumption stands that the law was passed had
Sec11, LGC: Selection and Transfer of Local complied with all the requisites.
Government Site, Offices and Facilities –
(a) The law or ordinance creating or merging local As to petitioner's argument that the oral
government units shall specify the seat of manifestations made by the above mentioned gov't
government from where governmental and representatives were not enough certification: the
corporate services shall be delivered. In government officials were armed with official statistics
selecting said site, factors relating to and reference materials. Petitioner also failed to
geographical centrality, accessibility, availability show that aside from the oral manifestations, these
of transportation and communication facilities, government officials did not submit written
drainage and sanitation, development and certifications. Hence, SC shall presume that these
economic progress, and other relevant requirements were met on the passage of the
considerations shall be taken into account. legislative act.
(b) When conditions and developments in the local
government unit concerned have significantly As to failure to specify the seat of government (as
changed subsequent to the establishment of required by sec 11 of the LGC): Indeed, RA 8535
the seat of government, its sanggunian may, failed to provide for a seat of government for
after public hearing and by a vote of 2/3 of all Novaliches. But this omission is not fatal to the
validity of RA 8535. Under section 12 of the LGC, municipalities of Cotabato. Prompted by the coming
Novaliches may still establish a seat of government elections, Comelec adopted its resolution of August
after its creation. Note that while sec 12 of the LGC 15, 1967, which affirms the new municipality. As the
merely speaks of the site of government centers, law stood, twelve barrios - in two municipalities in the
such site can also very well be the seat of province of Cotabato — are transferred to the
government. province of Lanao del Sur. This brought about a
change in the boundaries of the two provinces.
As to adverse effect to QC: QC Mayor Ismael Mathay Apprised of this development, the Office of the
Jr. himself, who was present during the deliberations President, through the Assistant Executive Secretary,
in the Senate committee hearings, made no mention recommended to Comelec that the operation of the
of any deleterious effects. statute be suspended until "clarified by correcting
legislation."
As to the fact that the QC Council was not furnished Comelec, by resolution of September 20, 1967, stood
a copy of the petition: the purpose of this IRR by its own interpretation, declared that the statute
requirement is to duly inform the local council of such "should be implemented unless declared
petition and for them to have an opportunity to unconstitutional by the Supreme Court." Hence the
formulate comments. The matter at hand is widely original action for certiorari and prohibition by Bara
publicized already in the media. Hence, the Council Lidasan.
can not claim they were not informed.
Held: RA 4790 is unconstitutional.
Lastly, RA 8535 does not amend the Constitution.
The Ordinance attached to the Constitution merely It suffices if the title should serve the purpose of the
apportions the seats of the House of Representatives constitutional demand that it inform the legislators,
to the different legislative districts. Nowhere does it the persons interested in the subject of the bill, and
provide that Metro Manila shall be forever be the public, of the nature, scope and consequences of
composed of only 0f 17 cities and municipalities. the proposed law and its operation. And this, to lead
them to inquire into the body of the bill, study and
Political and Corporate Nature of Local discuss the same, take appropriate action thereon,
Government Units and, thus, prevent surprise or fraud upon the
legislators.
Sec5, LGC: Rules of Interpretation – In the In the CAB, the title — "An Act Creating the
interpretation of the provisions of this Code, the Municipality of Dianaton, in the Province of Lanao del
following rules shall apply: Sur" — projects the impression that solely the
xxx province of Lanao del Sur is affected by the creation
(d) Rights and obligations existing on the date of of Dianaton. Not the slightest intimation is there that
effectivity of this Code and arising out of contracts communities in the adjacent province of Cotabato are
or any other source of prestation involving a local incorporated in this new Lanao del Sur town. The
government unit shall be governed by the original phrase "in the Province of Lanao del Sur," read
terms and conditions of said contracts or the law in without subtlety or contortion, makes the title
force at the time such rights were vested; and misleading, deceptive. For, the known fact is that the
xxx legislation has a two-pronged purpose combined in
one statute: (1) it creates the municipality of Dianaton
Sec15, LGC: Political and Corporate Nature of purportedly from twenty-one barrios in the towns of
LGUs – Every local government unit created or Butig and Balabagan, both in the province of Lanao
recognized under this Code is a body politic and del Sur; and (2) it also dismembers two municipalities
corporate endowed with powers to be exercised by in Cotabato, a province different from Lanao del Sur.
it in conformity with law. As such, it shall exercise The transfer of a sizeable portion of territory from one
powers as a political subdivision of the National province to another of necessity involves reduction of
Government and as a corporate entity representing area, population and income of the first and the
the inhabitants of its territory. corresponding increase of those of the other. This is
as important as the creation of a municipality. And
yet, the title did not reflect this fact.
Lidasan vs. COMELEC (1964)
RA 4790 cannot salvaged by th nullification of the
portion which took away the twelve barrios in the
Facts:
municipalities of Buldon and Parang in the other
On June 18, 1966, the Chief Executive signed into
province of Cotabato.
law known as RA 4790 creating the new municipality
The general rule is that where part of the statute is
of Dianaton, Lanao del Sur. Some of the barrios
void, as repugnant to the Organic Law, while another
included in the new municipality came from
part is valid, the valid portion, if separable from the
invalid, may stand and be enforced. But in order to do should be informed of the subject of proposed
this, the valid portion must be so far independent of legislative measures. This constitutional provision
the invalid portion that it is fair to presume that the thus precludes the insertion of riders in legislation, a
Legislature would have enacted it by itself if they had rider being a provision not germane to the subject
supposed that they could not constitutionally enact matter of the bill.
the other. It is not to be narrowly construed though as to cripple
Municipal corporations perform twin functions. Firstly. or impede proper legislation. The construction must
They serve as an instrumentality of the State in be reasonable and not technical. It is sufficient if the
carrying out the functions of government. Secondly. title be comprehensive enough reasonably to include
They act as an agency of the community in the the general object which the statute seeks to effect
administration of local affairs. It is in the latter without expressing each and every end and means
character that they are a separate entity acting for necessary for the accomplishment of that object.
their own purposes and not a subdivision of the Mere details need not be set forth. The legislature is
State. not required to make the title of the act a complete
Consequently, several factors come to the fore in the index of its contents. The constitutional provision is
consideration of whether a group of barrios is satisfied if all parts of an act which relates to its
capable of maintaining itself as an independent subject find expression in its title.
municipality. Amongst these are population, territory, It would follow therefore that the challenged
and income. It was apparently these same factors legislation Republic Act No. 4790 is not susceptible to
which induced the writing out of House Bill 1247 the indictment that the constitutional requirement as
creating the town of Dianaton. When the foregoing to legislation having only one subject which should be
bill was presented in Congress, unquestionably, the expressed in his title was not met. The subject was
totality of the twenty-one barrios— not nine barrios— the creation of the municipality of Dianaton. That was
was in the mind of the proponent thereof. That this is embodied in the title.
so, is plainly evident by the fact that the bill itself, To avoid any doubt as to that validity of such statue, it
thereafter enacted into law, states that the seat of the must be construed as to exclude from Dianaton all of
government is in Togaig, which is a barrio in the such barrios mentioned in RA 4790 found in
municipality of Buldon in Cotabato. And then the municipalities outside Lanao del Sur. As thus
reduced area poses a number of questions, which interpreted, the statute can meet the test of the most
the SC may not supply the answer to any of these. rigid scrutiny. Nor is this to do violence to the
With the known premise that Dianaton was created legislative intent. What was created was a new
upon the basic considerations of progressive municipality from barrios named as found in Lanao
community, large aggregate population and sufficient del Sur. This construction assures precisely that.
income, we may not now say that Congress intended
to create Dianaton with only nine—of the original
twenty-one—barrios, with a seat of government still Torio vs. Fontanilla (1978)
left to be conjectured. For, this unduly stretches
judicial interpretation of congressional intent beyond Facts:
credibility point. To do so, indeed, is to pass the line The Municipal Council of Malasiqui, Pangasinan,
which circumscribes the judiciary and tread on resolved to celebrate the town fiesta and created a
legislative premises. "Town Fiesta Executive Committee" to undertake,
manage and supervise the festivities. The Executive
FERNANDO, J., dissenting: Committee created a sub-committee on
The mere fact that in the body of such statute barrios "Entertainment and Stage", which constructed two
found in two other municipalities of another province stages, one for the "zarzuela" and another for
were included does not of itself suffice for a finding of "cancionan." During the program people went up the
nullity by virtue of the constitutional provision "zarzuela" stage and before the play was over the
invoked. At the most, the statute to be free from the stage collapsed, pinning underneath one of the
insubstantial doubts about its validity must be performers, resulting in his death.
construed as not including the barrios, located not in The heirs of the deceased sued the municipality and
the municipalities of Butig and Balabagan, Lanao del the councilors for damages. The municipality invoked
Sur, but in Parang and Buldon, Cotabato. inter alia the principal defense that the holding of a
The constitutional requirement is that no bill which town fiesta was an exercise of its governmental
may be enacted into law shall embrace more than function from which no liability can arise to answer for
one subject which shall be expressed in the title of the negligence of any of its agents. The councilors
the bill. It is aimed against the evils of the so-called maintained that they merely acted as agents of the
omnibus bills, and log-rolling legislation, and against municipality in carrying out the municipal ordinance.
surreptitious or unconsidered enactments. Where the The trial court dismissed the complaint of a finding
subject of a bill is limited to a particular matter, the that the petitioners exercised due diligence and care
members of the legislature as well as the people
of a good father of a family in selecting a competent or elects them, can control them in the discharge of
man to construct the stage and if it collapsed it was their duties, can continue or remove them, can hold
due to forces beyond the control of the committee on them responsible for the manner in which they
entertainment and stage. discharge their trust, and if those duties relate to the
The Court of Appeals reversed. exercise of corporate powers, and are for the peculiar
benefit of the corporation in its local or special
Held: The celebration a town fiesta is an interest, they may justly be regarded as its agents or
undertaking in the exercise of a municipality's servants, and the maxim of respondent superior
government proprietary character thus is liable. applies." . . . (Dillon on Municipal Corporations, 5th
The powers of a municipality are twofold in character Ed., Vol. IV, p. 2879)
— public, governmental, or political on the one hand,
and corporate, private, or proprietary on the other.
Governmental powers are those exercised by the City of Manila vs. IAC (1989)
corporation in administering the powers of the state
and promoting the public welfare and they include the Facts:
legislative, judicial, public, and political, Municipal In 1971, Vivencio Sto. Domingo died and was buried
powers on the other hand are exercised for the in the North Cemetery (NC; Lot 159), leased by the
special benefit and advantage of the community and City to wife Irene for 50 yrs. Full payment of the
include those which are ministerial, private and rental fee is evidenced by official receipt which,
corporate. although appearing regular on its face, does not
reflect the term of duration of the lease. City Mayor
In the CAB, Section 2282 of the Chapter on Municipal issued an Admin Order which prescribes a uniform
Law of the Revised Administrative Code simply gives procedure and guidelines in the processing of
authority to the municipality to celebrate a yearly documents for the use and disposition of burial lots
fiesta but it does not impose upon it a duty to observe and plots within NC. By virtue of said AO, it was
one. Holding a fiesta even if the purpose is to believed that Lot 159 was leased only for 5 years to
commemorate a religious or historical event of the the Sto. Domingos. In 1978, Vivencio’s remains were
town is in essence an act for the special benefit of the exhumed and placed in a bag and placed in the
community and not for the general welfare of the depository of the cemetery. Sto. Domingos visited the
public performed in pursuance of a policy of the state. lot but found a new lessee therein. They inquired
The mere fact that the celebration, as claimed, was about the remains of Vivencio and was told that she
not to secure profit or gain but merely to provide can simply look for the remains of her husband in the
entertainment to the town inhabitants is not a warehouse of the cemetery. Irene claims that it was
conclusive test. For instance, the maintenance of impossible to locate the remains of Vivencio in a
parks is not a source of income for the town, depository containing thousands of sacks of human
nonetheless it is private undertaking as distinguished bones. Irene claims damages. City says it isn’t liable
from the maintenance of public schools, jails, and the since operation of a public cemetery is a
like which are for public service. Easily, no governmental function.
governmental or public policy of the state is involved
in the celebration of a town fiesta. Held: The operations and functions of a public
cemetery is a proprietary function of the City
Since the injury was caused respect to the City of Manila is a political body corporate and as
municipality’s proprietary functions, the settled rule is such is endowed with the faculties of municipal
that a municipal corporation can be held liable to third corporations to be exercised by and through its city
persons ex contractu or ex delicto if found negligent, government in conformity with law, and in its
which the CA found and held that there was corporate name. It may therefore sue and be sued,
negligence. and contract and be contracted with.
The municipality acting through its municipal council Maintenance of parks, golf courses, cemeteries and
appointed Macaraeg as chairman of the sub- airports, among others, are recognized as municipal
committee on entertainment and in charge of the or city activities of a proprietary character.
construction of the "zarzuela" stage. Macaraeg acted
merely as an agent of the Municipality. Under the In the absence of special laws, the NC is a
doctrine of respondent superior mentioned petitioner patrimonial property (see Art 424 CC) of the City
is responsible or liable for the negligence of its agent over which it exercises acts of dominion. There is
acting within his assigned tasks. therefore no doubt that the NC is owned by the City
". . . when it is sought to render a municipal in its proprietary or private character.
corporation liable for the act of servants or agents, a
cardinal inquiry is, whether they are the servants or
agents of the corporation. If the corporation appoints
The obligations arising from the contract of lease has
the force of law between the parties in the CAB. The The right of the public to use the city streets may not
City’s breach of a contractual provision entitles the be bargained away through contract.
Sto. Domingos to damages
Even assuming that the municipality has the authority
Under the doctrine of respondeat superior, the City is to pass the disputed ordinance, it cannot be
liable for the tortius acts committed by its agents who considered approved by the M.Mla. Authority due to
failed to verify and check the duration of the contract non-compliance with the imposed conditions. Also,
of lease. the establishment of the flea market would not help in
solving the problem of congestion in Baclaran.
Facts:
The Municipal Board of Caloocan City enacted an Balacuit vs. CFI (1988)
Ordinance providing for additional fees in private
cemeteries. Pursuant to the ordinance, Viray, Cajote Facts:
and Prieto, all residents of Manila, were charged by This case questions the validity and constitutionality
and actually paid to the City Treasurer of Caloocan of an Ordinance No. 640 which penalizes anyone
“entrance fees” for the burial of their relatives in La engaged in the business of selling admission tickets
Loma cemetery, a burial place not owned by the city to any movie or other public exhibitions, games,
government. contests or other performances and to require
Because the City Treasurer refused to refund the children between 7 and 12 years of age to pay half
entrance fees paid, the 3 filed an action in the CFI the cost for tickets intended for adults. Managers of 4
against the city government, contesting the legality of theaters sought to have the ordinance declared
the ordinance on the ground that it was a revenue- invalid since (1) it is an invalid exercise of police
raising measure which is beyond the taxing authority power and (2) and that the ordinance is not within the
of the city government to enact. The city government power of the Municipal Board to enact as provided for
claimed that it was justified by the general grant of in the Butaun City Charter.
taxation to chartered cities by Republic Act 2264 or
the Local Autonomy Act and as a valid exercise of Held: The city has no authority to enact the
police power. ordinance in question under its power to regulate
embodied in Section 15(n).
Held: Ordinance invalid
The power of regulation of public exhibitions and power, there must be a valid delegation of such
places of amusement within the city granted by the power of the state.
charter does not carry with it any authority to
interfered with the price admission to such places or Municipal governments exercise this power under the
the resale of tickets or tokens of admission general welfare clause of BP337 (old LGC) –
exercise powers expressly granted, necessarily
Even if the ordinance is based on its police power as implied, and necessary and proper to promote health
delegated under the welfare clause, ordinance is & safety, etc.
invalid. The exrcise of police power requires:
1. that the interest of the public generally requires an
COA, in saying that there is no perceptible
interference with private rights and
connection, tries to redefine the scope of police
2. the means adopted must be reasonably necessary
power by circumscribing its exercise to “public safety,
for the accomplishment of the purpose and
general welfare, etc of the inhabitants of Makati.”
3. not unduly oppressive upon individuals
The police power of a municipal corporation is: broad;
In the CAB, the was (1) no public necessity which
extends to all the great public needs; in a broad
demands the adopting of proper measures to secure
sense includes all legislation and almost every
the end sought to be attained by the enactment of the
function of the municipal government. Thus, it is
ordinance; (2) the means adopted are not reasonably
deemed inadvisable to attempt to frame any definition
necessary for the accomplishment of purpose and (3)
which shall absolutely indicate the limits of police
ordinance is clearly unreasonable if not unduly
power.
oppressive upon the business of the petitioners.
There is no no discernable relation between the
As regards COA’s additional objection, it shows that it
ordinance and the promotion of public health, safety,
is not attuned to the changing of times. Public
morals and general welfare
purpose is not unconstitutional merely because it
incidentally benefits a limited number of persons.
Gutierrez. Separate Opinion
police power is inherent in the State but not in
The care for the poor is general recognized as a
municipal corporations
public duty. The support for the poor has long been
no rational basis for classifying children as a
an accepted exercise of police power in the
distinct group insofar as paying for admission into
promotion of common good.
a moviehouse is concerned.
There is no violation of the equal protection clause in
classifying paupers as subject of legislation. Paupers
Binay vs. Domingo (1991) may be reasonably classified.
Rep. of the Philippines vs. City of Davao (2002) MyPleasure Guide to Sex Toys: Sex Toy Basics
Sex toys come in thousands of different sizes, shapes
Facts: and functions -- you could have a different toy for
City of Davao filed an application for a Certificate of every day of the week! But to narrow the search field,
Non-Coverage (CNC) for its proposed project, the think about your needs and preferences, and
Davao City Sports Dome with the Environmental consider the following questions:
Management Bureau (EMB) with the required What shapes appeal to you?
documents. EMB denied the application after finding Do you find some sex toys silly looking?
that the proposed project was w/in an Do you have a color preference?
environmentally critical area. It also held that Davao Do you know what materials you like most: silicone,
must undergo the environmental impact assessment jelly, rubber or plastic?
Do you want stay traditional or try something new seeking a permanent injunction against any
and wild? nuisance described under this Section.
Do you have trouble reaching orgasm during This Article does not restrict the right of any person
penetration? to proceed under the Civil Code against any public
Do you consider yourself to be "clitoral?" nuisance.
Do you want to use your toy alone or with a partner?
(continued)
Estate of Francisco vs. CA
Abatement of Nuisance
Facts:
Local Government Code
A Quonset hut standing on a lot owned by Phil. Ports
Sangguniang Bayan – Sec447, LGC: Powers, Authority (PPA) in Isabela, Basilan was purchased by
Duties, Functions and Compensation. – Gregoria Francisco in 1944. Proclamation 83
declared said land was for the exclusive use of port
Sangguniang Panlungsod – Sec458, LGC: facilities. PPA issued to Tan Gin San the surviving
Powers, Duties, Functions and Compensation. – spouse of Gregoria a permit to occupy the lot of the
Quonset for a year for storage of copra to expire Dec
31, 1989. Mayor Valencia notified Tan twice to
RA9165: An Act Instituting The Comprehensive relocate Quonset citing Zoning Ordinance No.14. It
Dangerous Drugs Act Of 2002, Repealing noted its antiquated and dilapidated structure and
Republic Act No. 6425, Otherwise Known As The stressed the "clear-up campaign on illegal squatters
Dangerous Drugs Act Of 1972, As Amended, and unsanitary surroundings along Strong
Providing Funds Therefor, And For Other Boulevard."
Purposes Since the notifications remained unheeded by Mayor
ordered the demolition.
Sec52: Abatement of Drug Related Public
Nuisances. — Any place or premises which have Held: Mayor cannot summarily order the
been used on two or more occasions as the site of demolition.
the unlawful sale or delivery of dangerous drugs Ordinance 147 does not authorize summary removal
may be declared to be a public nuisance, and such of non-conforming structure. Sec 16 of the ordinance
nuisance may be abated, pursuant to the following provides that a certificate of non-conformance is
procedures: necessary but even if Tan failed to obtain one, the
(1) Any city or municipality may, by ordinance, provision should not be interpreted as authorizing the
create an administrative board to hear complaints summary removal of a non-conforming building by
regarding the nuisances; the municipal gov’t. Otherwise, it would be violative of
(2) Any employee, officer, or resident of the city or due process and must be struck down.
municipality may bring a complaint before the
Board after giving not less than three (3) days LGCode imposes upon the mayor the duty "to cause
written notice of such complaint to the owner of the to be instituted judicial proceedings in connection
place or premises at his/her last known address; with the violation of ordinances" (LGCode, Sec. 141
and [2] [t]). Thus, the violation of a municipal ordinance
(3) After hearing in which the Board may consider neither empowers the Municipal Mayor to avail of
any evidence, including evidence of the general extra-judicial remedies.
reputation of the place or premises, and at which
the owner of the premises shall have an The general welfare clause authorizing the
opportunity to present evidence in his/her defense, abatement of nuisances without judicial proceedings
the Board may declare the place or premises to be applies to a nuisance per se, or one which affects the
a public nuisance. immediate safety of persons and property and may
be summarily abated under the undefined law of
Sec53: Effect of Board Declaration. — If the Board necessity
declares a place or premises to be a public
nuisance, it may declare an order immediately The storage of copra in the quonset is a legitimate
prohibiting the conduct, operation, or maintenance business. By its nature, it can not be said to be
of any business or activity on the premises which is injurious to rights of property, of health or of comfort
conducive to such nuisance. of the community. If it be a nuisance per accidens, it
An order entered under this Section shall expire may be so proven in a hearing conducted for that
after one (1) year or at such earlier time as stated purpose. It is not per se a nuisance warranting its
in the order. The Board may bring a complaint summary abatement without judicial intervention.
While the Sangguniang Bayan may provide for the to the EMB (National Pollution Control Commission
abatement of a nuisance (LGCode, Sec. 149 [ee]), it before) of DENR, the mayor of a town has as much
cannot declare a particular thing as a nuisance per se responsibility to protect its inhabitants from pollution.
and order its condemnation. The nuisance can only 2. Acting Mayor had called the attention of TDI
be so adjudged by judicial determination. to the pollution emitted by the fumes of its plant
whose offensive odor also affects the health of
the residents so that it was ordered to stop its
In CAB, Tan was in lawful possession of the lot and operation until further orders and required to
quonset by virtue of PPA permit. It was not squatting bring permits.
on public land. Its property was not of trifling value. It 3. The action of the Mayor was in response to
was thus entitled to an impartial hearing before a complaint of the residents directed to the
tribunal authorized to decide whether the quonset Provincial Governor.
building did constitute a nuisance in law. Although it may be true that some signatures in the
4page petition were written by one person
There was no compelling necessity for precipitate (particularly among members of same family), on the
action. The mayor et al transcended their authority in whole the many signatures appear to be written by
abating summarily the quonset building. They had different persons.
deprived petitioner of its property without due process Certification of barrio captain that he has not received
of law. any complaint on the matter must be because
complaint was sent directly to the Governor through
Acting Mayor.
Technology Developers, Inc. vs. CA (1991) 4. Closure order was issued after an
193SCRA147 investigation made by Guina – the fumes emitted
by plant goes directly to surrounding houses and
Facts: that no proper air pollution device has been
Technology Developers, Inc. (TDI) is a domestic installed.
private corporation engaged in the manufacture and 5. TDI failed to produce a building permit from
export of charcoal briquette. It received a letter from Sta. Maria municipality but instead presented a
acting mayor ordering full cessation of operation of its Makati building permit.
Sta. Maria plant and requesting Plant Managaer to 6. The temporary permit to operate from
bring to the office of the mayor permits (Building, National Pollution Control Commission TDI
Mayor’s, and Pollution of Environment and Natural presented was good only up to May25, 1988. TDI
Resources Anti-Pollution). As to the Anti-Pollution did not exert any effort to extend or validate its
Permit, TDI tried to secure it although it had permit nor to install any device to control the
previously secured before its operation a “Temporary pollution and prevent any hazard to the health of
Permit to Operate Air Pollution Installation” issued by the residents of the community.
Environmental Management Bureau (EMB). EMB is Although TDI had spent a huge investment in its
at a stage trying to determine correct kind of anti- dollar-earning industry, it must be stressed that
pollution devise to be installed for TDI’s renewal of its concomitant with the need to promote investment and
permit. TDI didn’t have a mayor’s permit so it tried to contribute to the growth of the economy is the equally
secure one but it was not entertained. Mayor ordered essential imperative of protecting the health and lives
padlocking of TDI’s plant premises without previous of the people from the deleterious effect of the
and reasonable notice upon TDI. TDI instituted an pollution of the environment.
action with RTC.RTC ruled in favor of mayor. MR by
TDI denied. CA affirmed.
Technology Developers, Inc. vs. CA (1991)
Held: The dissolution of the writ of preliminary 201SCRAxi
injunction is justified by the trial court and
correctly upheld by CA. Facts:
The following circumstances justify the TDI filed a motion for reconsideration of the SC
dissolution: decision denying its petition for review:
1. No Mayor’s Permit. The mayor can deny 1. SC decision being anchored on factual
application for a permit to operate a business or allegation in mayor’s pleadings, which all courts
close it by his police power unless appropriate assumed to be true, TDI alleges the following to
measures are taken to control or avoid injury to rebut the mayor’s factual bases:
the health of the residents of the community from a. TDI obtained a Mayor’s permit but
emissions in the operation of the business. from the wrong mayor (in Makati where its
While determination whether there is pollution of the principal office is located). Upon being
environment that requires control (if not prohibition) of
the operation of a business is essentially addressed
apprised of the need to obtain one in Sta. and again for 1990, and the Deputy Zoning
Maria, TDI applied but was rebuffed. Administrator of Sta. Maria, Bulacan had certified
b. Petition against the charcoal plant that the plant “is in accordance with the
was “padded” - NBI handwriting expert development plan and zonification of the locality
certified that several signatures in the petition Acting mayor may not capriciously deny a permit
by supposed residents of Brgy. Guyong were to operate a legitimate business on the ground that
written by only one person its plant was causing excessive air pollution
c. Guina’s report that smoke from plant Only the EMB, after due notice and hearing may
“contain particulate matters hazardous to determine whether excessive pollution exists as held
health” has not been verified and confirmed in the case Mead vs. Argel that EMB is given
by EMB. authority by Sec6:
d. TDI has a building permit issued by a. to determine whether a pollution
Building Official of Ministry of Public Works exists in any of the waters and/or atmospheric air
and Highways – a higher authority than the of the Philippines
building official of Sta. Maria. b. to hold public hearings, make
e. Permit issued by EMB authorizing findings of facts and determinations all with
TDI’s operation was renewed and extended respect to violations of the Act or orders issued
up to Dec.1990. It was not renewed in 1991 by the Commission
because of the mayor’s closure order. c. to institute or cause to be instituted in
2. SC must examine the jurisdictional issue of competent court legal proceedings to compel
whether a town mayor is empowered by law to compliance
close a plant/business (a) for lack of a mayor’s d. after due notice and hearing, revoke,
permit and (b) for alleged violation of anti- suspend or modify any permit issued under the
pollution laws. RTC and CA turned upon the Act whenever modifications are necessary to
mayor’s justifications for closure order issuance, prevent or abate pollution…
not his jurisdiction to do so. e. Sec8 on authority of Commission to
determine existence of pollution and to take
Held: Acting Mayor is without jurisdiction to issue appropriate court actions to abate or prevent it
closure orde. PD984 is the applicable law which f. That in matters not related to
created the National Pollution Control Commission nuisance, no court action shall be initiated until
(later renamed to EMB) as the primary agency Commission has determined existence of what in
responsible for prevention and control of law is considered pollution
environmental pollution in the country:
1. Sec10 and 17, PD984 affirms its primacy of It is beyond a municipal mayor’s and competence to
jurisdiction on matters of air, water and land review, revise, reverse, or set aside a permit to
pollution by providing that rules and regulations operate LTD’s charcoal briquette plant issued by
issued by EMB for prevention of pollution “shall EMB, which is the primary authority whether TDI’s
supersede and prevail over any rules or manufacturing process violates anti-pollution laws,
regulations as may heretofore have been issued rules and regulations.
by other government agencies… any provision of 1. Complaint against TDI should have been
laws…. addressed to EMB which alone is empowered to
Evidently, even provisions of Civil Code on investigate and determine (after public hearing)
nuisance (insofar as it is caused by pollution of air, whether:
water or land resources) are deemed superseded by a. Charcoal plant was causing air
PD984 (a special law on subject of pollution) pollution in excess of permissible limits
2. Sec6 enumerates powers and functions to b. Discharge of smoke from TDI’s
EMB which are not conferred by law on town 16meter smoke stack should be reduced or
officials (see #4 enumerated under Mead vs. discontinued
Argel case) c. Additional devices for that purpose
3. Sec7 requires that “public hearings shall be should be installed
conducted by the Commissioner xxx prior to d. Its business should be temporarily
issuance or promulgation of any order or decision suspended or totally banned
requiring discontinuance of discharge of xxx 2. EMB (special agency created by law for this
industrial wastes xxx into water, air or land purpose) assisted by its staff with expertise and
resources of the Philippines” facilities is one competent to investigate and
No public hearings was held by Acting Mayor determine degree and extent of air pollution in
It is the discharge of industrial wasters, not the plant site and around it, and determine the
operation of business, that may be discontinued danger it poses to people’s health
4. TDI had been issued by EMB to operate its Never the law’s intention to place in the hands of
plant in 1987-1988, renewed for the year 1989, just any layman the authority to determine if pollution
exists, and the power to toll the death knell of a multi- Sec10: Management of Nonattainment Areas. —
million peso industry which not only provides jobs but The Department shall designate areas where
also brings in export dollars for the country’s dollar- specific pollutants have already exceeded ambient
starved economy. standards as nonattainment areas. The
Department shall prepare and implement a
program that will prohibit new sources of exceeded
RA8749: An Act Providing For A Comprehensive air pollutant without a corresponding reduction in
Air Pollution Control Policy And For Other existing sources.
Purposes In coordination with other appropriate government
agencies, the LGUs shall prepare and implement a
Sec7: Integrated Air Quality Improvement program and other measures including relocation,
Framework. — The Department shall, within six (6) whenever necessary, to protect the health and
months after the effectivity of this Act, establish, welfare of residents in the area.
with the participation of LGUs, NGOs, POs, the For those designated as nonattainment areas, the
academe and other concerned entities from the Department, after consultation with local
private sector, formulate and implement the government authorities, nongovernment
Integrated Air Quality Improvement Framework for organizations (NGOs), people's organizations
a comprehensive air pollution management and (POs) and concerned sectors may revise the
control program. The framework shall, among designation of such areas and expand its coverage
others, prescribe the emission reduction goals to cover larger areas depending on the condition of
using permissible standards, control strategies and the areas.
control measures to be undertaken within a
specified time period, including cost-effective use of Sec11: Air Quality Control Techniques. —
economic incentives, management strategies, Simultaneous with the issuance of the guideline
collective action, and environmental education and values and standards, the Department, through the
information. research and development program contained in
The Integrated Air Quality Improvement Framework this Act and upon consultation with the appropriate
shall be adopted as the official blueprint with which advisory committees, government agencies and
all government agencies must comply with to attain LGUs, shall issue, and from time to time, revise
and maintain ambient air quality standards. information on air pollution control techniques.
Such information shall include…
Sec8: Air Quality Control Action Plan. — ….
Likewise, the LGUs, with the assistance from the Sec16: Permits. — Consistent with the provisions of
Department, shall prepare and develop an action this Act, the Department shall have the authority to
plan consistent with the Integrated Air Quality issue permits as it may determine necessary for the
Improvement Framework to attain and maintain the prevention and abatement of air pollution.
ambient air quality standards within their respective Said permits shall cover emission limitations for the
airsheds as provided in Section 9 hereof. regulated air pollutants to help attain and maintain
The local government units shall develop and the ambient air quality standards. These permits
submit to the Department a procedure for carrying shall serve as management tools for the LGUs in
out the action plan for their jurisdiction. The the development of their action plan.
Department, however, shall maintain its authority to
independently inspect the enforcement procedure Sec20: Ban on Incineration. — …
adopted. The Department shall have the power to Local government units are hereby mandated to
closely supervise all or parts of the air quality action promote, encourage and implement in their
plan until such time the local government unit respective jurisdiction a comprehensive ecological
concerned can assume the function to enforce the waste management that includes waste
standards set by the Department. segregation, recycling and composting.
A multi-sectoral monitoring team with broad public With due concern on the effects of climate change,
representation shall be convened by the the Department shall promote the use of state-of-
Department for each LGU to conduct periodic the-art, environmentally-sound and safe non-burn
inspections of air pollution sources to assess technologies for the handling, treatment, thermal
compliance with the emission limitations contained destruction, utilization, and disposal of sorted,
in their permits. unrecycled, uncomposted municipal, bio-medical
and hazardous wastes.
Sec9: Airsheds. — (Are these analogous to
watersheds?) Sec24: Pollution from Smoking. — Smoking inside
a public building or an enclosed public place
including public vehicles and other means of
transport or in any enclosed area outside of one's
private residence, private place of work or any duly his employee: Provided, finally, That in case an
designated smoking area is hereby prohibited employee is designated as such, he must have a
under this Act. This provision shall be implemented sufficient experience in environmental and natural
by the LGUs. resources management, conservation and
utilization.
Sec36: Role of Local Government Units. — Local
government units (LGUs) shall share the Sec39: Public Education and Information
responsibility in the management and maintenance Campaign. —
of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act, RA9003: AN ACT PROVIDING FOR AN
LGUs shall implement air quality standards set by ECOLOGICAL SOLID WASTE MANAGEMENT
the Board in areas within their jurisdiction: PROGRAM, CREATING THE NECESSARY
Provided, however, That in case where the Board INSTITUTIONAL MECHANISMS AND INCENTIVES,
has not been duly constituted and has not DECLARING CERTAIN ACTS PROHIBITED AND
promulgated its standards, the standards set forth PROVIDING PENALTIES, APPROPRIATING
in this Act shall apply. FUNDS THEREFOR, AND FOR OTHER
The Department shall provide the LGUs with PURPOSES
technical assistance, trainings and a continuing
capability-building program to prepare them to Sec10: Role of LGUs in Solid Waste Management.
undertake full administration of the air quality — Pursuant to the relevant provisions of R.A. No.
management and regulation within their territorial 7160, otherwise known as the Local Government
jurisdiction. Code, the LGUs shall be primarily responsible for
the implementation and enforcement of the
Sec37: Environment and Natural Resources provisions of this Act within their respective
Office. — There may be established an jurisdictions.
Environment and Natural Resources Office in every Segregation and collection of solid waste shall be
province, city, or municipality which shall be conducted at the barangay level specifically for
headed by the environment and natural resources biodegradable, compostable and reusable wastes:
officer and shall be appointed by the Chief Provided, That the collection of non-recyclable
Executive of every province, city or municipality in materials and special wastes shall be the
accordance with the provisions of Section 484 of responsibility of the municipality or city.
Republic Act No. 7160. Its powers and duties,
among others, are: Sec11: Provincial Solid Waste Management
a) To prepare comprehensive air quality Board. — A Provincial Solid Waste Management
management programs, plans and strategies within Board shall be established in every province, to be
the limits setforth in Republic Act No. 7160 and this chaired by the governor. Its members shall include:
Act which shall be implemented within its territorial (a) All the mayors of its component cities and
jurisdiction upon the approval of the sanggunian; municipalities;
b) To provide technical assistance and support to (b) One (1) representative from the Sangguniang
the governor or mayor, as the case may be, in Panlalawigan to be represented by the chairperson
carrying out measures to ensure the delivery of of either the Committees on Environment or Health
basic services and the provision of adequate or their equivalent committees, to be nominated by
facilities relative to air quality; the presiding officer;
c) To take the lead in all efforts concerning air (c) The provincial health and/or general services
quality protection and rehabilitation; officers, whichever may be recommended by the
d) To recommend to the Board air quality standards governor;
which shall not exceed the maximum permissible (d) The provincial environment and natural
standards set by national laws; resources officer;
e) To coordinate with other government agencies (e) The provincial engineer;
and non-governmental organizations in the (f) Congressional representative/s from each
implementation of measures to prevent and control congressional district within the province;
air pollution; and (g) A representative from the NGO sector whose
f) Exercise such other powers and perform such principal purpose is to promote recycling and the
duties and functions as may be prescribed by law protection of air and water quality;
or ordinance: Provided, however, That in (h) A representative from the recycling industry;
provinces/cities/municipalities where there are no (i) A representative from the manufacturing or
environment and natural resources officers, the packaging industry; and
local executive concerned may designate any of his (j) A representative of each concerned government
official and/or chief of office preferably the agency possessing relevant technical and
provincial, city or municipal agriculturist, or any of
marketing expertise as may be determined by the (3) Recommend measures and safeguards
Board. against pollution and for the preservation of the
The Provincial Solid Waste Management Board natural ecosystem;
may, from time to time, call on any other concerned (4) Recommend measures to generate
agencies or sectors as it may deem necessary. resources, funding and implementation of projects
Provided, That representatives from the NGOs, and activities as specified in the duly approved
recycling and manufacturing or packaging solid waste management plans;
industries shall be selected through a process (5) Identify areas within its jurisdiction which
designed by themselves and shall be endorsed by have common solid waste management problems
the government agency representatives of the and are appropriate units for planning local solid
Board: Provided, further, That in the Province of waste management services in accordance with
Palawan, the Board shall be chaired by the Section 41 hereof;
chairman of the Palawan Council for Sustainable (6) Coordinate the efforts of the component cities
Development, pursuant to Republic Act No. 7611. and municipalities in the implementation of the
In the case of Metro Manila, the Board shall be Provincial Solid Waste Management Plan;
chaired by the chairperson of the MMDA and its (7) Develop an appropriate incentive scheme as
members shall include: an integral component of the Provincial Solid Waste
(i) All mayors of its component cities and Management Plan;
municipalities; (8) Convene joint meetings of the provincial, city
(ii) A representative from the NGO sector whose and municipal solid waste management boards at
principal purpose is to promote recycling and the least every quarter for purposes of integrating,
protection of air and water quality; synchronizing, monitoring and evaluating the
(iii) A representative from the recycling industry; development and implementation of its provincial
and solid waste management plan;
(iv) A representative from the manufacturing or (9) Represent any of its component city or
packaging industry. municipality in coordinating its resource and
The Board may, from time to time, call on any other operational requirements with agencies of the
concerned agencies or sectors as it may deem national government;
necessary. (10) Oversee the implementation of the Provincial
Provided, That representatives from the NGOs, Solid Waste Management Plan;
recycling and manufacturing or packaging (11) Review every two (2) years or as the need
industries shall be selected through a process arises the Provincial Solid Waste Management
designed by themselves and shall be endorsed by Plan for purposes of ensuring its sustainability,
the government agency representatives of the viability, effectiveness and relevance in relation to
Board. local and international developments in the field of
The Provincial Solid Waste Management Board solid waste management; and
shall have the following functions and (12) Allow for the clustering of LGUs for the
responsibilities: solution of common solid waste management
(1) Develop a provincial solid waste problems.
management plan from the submitted solid waste
management plans of the respective city and Sec12: City and Municipal Solid Waste
municipal solid waste management boards herein Management Board. — Each city or municipality
created. It shall review and integrate the submitted shall form a City or Municipal Waste Management
plans of all its component cities and municipalities Board that shall prepare, submit and implement a
and ensure that the various plans complement plan for the safe and sanitary management of solid
each other, and have the requisite components. waste generated in areas under its geographic and
The Provincial Solid Waste Management Plan shall political coverage.
be submitted to the Commission for approval. The City or Municipal Solid Waste Management
The Provincial Plan shall reflect the general Board shall be composed of the city or municipal
program of action and initiatives of the provincial mayor as head with the following as members:
government in implementing a solid waste (a) One (1) representative of the Sangguniang
management program that would support the Panlungsod or the Sangguniang Bayan, preferably
various initiatives of its component cities and chairpersons of either the Committees on
municipalities. Environment or Health, who will be designated by
(2) Provide the necessary logistical and the presiding officer;
operational support to its component cities and (b) President of the Association of Barangay
municipalities in consonance with subsection (f) of Councils in the municipality or city;
Sec. 17 of the Local Government Code; (c) Chairperson of the Sangguniang Kabataan
Federation;
(d) A representative from NGOs whose principal to provide either exclusive or non-exclusive
purpose is to promote recycling and the protection authority for the collection, transfer, storage,
of air and water quality; processing, recycling or disposal of municipal solid
(e) A representative from the recycling industry; waste. The proposals shall take into consideration
(f) A representative from the manufacturing or appropriate government rules and regulations on
packaging industry; and contracts, franchises and build-operate-transfer
(g) A representative of each concerned agreements;
government agency possessing relevant technical (10) Provide the necessary logistical and
and marketing expertise as may be determined by operational support to its component cities and
the Board. municipalities in consonance with subsection (f) of
The City or Municipal Solid Waste Management Sec. 17 of the Local Government Code;
Board may, from time to time, call on any (11) Recommend measures and safeguards
concerned agencies or sectors as it may deem against pollution and for the preservation of the
necessary. natural ecosystem; and
Provided, That representatives from the NGOs, (12) Coordinate the efforts of its component
recycling and manufacturing or packaging barangays in the implementation of the city or
industries shall be selected through a process municipal Solid Waste Management Plan.
designed by themselves and shall be endorsed by
the government agency representatives of the Sec13: Establishment of Multi-Purpose
Board. Environment Cooperatives or Associations in
The City and Municipal Solid Waste Boards shall Every LGU. — Multi-purpose cooperatives and
have the following duties and responsibilities: associations that shall undertake activities to
(1) Develop the City or Municipal Solid Waste promote the implementation and/or directly
Management Plan that shall ensure the long-term undertake projects in compliance with the
management of solid waste, as well as integrate provisions of this Act shall be encouraged and
the various solid waste management plans and promoted in every LGU.
strategies of the barangays in its area of
jurisdiction. In the development of the Solid Waste Sec16: Local Government Solid Waste
Management Plan, it shall conduct consultations Management Plans. — The province, city or
with the various sectors of the community; municipality, through its local solid waste
(2) Adopt measures to promote and ensure the management boards, shall prepare its respective
viability and effective implementation of solid waste 10-year solid waste management plans consistent
management programs in its component with the national solid waste management
barangays; framework: Provided, That the waste management
(3) Monitor the implementation of the City or plan shall be for the re-use, recycling and
Municipal Solid Waste Management Plan through composting of wastes generated in their respective
its various political subdivisions and in cooperation jurisdictions: Provided, further, That the solid waste
with the private sector and the NGOs; management plan of the LGU shall ensure the
(4) Adopt specific revenue-generating measures efficient management of solid waste generated
to promote the viability of its Solid Waste within its jurisdiction. The plan shall place primary
Management Plan; emphasis on implementation of all feasible re-use,
(5) Convene regular meetings for purposes of recycling, and composting programs while
planning and coordinating the implementation of identifying the amount of landfill and transformation
the solid waste management plans of the capacity that will be needed for solid waste which
respective component barangays; cannot be re-used, recycled, or composted. The
(6) Oversee the implementation of the City or plan shall contain all the components provided in
Municipal Solid Waste Management Plan; cAHIaE Sec. 17 of this Act and a timetable for the
(7) Review every two (2) years or as the need implementation of the solid waste management
arises the City or Municipal Solid Waste program in accordance with the National
Management Plan for purposes of ensuring its Framework and pursuant to the provisions of this
sustainability, viability, effectiveness and relevance Act: Provided, finally, That it shall be reviewed and
in relation to local and international developments updated every year by the provincial, city or
in the field of solid waste management; municipal solid waste management board.
(8) Develop the specific mechanics and For LGUs which have considered solid waste
guidelines for the implementation of the City or management alternatives to comply with Sec. 37 of
Municipal Solid Waste Management Plan; this Act, but are unable to utilize such alternatives,
(9) Recommend to appropriate local government a timetable or schedule of compliance specifying
authorities specific measures or proposals for the remedial measures and eventual compliance
franchise or build-operate-transfer agreements with shall be included in the plan.
duly recognized institutions, pursuant to R.A. 6957,
All local government solid waste management plan shall define and identify the specific strategies
plans shall be subjected to the approval of the and activities to be undertaken by its component
Commission. The plan shall be consistent with the barangays, taking into account the following
national framework and in accordance with the concerns:
provisions of this Act and of the policies set by the (1) Availability and provision of properly
Commission: Provided, That in the Province of designed containers or receptacles in selected
Palawan, the local government solid waste collection points for the temporary storage of solid
management plan shall be approved by the waste while awaiting collection and transfer to
Palawan Council for Sustainable Development, processing sites or to final disposal sites;
pursuant to R.A. No. 7611. (2) Segregation of different types of solid waste
for re-use, recycling and composting;
Sec17: The Components of the Local Government (3) Hauling and transfer of solid waste from
Solid Waste Management Plan. — The solid source or collection points to processing sites or
waste management plan shall include, but not be final disposal sites;
limited to, the following components: (4) Issuance and enforcement of ordinances to
(a) City or Municipal Profile — The plan shall effectively implement a collection system in the
indicate the following background information on barangay; and
the city or municipality and its component (5) Provision of properly trained officers and
barangays, covering important highlights of the workers to handle solid waste disposal.
distinct geographic and other conditions: The plan shall define and specify the methods and
(1) Estimated population of each barangay systems for the transfer of solid waste from specific
within the city or municipality and population collection points to solid waste management
projection for a 10-year period; facilities.
(2) Illustration or map of the city/municipality, (d) Processing — The plan shall define the
indicating locations of residential, commercial, and methods and the facilities required to process the
industrial centers, and agricultural area, as well as solid waste, including the use of intermediate
dump sites, landfills and other solid waste facilities. treatment facilities for composting, recycling,
The illustration shall indicate as well, the proposed conversion and other waste processing systems.
sites for disposal and other solid waste facilities; Other appropriate waste processing technologies
(3) Estimated solid waste generation and may also be considered provided that such
projection by source, such as residential, market, technologies conform with internationally-
commercial, industrial, construction/demolition, acceptable and other standards set in other laws
street waste, agricultural, agro-industrial, and regulations.
institutional, other wastes; and (e) Source reduction — The source reduction
(4) Inventory of existing waste disposal and component shall include a program and
other solid waste facilities and capacities. implementation schedule which shows the methods
(b) Waste characterization — For the initial by which the LGU will, in combination with the
source reduction and recycling element of a local recycling and composting components, reduce a
waste management plan, the LGU waste sufficient amount of solid waste disposed of in
characterization component shall identify the accordance with the diversion requirements of Sec.
constituent materials which comprise the solid 20.
waste generated within the jurisdiction of the LGU. The source reduction component shall describe the
The information shall be representative of the solid following:
waste generated and disposed of within that area. (1) strategies in reducing the volume of solid
The constituent materials shall be identified by waste generated at source;
volume, percentage in weight or its volumetric (2) measures for implementing such strategies
equivalent, material type, and source of generation and the resources necessary to carry out such
which includes residential, commercial, industrial, activities;
governmental, or other sources. Future revisions of (3) other appropriate waste reduction
waste characterization studies shall identify the technologies that may also be considered, provided
constituent materials which comprise the solid that such technologies conform with the standards
waste disposed of at permitted disposal facilities. set pursuant to this Act;
(c) Collection and Transfer — The plan shall (4) the types of wastes to be reduced pursuant
take into account the geographic subdivisions to to Sec. 15 of this Act;
define the coverage of the solid waste collection (5) the methods that the LGU will use to
area in every barangay. The barangay shall be determine the categories of solid wastes to be
responsible for ensuring that a 100% collection diverted from disposal at a disposal facility through
efficiency from residential, commercial, industrial re-use, recycling and composting; and
and agricultural sources, where necessary within its
area of coverage, is achieved. Toward this end, the
(6) new facilities and of expansion of existing The LGU recycling component shall evaluate
facilities which will be needed to implement re-use, industrial, commercial, residential, agricultural,
recycling and composting. governmental, and other curbside, mobile, drop-off,
The LGU source reduction component shall include and buy-back recycling programs, manual and
the evaluation and identification of rate structures automated materials recovery facilities, zoning,
and fees for the purpose of reducing the amount of building code changes and rate structures which
waste generated, and other source reduction encourage recycling of materials. The Solid Waste
strategies, including but not limited to, programs Management Plan shall indicate the specific
and economic incentives provided under Sec. 45 of measures to be undertaken to meet the waste
this Act to reduce the use of non-recyclable diversion specified under Sec. 20 of this Act.
materials, replace disposable materials and Recommended revisions to the building
products with reusable materials and products, ordinances, requiring newly-constructed buildings
reduce packaging, and increase the efficiency of and buildings undergoing specified alterations to
the use of paper, cardboard, glass, metal, and contain storage space, devices or mechanisms that
other materials. The waste reduction activities of facilitate source separation and storage of
the community shall also take into account, among designated recyclable materials to enable the local
others, local capability, economic viability, technical government unit to efficiently collect, process,
requirements, social concerns, disposition of market and sell the designated materials. Such
residual waste and environmental impact: recommendations shall include, but shall not be
Provided, That, projection of future facilities needed limited to separate chutes to facilitate source
and estimated cost shall be incorporated in the separation in multi-family dwellings, storage areas
plan. that conform to fire and safety code regulations,
(f) Recycling — The recycling component shall and specialized storage containers.
include a program and implementation schedule The Solid Waste Management Plan shall indicate
which shows the methods by which the LGU shall, the specific measures to be undertaken to meet the
in combination with the source reduction and recycling goals pursuant to the objectives of this
composting components, reduce a sufficient Act.
amount of solid waste disposed of in accordance (g) Composting — The composting component
with the diversion requirements set in Sec. 20. shall include a program and implementation
The LGU recycling component shall describe the schedule which shows the methods by which the
following: LGU shall, in combination with the source reduction
(1) The types of materials to be recycled under and recycling components, reduce a sufficient
the programs; amount of solid waste disposed of within its
(2) The methods for determining the categories jurisdiction to comply with the diversion
of solid wastes to be diverted from disposal at a requirements of Sec. 20 hereof.
disposal facility through recycling; and The LGU composting component shall describe the
(3) New facilities and expansion of existing following:
facilities needed to implement the recycling (1) The types of materials which will be
component. composted under the programs;
The LGU recycling component shall describe (2) The methods for determining the categories
methods for developing the markets for recycled of solid wastes to be diverted from disposal at a
materials, including, but not limited to, an disposal facility through composting; and
evaluation of the feasibility of procurement (3) New facilities, and expansion of existing
preferences for the purchase of recycled products. facilities needed to implement the composting
Each LGU may determine and grant a price component.
preference to encourage the purchase of recycled The LGU composting component shall describe
products. methods for developing the markets for composted
The five-year strategy for collecting, processing, materials, including, but not limited to, an
marketing and selling the designated recyclable evaluation of the feasibility of procurement
materials shall take into account persons engaged preferences for the purchase of composted
in the business of recycling or persons otherwise products. Each LGU may determine and grant a
providing recycling services before the effectivity of price preference to encourage the purchase of
this Act. Such strategy may be based upon the composted products.
results of the waste composition analysis (h) Solid waste facility capacity and final disposal
performed pursuant to this Section or information — The solid waste facility component shall include,
obtained in the course of past collection of solid but shall not be limited to, a projection of the
waste by the local government unit, and may amount of disposal capacity needed to
include recommendations with respect to accommodate the solid waste generated, reduced
increasing the number of materials designated for by the following:
recycling pursuant to this Act.
(1) Implementation of source reduction, of current and proposed programs to ensure the
recycling, and composting programs required in proper handling, re-use, and long-term disposal of
this Section or through implementation of other special wastes.
waste diversion activities pursuant to Sec. 20 of (k) Resource requirement and funding — The
this Act; funding component includes identification and
(2) Any permitted disposal facility which will be description of project costs, revenues, and revenue
available during the 10-year planning period; and sources the LGU will use to implement all
(3) All disposal capacity which has been secured components of the LGU solid waste management
through an agreement with another LGU, or plan.
through an agreement with a solid waste The plan shall likewise indicate specific projects,
enterprise. activities, equipment and technological
The plan shall identify existing and proposed requirements for which outside sourcing of funds or
disposal sites and waste management facilities in materials may be necessary to carry out the
the city or municipality or in other areas. The plan specific components of the plan. It shall define the
shall specify the strategies for the efficient disposal specific uses for its resource requirements and
of waste through existing disposal facilities and the indicate its costs. The plan shall likewise indicate
identification of prospective sites for future use. The how the province, city or municipality intends to
selection and development of disposal sites shall generate the funds for the acquisition of its
be made on the basis of internationally accepted resource requirements. It shall also indicate if
standards and on the guidelines set in Secs. 41 certain resource requirements are being or will be
and 42 of this Act. sourced from fees, grants, donations, local funding
Strategies shall be included to improve said and other means. This will serve as basis for the
existing sites to reduce adverse impact on health determination and assessment of incentives which
and the environment, and to extend life span and may be extended to the province, city or
capacity. The plan shall clearly define projections municipality as provided for in Sec. 45 of this Act.
for future disposal site requirements and the (l) Privatization of solid waste management
estimated cost for these efforts. projects — The plan shall likewise indicate specific
Open dump sites shall not be allowed as final measures to promote the participation of the private
disposal sites. If an open dump site is existing sector in the management of solid wastes,
within the city or municipality, the plan shall make particularly in the generation and development of
provisions for its closure or eventual phase out the essential technologies for solid waste
within the period specified under the framework management. Specific projects or component
and pursuant to the provisions under Sec. 37 of this activities of the plan which may be offered as
Act. As an alternative, sanitary landfill sites shall be private sector investment activity shall be identified
developed and operated as a final disposal site for and promoted as such. Appropriate incentives for
solid and, eventually, residual wastes of a private sector involvement in solid waste
municipality or city or a cluster of municipalities management shall likewise be established and
and/or cities. Sanitary landfills shall be designed provided for in the plan, in consonance with Sec.
and operated in accordance with the guidelines set 45 hereof and other existing laws, policies and
under Secs. 40 and 41 of this Act. regulations; and
(i) Education and public information — The (m) Incentive programs — A program providing
education and public information component shall for incentives, cash or otherwise, which shall
describe how the LGU will educate and inform its encourage the participation of concerned sectors
citizens about the source reduction, recycling, and shall likewise be included in the plan.
composting programs.
The plan shall make provisions to ensure that Sec18: Owner and Operator. — Responsibility for
information on waste collection services, solid compliance with the standards in this Act shall rest
waste management and related health and with the owner and/or operator. If specifically
environmental concerns are widely disseminated designated, the operator is considered to have
among the public. This shall be undertaken through primary responsibility for compliance; however, this
the print and broadcast media and other does not relieve the owner of the duty to take all
government agencies in the municipality. The reasonable steps to assure compliance with these
DECS and the Commission on Higher Education standards and any assigned conditions. When the
shall ensure that waste management shall be title to a disposal is transferred to another person,
incorporated in the curriculum of primary, the new owner shall be notified by the previous
secondary and college students. owner of the existence of these standards and of
(j) Special waste — The special waste the conditions assigned to assure compliance.
component shall include existing waste handling
and disposal practices for special wastes or Sec19: Waste Characterization. — The
household hazardous wastes, and the identification Department, in coordination with the LGUs, shall be
responsible for the establishment of the guidelines site collection as "compostable", "non-recyclable",
for the accurate characterization of wastes "recyclable" or "special waste", or any other
including determination of whether or not wastes classification as may be determined by the
will be compatible with containment features and Commission.
other wastes, and whether or not wastes are
required to be managed as hazardous wastes Sec43: Guidelines for Identification of Common
under R.A. 6969, otherwise known as the Toxic Solid Waste Management Problems. — For
Substances and Hazardous and Nuclear Wastes purposes of encouraging and facilitating the
Control Act. development of local government plans for solid
waste management, the Commission shall, as soon
Sec20: Establishing Mandatory Solid Waste as practicable but not later than six (6) months from
Diversion. — Each LGU plan shall include an the effectivity of this Act, publish guidelines for the
implementation schedule which shows that within identification of those areas which have common
five (5) years after the effectivity of this Act, the solid waste management problems and are
LGU shall divert at least 25% of all solid waste from appropriate units for clustered solid waste
waste disposal facilities through re-use, recycling, management services. The guidelines shall be
and composting activities and other resource based on the following:
recovery activities: Provided, That the waste (a) the size and location of areas which should
diversion goals shall be increased every three (3) be included;
years thereafter: Provided, further, That nothing in (b) the volume of solid waste which would be
this Section prohibits a local government unit from generated;
implementing re-use, recycling, and composting (c) the available means of coordinating local
activities designed to exceed the goal. government planning between and among the
LGUs and for the integration of such with the
ARTICLE 2 Segregation of Wastes national plan; and
Sec21: Mandatory Segregation of Solid Wastes. (d) possible lifespan of the disposal facilities.
— The LGUs shall evaluate alternative roles for the
public and private sectors in providing collection Sec44: Establishment of Common Waste
services, type of collection system, or combination Treatment and Disposal Facilities. — Pursuant to
of systems, that best meet their needs: Provided, Sec. 33 of R.A. 7160, otherwise known as the
That segregation of wastes shall primarily be Local Government Code, all provinces, cities,
conducted at the source, to include household, municipalities and barangays, through appropriate
institutional, industrial, commercial and agricultural ordinances, are hereby mandated to consolidate, or
sources: Provided, further, That wastes shall be coordinate their efforts, services, and resources for
segregated into the categories provided in Sec. 22 purposes of jointly addressing common solid waste
of this Act. management problems and/or establishing
For premises containing six (6) or more residential common waste disposal facilities.
units, the local government unit shall promulgate The Department, the Commission and local solid
regulations requiring the owner or person in charge waste management boards shall provide technical
of such premises to: and marketing assistance to the LGUs.
(a) provide for the residents a designated area
and containers in which to accumulate source CHAPTER IV Incentives
separated recyclable materials to be collected by Sec45: Incentives. — (a) Rewards, monetary or
the municipality or private center; and otherwise, shall be provided to individuals, private
(b) notify the occupants of such buildings of the organizations and entities, including
requirements of this Act and the regulations nongovernment organizations, that have
promulgated pursuant thereto. undertaken outstanding and innovative projects,
technologies, processes and techniques or
Sec22: Requirements for the Segregation and activities in re-use, recycling and reduction. Said
Storage of Solid Waste. — The following shall be rewards shall be sourced from the Fund herein
the minimum standards and requirements for created.
segregation and storage of solid waste pending (b) An incentive scheme is hereby provided for
collection: the purpose of encouraging LGUs, enterprises, or
(a) There shall be a separate container for each private entities, including NGOs, to develop or
type of waste from all sources: Provided, That in undertake an effective solid waste management, or
the case of bulky waste, it will suffice that the same actively participate in any program geared towards
be collected and placed in a separate and the promotion thereof as provided for in this Act.
designated area; and (1) Fiscal Incentives — Consistent with the
(b) The solid waste container depending on its provisions of E.O. 226, otherwise known as the
use shall be properly marked or identified for on-
Omnibus Investments Code, the following tax Commission. Such incentives shall include
incentives shall be granted: simplified procedures for the importation of
(a) Tax and Duty Exemption on Imported Capital equipment, spare parts, new materials, and
Equipment and Vehicles — Within ten (10) years supplies, and for the export of processed products.
upon effectivity of this Act, LGUs, enterprises or (3) Financial Assistance Program —
private entities shall enjoy tax and duty-free Government financial institutions such as the
importation of machinery, equipment, vehicles and Development Bank of the Philippines (DBP),
spare parts used for collection, transportation, Landbank of the Philippines (LBP), Government
segregation, recycling, re-use and composting of Service Insurance System (GSIS), and such other
solid wastes: Provided, That the importation of government institutions providing financial services
such machinery, equipment, vehicle and spare shall, in accordance with and to the extent allowed
parts shall comply with the following conditions: by the enabling provisions of their respective
(i) They are not manufactured domestically in charters or applicable laws, accord high priority to
sufficient quantity, of comparable quality and at extend financial services to individuals, enterprises,
reasonable prices; or private entities engaged in solid waste
(ii) They are reasonably needed and will be management.
used actually, directly and exclusively for the above (4) Extension of Grants to LGUs — Provinces,
mentioned activities; cities and municipalities whose solid waste
(iii) The approval of the Board of Investment management plans have been duly approved by
(BOI) of the DTI for the importation of such the Commission or who have been commended by
machinery, equipment, vehicle and spare parts. the Commission for adopting innovative solid waste
Provided, further, That the sale, transfer or management programs may be entitled to receive
disposition of such machinery, equipment, vehicle grants for the purpose of developing their technical
and spare parts, without prior approval of the BOI, capacities toward actively participating in the
within five (5) years from the date of acquisition program for effective and sustainable solid waste
shall be prohibited, otherwise, the LGU concerned, management.
enterprises or private entities and the vendee, (5) Incentives to Host LGUs — Local
transferee or assignee shall be solidarily liable to government units who host common waste
pay twice the amount of tax and duty exemption management facilities shall be entitled to
given it. incentives.
(b) Tax Credit on Domestic Capital Equipment —
Within ten (10) years from the effectivity of this Act, CHAPTER V Financing Solid Waste Management
a tax credit equivalent to 50% of the value of the Sec46: Solid Waste Management Fund. — There is
national internal revenue taxes and customs duties hereby created, as a special account in the
that would have been waived on the machinery, National Treasury, a Solid Waste Management
equipment, vehicle and spare parts, had these Fund to be administered by the Commission. Such
items been imported shall be given to enterprises, fund shall be sourced from the following:
private entities, including NGOs, subject to the (a) Fines and penalties imposed, proceeds of
same conditions and prohibition cited in the permits and licenses issued by the Department
preceding paragraph. under this Act, donations, endowments, grants and
(c) Tax and Duty Exemption of Donations, contributions from domestic and foreign sources;
Legacies and Gift — All legacies, gifts and and
donations to LGUs, enterprises or private entities, (b) Amounts specifically appropriated for the
including NGOs, for the support and maintenance Fund under the annual General Appropriations Act.
of the program for effective solid waste The Fund shall be used to finance the following:
management shall be exempt from all internal (1) products, facilities, technologies and
revenue taxes and customs duties, and shall be processes to enhance proper solid waste
deductible in full from the gross income of the management;
donor for income tax purposes. (2) awards and incentives;
(2) Non-Fiscal Incentives — LGUS, enterprises (3) research programs;
or private entities availing of tax incentives under (4) information, education, communication and
this Act shall also be entitled to applicable non- monitoring activities;
fiscal incentives provided for under E.O. 226, (5) technical assistance; and
otherwise known as the Omnibus Investments (6) capability building activities.
Code. LGUs are entitled to avail of the Fund on the basis
The Commission shall provide incentives to of their approved solid waste management plan.
businesses and industries that are engaged in the Specific criteria for the availment of the Fund shall
recycling of wastes and which are registered with be prepared by the Commission.
the Commission and have been issued ECCs in The fines collected under Sec. 49 shall be allocated
accordance with the guidelines established by the to the LGU where the fined prohibited acts are
committed in order to finance the solid waste resources may group themselves and coordinate
management of said LGU. Such allocation shall be with each other to achieve the objectives of
based on a sharing scheme between the Fund and integrated fishery resource management. The
the LGU concerned. Integrated Fisheries and Aquatic Resources
In no case, however, shall the Fund be used for the Management Councils (FARMCs) established
creation of positions or payment of salaries and under Section 76 of this Code shall serve as the
wages. venues for close collaboration among LGUs in the
management of contiguous resources.
Sec47: Authority to Collect Solid Waste
Management Fees. — The local government unit Sec17: Grant of Fishing Privileges in Municipal
shall impose fees in amounts sufficient to pay the Waters. — The duly registered fisherfolk
costs of preparing, adopting, and implementing a organizations/cooperatives shall have preference in
solid waste management plan prepared pursuant to the grant of fishery rights by the Municipal/City
this Act. The fees shall be based on the following Council pursuant to Section 149 of the Local
minimum factors: Government Code: Provided, That in areas where
(a) types of solid waste; there are special agencies or offices vested with
(b) amount/volume of waste; and jurisdiction over municipal waters by virtue of
(c) distance of the transfer station to the waste special laws creating these agencies such as, but
management facility. not limited to, the Laguna Lake Development
The fees shall be used to pay the actual costs Authority and the Palawan Council for Sustainable
incurred by the LGU in collecting the local fees. In Development, said offices and agencies shall
determining the amounts of the fees, an LGU shall continue to grant permits for proper management
include only those costs directly related to the and implementation of the aforementioned
adoption and implementation of the plan and the structures.
setting and collection of the local fees.
Sec18: Users of Municipal Waters. — All fishery
related activities in municipal waters, as defined in
RA8550: An Act Providing For The Development, this Code, shall be utilized by municipal fisherfolk
Management And Conservation Of The Fisheries and their cooperatives/organizations who are listed
And Aquatic Resources, Integrating All Laws as such in the registry of municipal fisherfolk.
Pertinent Thereto, And For Other Purposes The municipal or city government, however, may,
through its local chief executive and acting
Sec16: Jurisdiction of Municipal/City pursuant to an appropriate ordinance, authorize or
Government. — The municipal/city government permit small and medium commercial fishing
shall have jurisdiction over municipal waters as vessels to operate within the ten point one (10.1) to
defined in this Code. The municipal/city fifteen (15) kilometer area from the shoreline in
government, in consultation with the FARMC shall municipal waters as defined herein, provided, that
be responsible for the management, conservation, all the following are met:
development, protection, utilization, and disposition a. no commercial fishing in municipal waters
of all fish and fishery/aquatic resources within their with depth less than seven (7) fathoms as certified
respective municipal waters. by the appropriate agency;
The municipal/city government may, in consultation b. fishing activities utilizing methods and gears
with the FARMC, enact appropriate ordinances for that are determined to be consistent with national
this purpose and in accordance with the National policies set by the Department;
Fisheries Policy. The ordinances enacted by the c. prior consultation, through public hearing,
municipality and component city shall be reviewed with the M/CFARMC has been conducted; and
pursuant to Republic Act No. 7160 by the d. the applicant vessel as well as the
sanggunian of the province which has jurisdiction shipowner, employer, captain and crew have been
over the same. certified by the appropriate agency as not having
The LGUs shall also enforce all fishery laws, rules violated this Code, environmental laws and related
and regulations as well as valid fishery ordinances laws.
enacted by the municipal/city council. In no case shall the authorization or permit
The management of contiguous fishery resources mentioned above be granted for fishing in bays as
such as bays which straddle several municipalities, determined by the Department to be in an
cities or provinces, shall be done in an integrated environmentally critical condition and during closed
manner, and shall not be based on political season as provided for in Section 9 of this Code.
subdivisions of municipal waters in order to
facilitate their management as single resource Sec19: Registry of Municipal Fisherfolk. — The
systems. The LGUs which share or border such LGU shall maintain a registry of municipal
fisherfolk, who are fishing or may desire to fish in
municipal waters for the purpose of determining limited to training for additional/supplementary
priorities among them, of limiting entry into the livelihood.
municipal waters, and of monitoring fishing
activities an/or other related purposes: Provided, Sec25: Rights and Privileges of Fishworkers. —
That the FARMC shall submit to the LGU the list of The fishworkers shall be entitled to the privileges
priorities for its consideration. accorded to other workers under the Labor Code,
Such list or registry shall be updated annually or as Social Security System and other benefits under
may be necessary, and shall be posted in barangay other laws or social legislation for workers:
halls or other strategic locations where it shall be Provided, That fishworkers on board any fishing
open to public inspection, for the purpose of vessels engaged in fishing operations are hereby
validating the correctness and completeness of the covered by the Philippine Labor Code, as
list. The LGU, in consultation with the FARMCs, amended.
shall formulate the necessary mechanisms for
inclusion or exclusion procedures that shall be
most beneficial to the resident municipal fisherfolk. STD Prevention and Treatment: General Comment
The FARMCs may likewise recommend such (Part 2)
mechanisms.
The LGUs shall also maintain a registry of It is a myth that one may acquire "immunity" to
municipal fishing vessels by type of gear and other STDs. Two other myths are that one cannot have
boat particulars with the assistance of the FARMC. more than one STD at once (you can have many at
once), and that one needs to have multiple partners
Sec20: Fisherfolk Organizations and/or
to acquire an STD (one is sufficient).
Cooperatives. — Fisherfolk
HIV and hepatitis may be spread through sharing
organizations/cooperatives whose members are
drug or steroid needles with someone who is
listed in the registry of municipal fisherfolk, may be
granted use of demarcated fishery areas to engage infected. In many cities, such as Seattle, one may go
in fish capture, mariculture and/or fish farming: to a needle exchange program for clean needles.
Provided, however, That an However, the best approach to the needle problem if
organization/cooperative member whose you're an injecting drug or steroid user is to obtain a
household is already in possession of a fishery supply of sterile syringes and needles for yourself,
right other than for fish capture cannot enjoy the and NEVER use a rig that has been used by
fishing rights granted to the organization or somebody else. It is true that you can clean
cooperative. somebody else's works, but if you need a fix you may
not be willing to sit through the sterilization
Sec21: Priority of Resident Municipal Fisherfolk. procedure, which takes time.
— Resident municipal fisherfolk of the municipality However, if using clean equipment is not an option,
concerned and their organizations/cooperatives the following procedure may be used. Pour 100%
shall have priority to exploit municipal and bleach (i.e. Clorox) into a container and repeatedly (3-
demarcated fishery areas of the said municipality. 4 times) draw the bleach into the needle up to the top
of the plunger, keep it there for a few minutes, and
Sec22: Demarcated Fishery Right. — The LGU then eject it down a drain (you can alternatively just
concerned shall grant demarcated fishery rights to take your rig apart and soak it in 100% bleach for
fishery organizations/cooperatives for mariculture about 10 minutes). After this step, rinse everything in
operation in specific areas identified by the
cold running water fora few minutes. If a cooker is
Department.
used, wipe it with a bleach-soaked cotton ball, and
then rinse the cooker with cold water and discard the
Sec23: Limited Entry Into Overfished Areas. —
Whenever it is determined by the LGUs and the cotton. Never share any of the water, bleach, or
Department that a municipal water is overfished cotton once it has been used during this procedure
based on available data or information or in danger with someone else. (end)
of being overfished, and that there is a need to
regenerate the fishery resources in that water, the Basic Services and Facilities
LGU shall prohibit or limit fishery activities in the
said waters. Sec17: Basic Services and Facilities. –
(c) Local government units shall
Sec24: Support to Municipal Fisherfolk. — The endeavor to be self-reliant and shall continue
Department and the LGUs shall provide support to exercising the powers and discharging the
municipal fisherfolk through appropriate technology duties and functions currently vested upon
and research, credit, production and marketing them. They shall also discharge the functions
assistance and other services such as, but not
and responsibilities of national agencies (ii). Pursuant to
and offices devolved to them pursuant to this national policies and subject to
Code. Local government units shall likewise supervision, control and review of the
exercise such other powers and discharge DENR, implementation of
such other functions and responsibilities as are community-based forestry projects
necessary, appropriate, or incidental to efficient which include integrated social
and effective provision of the basic services forestry programs and similar
and facilities enumerated herein. projects; management and control of
(d) Such basic services and facilities communal forests with an area not
include, but are not limited to, the following: exceeding fifty (50) square
(1) For a Barangay: kilometers; establishment of tree
(i) Agricultural support parks, greenbelts, and similar forest
services which include planting development projects;
materials distribution system and (iii). Subject to the
operation of farm produce collection provisions of Title Five, Book I of this
and buying stations; Code, health services which include
(ii) Health and social welfare the implementation of programs and
services which include maintenance projects on primary health care,
of barangay health center and day- maternal and child care, and
care center; communicable and non-
(iii) Services and facilities communicable disease control
related to general hygiene and services; access to secondary and
sanitation, beautification, and solid tertiary health services; purchase of
waste collection; medicines, medical supplies, and
(iv) Maintenance of equipment needed to carry out the
katarungang pambarangay; services herein enumerated;
(v) Maintenance of barangay (iv). Social welfare
roads and bridges and water supply services which include programs and
systems projects on child and youth welfare,
(vi) Infrastructure facilities family and community welfare,
such as multi- purpose hall, women's welfare, welfare of the
multipurpose pavement, plaza, elderly and disabled persons;
sports center, and other similar community-based rehabilitation
facilities; programs for vagrants, beggars,
(vii) Information and reading street children, scavengers, juvenile
center; and delinquents, and victims of drug
(viii) Satellite or public market, abuse; livelihood and other pro-poor
where viable; projects; nutrition services; and
(2) For a municipality: family planning services;
(i). Extension and (v). Information
on-site research services and services which include investments
facilities related to agriculture and and job placement information
fishery activities which include systems, tax and marketing
dispersal of livestock and poultry, information systems, and
fingerlings, and other seeding maintenance of a public library;
materials for aquaculture; palay, (vi). Solid waste
corn, and vegetable seed farms; disposal system or environmental
medicinal plant gardens; fruit tree, management system and services or
coconut, and other kinds of seedling facilities related to general hygiene
nurseries; demonstration farms; and sanitation;
quality control of copra and (vii). Municipal
improvement and development of buildings, cultural centers, public
local distribution channels, preferably parks including freedom parks,
through cooperatives; interbarangay playgrounds, and sports facilities and
irrigation system; water and soil equipment, and other similar
resource utilization and conservation facilities;
projects; and enforcement of fishery (viii). Infrastructure
laws in municipal waters including facilities intended primarily to service
the conservation of mangroves; the needs of the residents of the
municipality and which are funded
out of municipal funds including, but (iv). S
not limited to, municipal roads and ubject to the provisions of Title Five,
bridges; school buildings and other Book I of this Code, health services
facilities for public elementary and which include hospitals and other
secondary schools; clinics, health tertiary health services;
centers and other health facilities (v). S
necessary to carry out health ocial welfare services which include
services; communal irrigation, small pro grams and projects on rebel
water impounding projects and other returnees and evacuees; relief
similar projects; fish ports; artesian operations; and, population
wells, spring development, rainwater development services;
collectors and water supply systems; (vi). P
seawalls, dikes, drainage and rovincial buildings, provincial jails,
sewerage, and flood control; traffic freedom parks and other public
signals and road signs; and similar assembly areas, and other similar
facilities; facilities;
(ix). Public (vii). I
markets, slaughterhouses and other nfrastructure facilities intended to
municipal enterprises; service the needs of the residents of
(x). Public the province and which are funded
cemetery; out of provincial funds including, but
(xi). Tourism not limited to, provincial roads and
facilities and other tourist attractions, bridges; inter-municipal waterworks,
including the acquisition of drainage and sewerage, flood
equipment, regulation and control, and irrigation systems;
supervision of business concessions, reclamation projects; and similar
and security services for such facilities;
facilities; and (viii). P
(xii). Sites for police rograms and projects for low-cost
and fire stations and substations and housing and other mass dwellings,
the municipal jail; except those funded by the Social
(3) Fo Security System (SSS), Government
r a Province: Service Insurance System (GSIS),
(i). A and the Home Development Mutual
gricultural extension and on-site Fund (HDMF): Provided, That
research services and facilities which national funds for these programs
include the prevention and control of and projects shall be equitably
plant and animal pests and allocated among the regions in
diseases; dairy farms, livestock proportion to the ratio of the
markets, animal breeding stations, homeless to the population;
and artificial insemination centers; (ix). I
and assistance in the organization of nvestment support services,
farmers' and fishermen's including access to credit financing;
cooperatives and other collective (x). U
organizations, as well as the transfer pgrading and modernization of tax
of appropriate technology; information and collection services
(ii). through the use of computer
Industrial research and development hardware and software and other
services, as well as the transfer of means;
appropriate technology; (xi). I
(iii). P nter-municipal telecommunications
ursuant to national policies and services, subject to national policy
subject to supervision, control and guidelines; and
review of the DENR, enforcement of (xii). T
forestry laws limited to community- ourism development and promotion
based forestry projects, pollution programs;
control law, small-scale mining law, (4) For a City:
and other laws on the protection of All the services and facilities of the
the environment; and mini-hydro municipality and province, and in addition
electric projects for local purposes; thereto, the following:
(i). Adequate communication and (h) The Regional offices of national
transportation facilities; agencies or offices whose functions are
(ii). Support for education, police and fire devolved to local government units as provided
services and facilities. herein shall be phased out within one (1) year
(c) Notwithstanding the provisions of from the approval of this Code. Said national
subsection (b) hereof, public works and agencies and offices may establish such field
infrastructure projects and other facilities units as may be necessary for monitoring
funded by the national government under the purposes and providing technical assistance to
annual General Appropriations Act, other local government units. The properties,
special laws, pertinent executive orders, and equipment, and other assets of these regional
those wholly or partially funded from foreign offices shall be distributed to the local
sources, are not covered under this Section, government units in the region in accordance
except in those cases where the local with the rules and regulations issued by the
government unit concerned is duly designated oversight committee created under this Code.
as the implementing agency for such projects, (i) The devolution contemplated in
facilities, programs, and services. this Code shall include the transfer to local
(d) The designs, plans, specifications, government units of the records, equipment,
testing of materials, and the procurement of and other assets and personnel of national
equipment and materials from both foreign and agencies and offices corresponding to the
local sources devolved powers, functions, and
necessary for the provision of the foregoing responsibilities.
services and facilities shall be undertaken by Personnel of said national agencies or offices
the local government unit concerned, based on shall be absorbed by the local government
national units to which they belong or in whose areas
policies, standards and guidelines. they are assigned to the extent that it is
(e) National agencies or offices administratively viable as determined by the
concerned shall devolve to local government said oversight committee: Provided, That the
units the responsibility for the provision of basic rights accorded to such personnel pursuant to
services and facilities enumerated in this civil service law, rules and regulations shall not
Section within six (6) months after the be impaired: Provided, Further, That regional
effectivity of this Code. directors who are career executive service
As used in this Code, the term "devolution" officers and other officers of similar rank in the
refers to the act by which the national said regional offices who cannot be absorbed
government confers power and authority upon by the local government unit shall be retained
the various local government units to perform by the national government, without any
specific functions and responsibilities. diminution of rank, salary or tenure.
(f) The national government or the (j) To ensure the active participation
next higher level of local government unit may of the private sector in local governance, local
provide or augment the basic services and government units may, by ordinance, sell,
facilities assigned to a lower level of local lease, encumber, or otherwise dispose of public
government unit when such services or economic enterprises owned by them in their
facilities are not made available or, if made proprietary capacity.
available, are inadequate to meet the Costs may also be charged for the delivery of
requirements of its inhabitants. basic services or facilities enumerated in this
(g) The basic services and facilities Section.
hereinabove enumerated shall be funded from
the share of local government units in the
proceeds of national Pimentel, p.15
taxes and other local revenues and funding
support from the national government, its Devolution of Central Govt. powers and funds are
instrumentalities and government-owned or transferred directly to the provinces, cities,
-controlled corporations which are tasked by municipalities and barangays without any
law to establish and maintain such services or intermediary. The code also provides for effective
facilities. Any fund or resource available for the allocation among the different LGUs of their
use of local government units shall be first respective powers, functions responsibilities and
allocated for the provision of basic services or resources, meaning that they will not stop at any one
facilities enumerated in subsection (b) hereof level, but deep down to all levels of LGUs. Thus
before applying the same for other purposes, barangays exercise their powers without the need of
unless otherwise provided in this Code.
municipal approval, nor do they get funds from the The LGCode provision on the General Welfare
municipality but by direct allocation. Clause1 gives flesh and blood to the right of the
people to a balanced and healthful ecology.
4 general powers exercised by the LGUs:
1) those expressly granted by the code Moreover, Section 5(c) of the LGC explicitly
2) those implied from those expressly granted mandates that the general welfare provisions of
3) those necessary, appropriate or incidental for their the LGC "shall be liberally interpreted to give
efficient and effective governance more powers to the local government units in
4) those that are essential to the promotion of the accelerating economic development and
genera welfare of their inhabitants. upgrading the quality of life for the people of the
community."
Local Government Code, IRR One of the devolved powers enumerated in the
section of the LGCode on devolution is the
Article24: Devolution. — enforcement of fishery laws in municipal waters
(a) Consistent with local autonomy and including the conservation of mangroves. This
decentralization, the provision for the delivery of necessarily includes the enactment of ordinances to
basic services and facilities shall be devolved from effectively carry out such fishery laws within the
the National Government to provinces, cities, municipal waters.
municipalities, and barangays so that each LGU
shall be responsible for a minimum set of services Both ordinances have two principal objectives:
and facilities in accordance with established
national policies, guidelines, and standards. (a) to establish a "closed season" for the species
(b) For purposes of this Rule, devolution shall of fish or aquatic animals covered therein for a
mean the transfer of power and authority from the period of five years
National Government to LGUs to enable them to (b) to protect the coral in the marine waters of
perform specific functions and responsibilities. Puerto Princesa and Palawan from further
(c) Any subsequent change in national policies, destruction due to illegal fishing activities.
guidelines, and standards shall be subject to prior
consultation with LGUs. The accomplishment of the first objective is well
within the devolved power to enforce fishery laws in
municipal waters, such as P.D. No. 1015, which
Tano vs. Socrates (1997) - supra allows the establishment of "closed seasons." The
devolution of such power has been expressly
confirmed in a MOA bet DA and DILG.
Issue: WON the ordinances enacted are valid.
Held: Yes The realization of the second objective clearly falls
Ratio: within both the general welfare clause of the LGCode
The ordinances in question are meant precisely to and the express mandate to cities and provinces to
protect and conserve our marine resources to the protect the environment and impose appropriate
end that their enjoyment may be guaranteed not only penalties for acts which endanger the environment.
for the present generation, but also for the
The nexus between the activities barred by the
generations to come.
ordinances and the prohibited acts, on the one hand,
and the use of sodium cyanide, on the other, is
State policy also enshrined in the Constitution is the
painfully obvious. Thus, the public purpose and
duty of the State to protect and advance the right of
reasonableness of the Ordinances may not then be
the people to a balanced and healthful ecology in
controverted.
accord with the rhythm and harmony of nature.
Petition dismissed. TRO lifted.
1
SEC. 16. General Welfare. — Every local government unit shall exercise the
powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific
and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their
inhabitants.
repealed a special law unless the intent to repeal
is manifest.
Laguna Lake Dev’t Authority vs. CA (1995) 3) Where there is a conflict bet. a general law and a
special law, the latter prevails since it shows the
Facts: legislative intent more clearly than the latter.
RA 4850 created LLDA for the purpose of Implied repeals are not favored. Considering the
environmental protection and ecology, navigational reasons behind the establishment of the LLDA,
safety and sustainable development to accelerate the there is every indication that the legislative intent
dev’t and balanced growth of the Laguna Lake area is for LLDA to proceed with its mission. [ then
w/in the context of nat’l and regional plans and court says it agrees with LLDA’s manifestation ]
policies for social and econ dev’t. 4) The power granted to the LGUs by the LGC was
clearly for revenue purposes, since it (Sec 149) is
PD 813, EO 927 amended said RA which defined embodied in Ch 2 Bk 2 under the heading
and enlarged the functions and powers of LLDA and “Specific Provisions On the Taxing And Other
named and enumerated the towns, cities and Revenue Raising Power of LGUs”. While te
provinces encompassed by the term “Laguna de Bay power granted to the LLDA IS FOR THE
Region.” PURPOSE OF EFFECTIVELY REGULATING &
MONITORING activities in the Laguna Lake
When LGC 1991 was passed, the municipalities in Region and for lake quality control and
the Laguna Lake Region interpreted Secs. 149(b)[1- management. It does partake of the nature of
2] and 447 (XI) to mean that it gave them the police power.
exclusive jurisdiction to issue fishing privileges w/in 5) Removal of such power will render nugatory its
their municipal waters. avowed purpose.
Sec10: Rights of plaintiff after judgment and Issue: Which court, MTC or RTC, has jurisdiction
payment. over cases for eminent domain or expropriation
Upon payment by the plaintiff to the defendant of
the compensation fixed by the judgment, with legal Held: RTC
interest thereon from the taking of the possession Sec 19(1) BP 129 provides that RTCs shall exercise
of the property, or after tender to him of the amount exclusive original jurisdiction over all civil actions
so fixed and payment of the costs, the plaintiff shall incapable of pecuniary estimation.
have the right to enter upon the property.
If the defendant and his counsel absent In determining whether an action is one the subject
themselves from the court, or decline to receive the matter of which is incapable of pecuniary estimation,
amount tendered, the same shall be ordered to be the nature of the principal action or remedy
deposited in court and such deposit shall have the sought must be ascertained first.
same effect as actual payment to the defendant. If it is primarily for the recovery of a sum
of money, the claim is considered capable of
Sec11: Entry not delayed by appeal; effect of pecuniary estimation.
reversal. If the basic issue is something other than
The right of the plaintiff to enter upon the property the right to recover a sum of money, or
not delayed by an appeal from the judgment unless where the money claim is purely
appellate court determines the plaintiff to be without incidental to, or a consequence of, the
the right to expropriate. principal relief sought such action is
deemed as having a subject matter incapable
Sec12: Costs, by whom paid. of pecuniary estimation over which the RTC
The fees of the commissioners shall be taxed as a have exclusive original jurisdiction.
part of the costs of the proceedings. All costs,
except those of rival claimants litigating their In CAB, the primary consideration of the
claims, shall be paid by the plaintiff, unless an expropriation suit is whether the govt. has complied
appeal is taken by the owner of the property and with the requisites for taking property. In the main, its
the judgment is affirmed, in which event the costs subject is the govt.’s exercise of eminent domain, a
of the appeal shall be paid by the owner. matter which is incapable of pecuniary estimation.
Sec13: Recording judgment, and its effect. The value of the property to be expropriated is indeed
When real estate is expropriated, a certified copy of estimated in monetary terms but this is merely
such judgment shall be recorded in the registry of incidental to the expropriation suit. In fact, the
deeds of the place in which the property is situated, amount is determined only after the court is satisfied
and its effect shall be to vest in the plaintiff the title with the propriety of the expropriation.
to the real estate so described for such public use
or purpose.
DGNotes
DIFFERENCE BETWEEN EXERCISE OF
EMINENT DOMAIN BY: a law merely a declaration of the
LGU National Govt. sentiment or opinion of a
15% of value of Assessed value of the law-making body on a
specific matter
property required to be proerty required to be
Possesses a general Temporary in nature
deposited in order to deposited in order to
and permanent
take immediate take immediate
character
possession possession
A 3rd reading is 3rd reading not necessary,
Formal offer required No formal offer required necessary unless decided otherwise
An ordinance must be by a majority of all the
enacted first by the Sanggunian members.
Sanggunian
Rule 67 ROC that an ordinance promulgated by the
local legislative body authorizing its local chief
Suguitan vs. City of Mandaluyong (2000) executive to exercise the power of eminent domain is
necessary prior to the filing of the complaint with the
Facts: court, and not only after the court has determined the
Sangguniang Panlungsod of Mandaluyong issued amount of just compensation.
Res. No. 396 authorizing Mayor Abalos to institute The reliance w Art 36(a) Rule VI IRR of LGC which
expropriation proceedings over the property of requires only a resolution to authorize and LGU to
Saguitan for expansion of the Mandaluyong Medical exercise eminent domain-
Center. Ra 7160 , the law itself, prevails over the rule which
merely seeks to implement it. The clear letter of the
Petitioners contend- City may only exercise its law is controlling and cannot be amended by a mere
delegated power of eminent domain by means of an administrative rule issued for its implementation.
ordinance as required by Sec. 19 LGC and not by a Discrepancy seems to indicate a mere oversight in
mere resolution. the wording of the IRR since Art 32 of the same Rule
also requires that the chief executive of the LGU
Respondents contend- it validly and legally exercised must act pursuant to an ordinance.
its power of eminent domain. Pursuant to Art 36 Rule
VI of the IRR of the LGC, a resolution is sufficient for
the filing of the expropriation proceedings. An City of Cebu vs. CA (1996)
ordinance is only required in order to appropriate
funds for the payment of the just compensation. Facts:
City of Cebu filed a complaint for eminent
Issue: WON a resolution is sufficient to authorize the domain against Cardeno with the RTC, seeking
filing of the expropriation complaint. to expropriate parcel of land she owns.
The complaint was initiated pursuant to
Held: NO Resolution No. 404 and Ordinance No. 1418 of
The exercise of the right of eminent domain is the Sangguniang Panlungsod of Cebu City,
necessarily in derogation of private rights, and the authorizing the City Mayor to expropriate the said
rule in that case is that the authority is to be parcel of land for the purpose of providing a
construed strictly. socialized housing project for the landless and
low-income city residents.
The power of eminent domain is essentially Cardeno filed a MTD on the ground of lack of
legislative in nature. However, it may be validly cause of action. And failure to make a valid and
delegated to LGUs, other public entities and public definite offer.
utilities, although the scope of this delegated power is City alleged compliance with said
necessarily narrower and may only be exercised in requirement. It was only after Cerdeno
strict compliance with the terms of the delegating law. repeatedly refused their offer did they file the
expropriation case.
The basis for the exercise of the power of eminent
RTC dismissed the complaint
domain by the LGUs is Sec 19 of the LGC and it is
CA affirmed and held that an allegation of
clear that it requires an ordinance and not a
repeated negotiations made with Cardeno cannot
resolution.
be equated with the clear and specific
requirement that the city should have previously
Terms ordinance and resolution are not synonymous.
made a valid and definite offer to purchase.
ORDINANCE RESOLUTION
Issue: WON the complaint states a cause of action – The applicable law as to the point of
YES reckoning for the determination of just
Though the allegations in the complaint are compensation is Sec. 19, LGC, which expressly
ambiguous, indefinite or uncertain but, provides that just compensation shall be
nevertheless, a cause of action can, in any determined as of the time of actual taking.
manner, be made out therefrom, and the plaintiff The city has misread the ruling in Napocor v.
would be entitled to recover in any aspect of the CA. It was not categorically ruled in that case
facts or any combination of the facts alleged, if that just compensation should be determined as
they were to be proved, then the MTD should be of the filing of the complaint. It was there stated
denied. that although the general rule in determining
The same liberality should be applied in the just compensation in eminent domain is the
CAB where an examination of the city’s value of the property as of the date of the
“Comment and Opposition” to the MTD leaves no filing of the complaint, the rule admits of an
room for doubt that the city had indeed made “a exception: where the SC fixed the value of the
valid and definite order” to Cardeno as required property as of the date it was taken and not at
by law. the date of the commencement of the
The general rule is that a MTD hypothetically expropriation proceedings. (Case didn’t explain
admits the truth of the facts alleged in the why this is an exception)
complaint. Thus, Ordinance No. 1418 is not only While Sec. 4, Rule 67 provides that just
incorporated into the complaint for eminent compensation shall be determined at the time of
domain filed by the city, but is also deemed the filing of the complaint for expropriation, such
admitted by Cardeno. law cannot prevail over the LGC, which is a
A perusal of the ordinance shows that the substantive law.
fact of the city’s having made a previous valid
and definite offer to Cardeno is categorically WON the city is bound by the compensation fixed by
stated in its 2nd whereas clause: “WHEREAS, the the commissioners – YES
city government has made a valid and definite More than anything else, the parties, by a
offer to purchase subject lots for the public use solemn document freely and voluntarily
aforementioned but the registered owner Mrs. agreed upon by them, agreed to be bound by
Merlita Cardeno has rejected such offer.” the report of the commission and approved
NEVERTHELESS, the dismissal of the by the trial court. The agreement is a contract
complaint did not bar the petitioner city from between the parties. It has the force of law
filing another eminent domain case and from between them and should be complied with in
correcting its alleged error by the mere good faith.
expedient of changing para VII. Furthermore, during the hearing, the city did
not interpose a serious objection. It is therefore
too late for the city to question the valuation now
City of Cebu vs. Apolonio (2002) without violating the principle of equitable
estoppel.
Facts:
City of Cebu filed a complaint for eminent
domain against the Dedamo spouses
The Dedamos filed a MTD (purpose for
expropriation not for public purpose, City can just Province of Camarines Sur vs. CA (1993)
buy their lot, price offered was too low, they have
no other land in Cebu). Facts:
The parties then submitted to the court an The Sangguniang Panlalawigan passed resolution
agreement wherein they declared that they have No. 129, authorizing the Provincial Governor to
partially settled the case. purchase or expropriate property contiguous to the
Trial court appointed 3 commissioners to provincial capital site, in order to establish a pilot farm
determine the just compensation of the lots. and a housing project for provincial government
o The commissioners submitted their employees
report on the basis of which TC rendered its
decision. Governor Villafuerte filed two separate cases for
City interposed objections to assessment by the expropriation against Ernesto & Efren San Joaquin.
commissioners. The San Joaquins moved to dismiss the complaints
on the ground of inadequacy of the price offered for
When must just compensation be determined? Time their property. The TC denied the motion
of actual taking or filing of complaint?
5. Ordinarily, it is the legislative branch of the local
Solicitor General: under Section 9 of the LGC, there government unit that shall determine whether the use
was no need for the approval by the Office of the of the property sought to be expropriated shall be
president of the exercise by the Sangguniang public, the same being an expression of legislative
Panlalawigan of the right of eminent domain policy.
but Province must first secure the approval of the
DAR of the plan to expropriate the lands of courts defer to such legislative determination and
petitioners for use as a housing project (Section will intervene only when a particular undertaking
65 of RA 6657: Comprehensive Agrarian Reform has no real or substantial relation to the public
Law requires the approval of the DAR before a use
parcel of land can be reclassified from an
agricultural t a non-agricultural land
6. fears of private respondents that they will be paid
Issue1: WON the expropriation is for a public on the basis of the valuation declared in the tax
purpose or public use declarations of their property, are unfounded.
Held: YES
1. New concept of public use: means public This Court has declared as unconstitutional the
advantage, convenience or benefit, which tends to Presidential Decrees fixing the just compensation
contribute to the general welfare and the prosperity of in expropriation cases to be the value given to
the whole community, like a resort complex for the condemned property either by the owners or
tourists or housing projects the assessor, whichever was lower
old concept: condemned property must actually Municipality of Talisay v. Ramirez: the rules for
be used by the general public (roads, bridges, determining just compensation are those laid
public plazas) before the taking thereof could down in Rule 67 of the Rules of Court, which
satisfy the constitutional requirement of public allow private respondents to submit evidence on
use what they consider shall be the just
compensation for their property.
2. establishment of pilot development center would
inure to the direct benefit and advantage of the
people of the province Heirs of Ardona vs. Reyes (1983)
3. SC then talks to itself out loud… question now is Bardillon vs. Masili (2003)
whether respondents qualify as small property
owners? And SC held, yes they are! (oooohh…) Facts:
Brgy. Masili in Calamba, Laguna filed 2 complaints
Two elements of "small property owner" definition: for eminent domain for the purpose of expropriating a
1) Those owners of real property consists of parcel of land within Brgyy Masili, owned by Bardillon
residential lands with an area of not more than for the purpose of providing Bargy. Masili a multi-
300 sq meters in highly urbanized cities (800 in purpose hall for the use and benefit of its
other urban cities) constituents.
2) That they do not own real property other than the
same.
First complaint was filed at MTC after the failure of merits rendered by a court of competent jurisdiction is
Brgy. Masili to reach an agreement with Bardillon on conclusive as to the rights of the parties and their
the purchase offer of P200,000. – DISMISSED privies; and constitutes an absolute bar to
subsequent actions involving the same claim,
Second complaint for eminent domain was filed at demand or cause of action.
RTC seeking the expropriation of the said lot for the Requisites of res judicata:
same purpose. the former judgment must be final;
the court that rendered it had jurisdiction over the
Bardillon opposed by Motion to Dismiss, alleging that subject matter and the parties;
it violated Section 19(f) of Rule 16 in that cause of it is a judgment on the merits; and
action is barred by prior judgment, pursuant to the there is -- between the first and the second actions --
doctrine of res judicata. an identity of parties, subject matter and cause of
action.
RTC: Denied MTD. Held that MTC which ordered the
dismissal of 1st complaint has no jurisdiction over the Since the MTC had no jurisdiction over expropriation
said expropriation proceeding. Issued Order in favor proceedings, the doctrine of res judicata finds no
of Brgy. Masili. application even if the Order of dismissal may have
been an adjudication on the merits.
CA: RTC did not commit grave abuse of discretion in
issuing the assailed Orders. 2nd Complaint was not 3. Whether the CA erred when it ignored the issue of
barred by res judicata since MTC had no jurisdiction entry upon the premises
over the action. Held: The requirements for the issuance of a writ of
possession in an expropriation case are expressly
1. WON the MTC had jurisdiction over the and specifically governed by Section 2 of Rule 67 of
expropriation case the 1997 Rules of Civil Procedure.
Held: An expropriation suit does not involve the On the part of LGU’s, expropriation is also governed
recovery of a sum of money. Rather, it deals with the by Sec 19 of the LGCode.
exercise by the government of its authority and right
to take property for public use As such, it is incapable In expropriation proceedings, the requisites for
of pecuniary estimation and should be filed with the authorizing immediate entry are as follows:
regional trial courts. the filing of a complaint for expropriation sufficient in
form and substance; and
The primary consideration in an expropriation suit is the deposit of the amount equivalent to 15 percent of
whether the government or any of its instrumentalities the fair market value of the property to be
has complied with the requisites for the taking of expropriated based on its current tax declaration.
private property. Hence, the courts determine the
authority of the government entity, the necessity of In CAB, the issuance of the Writ of Possession in
the expropriation, and the observance of due favor of Brgy. Masili was proper because it had
process. complied with the foregoing requisites.
The value of the property to be expropriated is The issue of the necessity of the expropriation is a
estimated in monetary terms and the court is duty- matter properly addressed to the RTC in the course
bound to determine the just compensation for it. of the expropriation proceedings. If petitioner objects
This, however, is merely incidental to the to the necessity of the takeover of her property, she
expropriation suit. Indeed, that amount is determined should say so in her Answer to the Complaint. The
only after the court is satisfied with the propriety of RTC has the power to inquire into the legality of the
the expropriation. exercise of the right of eminent domain and to
determine whether there is a genuine necessity for it.
An expropriation suit is within the jurisdiction of the RTC Petition denied.
regardless of the value of the land, because the subject
of the action is the government’s exercise of eminent
domain -- a matter that is incapable of pecuniary
estimation. Reclassification of Lands
City Mayor issued Admin Order No. 5 which The obligations arising from the contract of lease has
prescribes a uniform procedure and guidelines in the the force of law between the parties in the CAB. The
processing of documents for the use and disposition City’s breach of a contractual provision entitles the
of burial lots and plots within NC. Sto. Domingos to damages
By virtue of said AO, it was believed that Lot 159 was Under the doctrine of respondeat superior, the City is
leased only for 5 years to the Sto. Domingos. liable for the tortius acts committed by its agents who
failed to verify and check the duration of the contract
1978- Lot 159 was exhumed and the remains of of lease.
Vivencio were placed in a bag and placed in the
depository of the cemetery.
NAWASA vs. Dator (1967)
Irene claims that it was impossible to locate the
remains of Vivencio in a depository containing The SC had affirmed the decision of the CFI
thousands of sacks of human bones. Sto. Domingos of Luzon declaring the municipality of Lucban,
instituted an action for damages against the City. Quezon, the owner of the “Apolinario de la Cruz
Waterworks System”, subject, however, to the
TC ordered the City to allow the Sto. Domingos to jurisdiction, control and supervision of NAWASA.
make use of another lot. CA affirmed but also This decision had become final and executory.
awarded damages. Hobart Dator, in his capacity as Municipal
Mayor of Lucban, issued
Issue: WON the operations and functions of a public o a Memorandum directing the
cemetery are a governmental or a corporate or
Municipal Treasurer to designate some of the
proprietary function of the City
clerks in his office, as temporary waterworks
Held: Corporate or proprietary
collectors, to receive the water rentals paid
City of Manila is a political body corporate and as
by the users of water; and
such is endowed with the faculties of municipal
o a Proclamation enjoining the
corporations to be exercised by and through its city
consuming public to pay their water fees to
government in conformity with law, and in its
the office of the Municipal Treasurer.
corporate name. It may therefore sue and be sued,
and contract and be contracted with. The treasurer proceeded to collect water fees
from consumers in the municipality.
2-fold powers- NAWASA filed with the same CFI of Quezon,
1. governmental or political- powers a petition to declare the mayor in contempt,
exercised in administering the powers of the state alleging that the acts of the latter in ordering for
and promoting the public welfare the collection of fees are in defiance of the SC
2. municipal powers- those exercised for the decision. Dismissed.
special benefit and advantage of the community
and include ministerial, private and corporate WON the mayor’s order to collect water bills in the
powers. name of the municipality constitutes contempt of
court (as an encroachment upon NAWASA’s
With respect to proprietary functions, a municipal supervisory power over the municipality’s waterworks
corporation can be held liable to third persons ex system) – NO
contractu or ex delicto. The authority of a municipality to fix and
collect rents for water supplied by its waterworks
Maintenance of parks, golf courses, cemeteries and system is expressly granted by law. (Sec. 2317 of
airports, among others, are recognized as municipal the Revised Administrative Code and Sec. 2, RA
or city activities of a proprietary character. No. 2264)
Even without these express provisions, the
In the absence of special laws, the NC is a authority of the municipality to fix and collect
patrimonial property4 of the City over which it fees from its waterworks would be justified
from its inherent power to administer what it
4
Art 424 CC enumerates properties for public use- provincial roads, city streets, owns privately. Although NAWASA may regulate
municipal streets, squares, fountains, public waters, promenades and public and supervise the water plants owned and
works for public service paid for by the provinces, cities and municipalities. All
other properties are patrimonial without prejudice to provisions of special
laws.
operated by cities and municipalities, the Z del Norte then filed a complaint in the CFI
ownership thereof is vested in the municipality against Z City, the Sec. of Finance and the CIR.
and in the operation thereof the municipality Among others, it prayed that RA 3039 be
acts in its proprietary capacity. declared unconstitutional for depriving it of
Like any private owner, the municipality property without due process and just
enjoys the attributes of ownership under the New compensation and that the Sec. of Finance and
Civil Code. One such attribute is the right to use CIR be enjoined from reimbursing the P57,373 to
or enjoy the property Z City.
If a governmental entity, like the NAWASA, Judgment was rendered, declaring RA 3039
were allowed to collect the fees that the unconstitutional and ordered Z City to pay to the
consuming public pay for the water supplied to province the sum of P704,220.
them by the municipality, the latter, as owner,
would be deprived of the full enjoyment of its WON RA 3039 is valid – YES, insofar as 24 of the 50
property. Ownership is nothing without the lots are concerned
inherent rights of possession, control and If the property is owned by the
enjoyment. municipality in its public and governmental
The National Government can not capacity, the property is public and Congress
appropriate patrimonial property of municipal has absolute control over it. But if the
corporations without just compensation and property is owned in its private or proprietary
due process of law. As a consequence, capacity, then it is patrimonial and Congress
neither may the National Government assume has no absolute control. The municipality
the power of administration of patrimonial cannot be deprived of it without due process
property of municipal corporations, if such and payment of just compensation.
action is based upon the appropriation of said The capacity in which the property is held
property by the State. is, however, dependent on the use to which it
In fact, it may not, by operation of law, is intended and devoted.
assume such administration, without
appropriating the title to the property, if the Which of 2 norms, i.e., that of the Civil Code or that
same or the income derived from its obtaining under the law of Municipal Corporations,
operation will be co-mingled with other must be used in classifying the properties in
property, either of the National Government or question?
of other municipal corporations, in such a 2 views:
way to permit the use of the property or The CC classification applies.
income belonging to one of such Result: All properties, except for 2, patrimonial.
corporations for the benefit of another The Civil Code classification is embodied in
municipal corporation or of the State itself. its Arts. 423 and 424:
o ART. 423. The property of provinces,
cities and municipalities, is divided into
Zamboanga Province vs. Zamboanga City (1968) property for public use and patrimonial
properly.
CA 39 converted the municipality of o ART. 424. Property for public use, in
Zamboanga into Zamboanga City. the provinces, cities, and municipalities,
The properties and buildings consisted of 50 consists of the provincial roads, city streets,
lots and some buildings constructed thereon, municipal streets, the squares, fountains,
located in the City of Zamboanga and covered by public waters, promenades, and public works
Torrens certificates of title in the name of for public service paid for by said provinces,
Zamboanga Province. cities, or municipalities.
RA 3039 was approved amending Sec. 50 of o All other property possessed by any
CA 39 by providing that “All buildings, properties of them is patrimonial and shall be governed
and assets belonging to the former province of Z by this Code, without prejudice to the
and located within the City of Z are hereby provisions of special laws.
transferred, free of charge, in favor of the said Applying the provisions above, all the
City of Z.” properties, except the 2 lots used as High School
The Sec. of Finance ordered the CIR to stop playgrounds, could be considered as patrimonial
effecting further payments to Z del Norte and to properties of the former Zamboanga province.
return to Z City the sum taken from it out of the Even the capitol site, the hospital and
internal revenue allotment of Z del Norte as leprosarium sites, and the school sites will be
payment for said properties. considered patrimonial for they are not for public
use. They would not fall under the phrase "public
works for public service" for under the ejusdem Moreover, said buildings, those located in the
generis rule, such public works must be for free city, will not be for the exclusive use and benefit
and indiscriminate use by anyone, just like the of city residents for they could be availed of also
preceding enumerated properties in the first by the provincial residents.
paragraph of Art. 424. The playgrounds, But RA 3039 cannot be applied to deprive
however, would fit into this category. This was the Zamboanga del Norte of its share in the value of
norm applied by the lower court. the rest of the 26 remaining lots which are
In previous cases, it was held that the capitol patrimonial properties since they are not being
site and the school sites in municipalities utilized for distinctly governmental purposes.
constitute their patrimonial properties. This result Moreover, the fact that these 26 lots are
is understandable because, unlike in the registered strengthens the proposition that they
classification regarding State properties, are private in nature. On the other hand, that the
properties for public service in the municipalities 24 lots for governmental purposes are also
are not classified as public. registered is of no significance since registration
cannot convert public property to private.
The principles constituting the law of Municipal
Corporations applies. Reasons for adopting 2nd view:
Result: All those of the 50 properties which are The controversy here is more along the
devoted to public service are deemed public; the domains of the Law of Municipal Corporations —
rest remain patrimonial. State v. Province — than along that of Civil Law.
Under this norm, to be considered public, it Moreover, municipal property held and
is enough that the property be held and devoted to public service cannot be said to be
devoted for governmental purposes like local in the same category as ordinary private
administration, public education, public health, property, because the consequences are dire.
etc. As ordinary private properties, they can be
Municipality of Batangas v. Cantos: A levied upon and attached. They can even be
municipal lot which had always been devoted to acquired thru adverse possession — all these
school purposes is one dedicated to public use to the detriment of the local community.
and is not patrimonial property of a municipality. Lastly, the classification of properties other
than those for public use in the municipalities as
SC adopts 2nd view: patrimonial under Art. 424 of the Civil Code is
Following this classification, RA 3039 is valid "...without prejudice to the provisions of special
insofar as it affects the lots used as capitol site, laws." For purposes of this article, the principles
school sites and its grounds, hospital and obtaining under the Law of Municipal
leprosarium sites and the high school playground Corporations can be considered as "special
sites — a total of 24 lots — since these were held laws".
by the former Z province in its governmental Hence, the classification of municipal
capacity and therefore are subject to the absolute property devoted for governmental purposes as
control of Congress. public should prevail over the Civil Code
Regarding the several buildings existing on classification in this particular case.
the lots, the records do not disclose whether they
were constructed at the expense of the former
Province of Z. Considering however the fact that
said buildings must have been erected even
before the enactment of CA 39 and the further Rabuco vs. Villegas
fact that provinces then had no power to
authorize construction of buildings such as those Facts:
in the CAB at their own expense, it can be In January 1965, the City mayor and the City
assumed that said buildings were erected by the Engineer of Manila ordered the demolition of
National Government, using national funds. petitioners’ houses.
Hence, Congress could very well dispose of said
buildings in the same manner that it did with the Said officials justified their actions by saying that
lots in question. even if the petitioners were already owners of the
But even assuming that provincial funds were land on which their respected houses are erected,
used, still the buildings constitute mere they could still cause the removal thereof:
accessories to the lands, which are public in as they were constructed in violation of city
nature, and so, they follow the nature of said ordinances and
lands, i.e., public. constitute public nuisance
Petitioners alleged that the officials’ actions were
unlawful and clearly prohibited by Republic Act 3120
which:
converted the lot in question which are
reserved as communal property into disposable
or alienable lands of the State to be placed under Municipal Board vs. CTA (1964)
the administration and disposal of the Land
tenure Administration for subdivision into small Facts:
lots xxx for sale on installment basis to the The University of Southern Philippines Foundation,
tenants of bona fide occupants thereof and through its president, applied for inclusion in the list
expressly prohibited ejectment and of real estate exempt from real property taxation
demolition of petitioners’ homes under section 2 several parcels of land which it leased from various
of the Act persons for school purposes.
City Assessor informed the University that, except
Issue: WON RA 3120 deprives the City of manila of for 6 lots, all the remaining lots were exempt from
the properties without payment of just compensation. real property taxation.
Held: YES
On appeal, the Board of Assessment Appeals of
Salas vs. Jarencio:
Cebu Citygranted
1. Regardless of the source or classification of land in
exemption to the 6 lots.
the possession of a municipality, (except those
Upon appeal by the municipal Board, The Court of
acquired with its own funds in its private and
Tax Appeals dismissed the case on the ground that
corporate capacity) such property is held in trust for
the City of Cebu cannot appeal from the decision of
the State for the benefit of its inhabitants, whether it
the Board of Assessment Appeals.. The City of
be for governmental or proprietary purposes.
Cebu, being a governmental agency, is not among
that it has in its name a registered title is not
those who may appeal to the Court of Tax Appeals.
questioned, but this title should be deemed to be
held in trust for the State
Issue: WON the City of Cebu can appeal from the
2. Municipality holds such lands subject to the
decision of the Board of Assessment Appeals
paramount power of the legislature to dispose of the
Held: Yes
same:
for after all it owes is creation to it as an Sec. 11 of R.A. No. 1125 states:
agent for the performance of a part of its public Sec. 11. who May Appeal. Any person, association
work (the municipality being but a subdivision or corporation adversely affected by a decision or
thereof for purposes of local administration ruling of the CIR, Coll. Of Customs or any
3. legal situation is the same as of the State itself provincial or city Board of Assessment Appeals
holds the property and puts it to a different use may filed an appeal in the CTA within 30 days after
the receipt of such decision or ruling.”
Court further says: The City of Cebu constitutes a political body
1. RA 3120 was intended to implement: corporate created by a special charter endowed
the social justice policy of the Constitution with the powers which pertain to a municipal
and the corporation. As such, it possesses the capacity to
governmental program of land for the sue and be sued. It is authorized to levy real
landless and estate taxes for its support.
that they were not intended to expropriate the In the decision of the Board of Assessment
property involved Appeals exempting the lots in question from the
but merely t confirm its character as payment of real property tax, no entity is more
communal land of the State and adversely affected than the City of Cebu, for it
to make it available for disposition by the stands to lose a yearly income equivalent to the
National Government realty tax.
2. Subdivision of communal property and subsequent As to the personality of the municipal Board to
sale: represent the City of Cebu in this suit, suffice it to
does NOT operate as an exercise of the say that Sec. 58 of the Commonwealth Act No. 58
power of eminent domain without just expressly vests in the Municipal Board the
compensation authority to appeal from the decision of the City
BUT SIMPLY as a manifestation of its right Assessor to the Board of Assessment Appeals.
and power to deal with state property This indicates legislative intent to lodge in the
Municipal Board the right to represent the City in
an appeal from an adverse decision of the City
Board of AA.
Decision set aside. Case remanded to CTA.
Guardians are liable for damages caused by the
minors or incapacitated persons who are under
their authority and live in their company.
Authority to Negotiate and Secure Grants The owners and managers of an establishment or
enterprise are likewise responsible for damages
Sec23: Authority to Negotiate and Secure Grants. caused by their employees in the service of the
— Local chief executives may, upon authority of the branches in which the latter are employed or on the
sanggunian, negotiate and secure financial grants occasion of their functions.
or donations in kind, in support of the basic Employers shall be liable for the damages caused
services or facilities enumerated under Section 17 by their employees and household helpers acting
hereof, from local and foreign assistance agencies within the scope of their assigned tasks, even
without necessity of securing clearance or approval though the former are not engaged in any business
therefor from any department, agency, or office of or industry.
the national government of from any higher local The State is responsible in like manner when it acts
government unit: Provided, That projects financed through a special agent; but not when the damage
by such grants or assistance with national security has been caused by the official to whom the task
implications shall be approved by the national done properly pertains, in which case what is
agency concerned: Provided, further, That when provided in article 2176 shall be applicable.
such national agency fails to act on the request for Lastly, teachers or heads of establishments of arts
approval within thirty (30) days from receipt thereof, and trades shall be liable for damages caused by
the same shall be deemed approved. Cdasia their pupils and students or apprentices, so long as
they remain in their custody.
The local chief executive shall, within thirty (30) The responsibility treated of in this article shall
days upon signing of such grant agreement or deed cease when the persons herein mentioned prove
of donation, report the nature, amount, and terms that they observed all the diligence of a good father
of such assistance to both Houses of Congress and of a family to prevent damage. (1903a)
the President.
Art2189: Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries
Liability for Damages suffered by, any person by reason of the defective
condition of roads, streets, bridges, public
buildings, and other public works under their control
Sec24: Liability for Damages. — Local government
or supervision. (n)
units and their officials are not exempt from liability
for death or injury to persons or damage to
property.
RA 8749
New Civil Code
Sec43: Suits and Strategic Legal Actions Against
Public Participation and the Enforcement of this
Art34: When a member of a city or municipal police
Act. — Where a suit is brought against a person
force refuses or fails to render aid or protection to
who filed an action as provided in Section 41 of this
any person in case of danger to life or property,
Act, or against any person, institution or
such peace officer shall be primarily liable for
government agency that implements this Act, it
damages, and the city or municipality shall be
shall be the duty of the investigating prosecutor or
subsidiarily responsible therefor. The civil action
the court, as the case may be, to immediately make
herein recognized shall be independent of any
a determination not exceeding thirty (30) days
criminal proceedings, and a preponderance of
whether said legal action has been filed to harass,
evidence shall suffice to support such action.
vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing
Art2180: The obligation imposed by article 2176 is
the provisions of this Act. Upon determination
demandable not only for one's own acts or
thereof, evidence warranting the same, the court
omissions, but also for those of persons for whom
shall dismiss the case and award attorney's fees
one is responsible.
and double damages.
The father and, in case of his death or incapacity,
This provision shall also apply and benefit public
the mother, are responsible for the damages
officers who are sued for acts committed in their
caused by the minor children who live in their
official capacity, there being no grave abuse of
company.
authority, and done in the course of enforcing this
Act.
Reason: A corpo can’t be impliedly liable to a
greater extent that it could make itself by
Mendoza vs. De Leon (1916) express corporate vote or action.
Issue1: What are the rules governing the liability of a A. Gen. Rule: In administering the patrimonial
municipality? property of municipalities, the municipal council
occupies the position of a board of directors of a
1) Municipalities have both governmental & corporate private corpo. They are not liable for the
functions. mismanagement of corpo affairs where such
mismanagement is a mistake of judgment.
A. In so far as its governmental functions are B. Exception: Directors & managing officers may
concerned, a municipality is not liable at all, unless be liable for mismanagement…if it can be plainly
expressly made so by statute; nor are its officers, so shown that their actions are so far opposed to the
long as they perform their duties honestly and in food true interests of the corpo itself as to lead to the clear
faith. inference that no one thus acting could have been
Reason: Govtl affairs do not lose their govtl character influenced by any honest desire to secure such
by being delegated to the municipal govts…The interests, but that he must have acted with an intent
state, being immune for injuries suffered by private to subserve some outside purpose, regardless of the
individuals in the administration of strictly govtl consequences to the corpo, and in a manner
functions, like immunity is enjoyed by the municipality inconsistent with its interests.
in the performance of the same duties, unless it is
expressly made liable by statute…The exemption is HERE There was no valid reason for forcibly
based upon the sovereign charac of the state & its evicting the plaintiff. He had operated the ferry for
agencies and upon the absence of obligation. over a year with knowledge of the councilors. Thus,
the argument that he had been operating a ferry other
B. In the administration of its patrimonial property than the one leased to him is untenable.
[corporate functions], a municipality is to be
regarded as a private corpo or individual in so far as In rescinding the contract, thereby making the
its liability to third persons on contract or in tort is municipality liable to an action for damages for no
concerned. valid reason at all, the defendant councilors are not
honestly acting for the interests of the municipality.
Its contracts, validly entered into, may be enforced They are liable solidarily for the damages sustained
& damages may be collected from it for the torts of its by the plaintiff.
officers or agents within the scope of their Affirmed.
employment in precisely the same manner and to the
same extent as those of private corporations or DGNotes:
individuals. As to such matters the principles of If a municipality acts in a governmental capacity,
respondeat superior applies.
how can they be liable?
1. bad faith of public officer - officer is liable
[ Addtl requirement] To create such liability, it is
necessary that the act done which is injurious to 2. law provides it can beliable – Sec 24 LGC; Art
others must be within the scope of the corporate 2189 CC
powers…it must not be ultra vires (must not lie wholly
outside of the general or special powers of the corpo
as conferred in its charter or by statute). San Fernando vs. Firme (1991)
Facts:
Morning of December 1965, collision occurred
involving: Fernando vs. CA (1992)
Passenger jeepney driven by Balagot and
owned by Estate of Nieveras Facts:
Gravel and sand truck driven by Marandang A certain Bascon won the bid for the re-emptying
and owned by Velasquez of the septic tank in Agdao.
Dump truck of Municipality losing bidder Bertulano with four other
Casualties: several passengers of the jeep companions were found dead inside the septic
including Laureano, Sr. died tank.
Dec 1966, private respondents instituted a The City Engineer's office investigated, findings:
compliant for damages against the Estate of the victims entered the tank without clearance
Nieveras and Balagot, in the CFI of La Union, Br from it nor with the knowledge and consent of the
I. However, defendants filed Third Party market master. The tank was found to be almost
Complaint against Municipality and the driver of empty and the victims were presumed to be the
dump truck (Bislig). ones who did the re-emptying.
Autopsy reveals: cause of death of all five victims
Issue: WON the municipality is liable for the torts as `asphyxia' caused by the diminution of oxygen
committed by its employee: supply. The lungs of the five victims burst due to
- TEST: depends on whether or not the driver, their intake of toxic gas, produced from the
acting in behalf of the municipality, is performing waste matter in the tank.
governmental or proprietary functions.
Heirs of the deceased filed suit against City of
- SC notes that in permitting such entities to be
Davao.
sued (through allowance in the municipal
Trial court dismissed, CA awarded damages.
charter), the State merely gives the claimant the
But upon MR, CA reversed its original ruling and
right to show that the defendant was not acting in
dismissed the case.
its governmental capacity when the injury was
committed or that the case comes under the
Issue: WON Davao City guilty of negligence in the
exceptions recognized by law. Failing this, the
case at bar?
claimant cannot recover.
Held: NO.
- And in the CAB, the driver was indeed
To be entitled to damages for an injury resulting from
performing governmental functions!
the negligence of another, a claimant must establish
Bislig insists that "he was on his way to the
the relation between the omission and the damage.
Naguilian river to get a load of sand and
He must drove under Article 2179 of the New Civil
gravel for the repair of San Fernando's
Code that the defendant's negligence was the
municipal streets." SC ruled in Palafox, et.
immediate and proximate cause of his injury.
al. v. Province of Ilocos Norte, the District
Proximate cause has been defined as that cause,
Engineer, and the Provincial Treasurer (102
which, in natural and continuous sequence unbroken
Phil 1186) that "the construction or
by any efficient intervening cause, produces the
maintenance of roads in which the truck and
injury, and without which the result would not have
the driver worked at the time of the accident
occurred
are admittedly governmental activities".
In the absence of any evidence to the contrary, 1. Petitioners fault the city government of Davao for
the regularity of the performance of official duty is failing to clean a septic tank for the period of 19 years
presumed (RoC). Hence, the driver of the dump resulting in an accumulation of hydrogen sulfide gas
truck was performing duties or tasks pertaining to which killed the laborers. They contend that such
his office. Hence, no liability. failure was compounded by the fact that there was no
warning sign of the existing danger and no efforts
DGNotes: exerted by the public respondent to neutralize or
Is this no longer good law with passage of LGC? render harmless the effects of the toxic gas. They
No. LGC should be read civil code provisions. submit that the public respondent's gross negligence
Differentiated bet. Suability and liability. was the proximate cause of the fatal incident.
Determine first if suable. If yes, then determine SC: No. While it may be true that the public
if liable. respondent has been remiss in its duty to re-empty
Sec 24- LGUs and its officials are not exempt from the septic tank annually, such negligence was not a
liability for death or injury. continuing one. Upon learning from the report of the
All government units can be sued because of Sec 24. market master about the need to clean the septic
Won one can recover is another question. tank of the public toilet in Agdao Public Market, the
public respondent immediately responded by issuing Issue: WON the lower court erred in holding the City
invitations to bid for such service. of Iloilo jointly liable with the other respondents for
the back salaries of petitioners
2. In view of this factual milieu, it would appear that Held: Yes
an accident such as toxic gas leakage from the septic 1. The Charter of Iloilo City (Sec. 3 of Commonwealth
tank is unlikely to happen unless one removes its Act No. 158), expressly provides that the City of Iloilo
covers. The accident in the case at bar occurred may "sue and be sued".
because the victims on their own and without
authority from the public respondent opened the 2. The operation of a market, in the cleaning of which
septic tank. Considering the nature of the task of petitioners herein are engaged, is not strictly a
emptying a septic tank especially one which has not governmental function.
been cleaned for years, an ordinarily prudent person
should undoubtedly be aware of the attendant risks. 3. It has been settled that municipal corporations may
The victims are no exception; more so with Mr. be held liable for back pay or wages of employees or
Bertulano, an old hand in this kind of service, who is laborers illegally separated from the service,
presumed to know the hazards of the job. His failure, including those involving primarily governmental
therefore, and that of his men to take precautionary functions, such as those of policemen.
measures for their safety was the proximate cause of Decision affirmed.
the accident.
3. Petitioners: insist on the applicability of Article 24 Pilar vs. Sangguniang Bayan ng Dasol,
of the New Civil Code: Pangasinan (1984)
"Art. 24.In all contractual, property or other relations,
when one of the parties is at a disadvantage on Facts:
account of his moral dependence, ignorance, Expedito Pilar was elected as Vice mayor of Dasol,
indigence, mental weakness, tender age or other Pangasinan.
handicap, the courts must be vigilant for his
protection." SB of Dasol adopted Resolution No. 1 increasing the
salaries of mayor and municipal treasurer but not that
SC: Untenable. We approve of the appellate court's of the vice mayor. Pilar questioned it.
ruling that "(w)hile one of the victims was invited to
bid for said project, he did not win the bid, therefore, The provincial and national gov’t endorsed
there is a total absence of contractual relations compliance with Circular 9-A of the Joint Commission
between the victims and the City Government of on Local Government and Personal administration in
Davao City that could give rise to any contractual giving the revised rate of salary to the vice mayor.
obligation, much less, any liability on the part of The executive secretary of the Commission sent a
Davao City." letter to Mayor advising him to pay vice mayor salary
equal to the treasurer.
3. As to Respondents’ contention that trial Backwards and forwards danced the Mamaloi. In
court has already found that the donation has and out between the rows of squatting figures. Her
already been revoked eyes were fixed in a rigid sightless stare and the
SC: No merit. sweat poured down her body. Saliva ran from her
The ruling on that point was made in connection with mouth, trickling down her neck and between her
the application for a writ of preliminary injunction to breasts. She approached the fire…
stop UP from ejecting petitioners. TC denied (continued…)
injunction on the ground that donation had already
been revoked and therefore petitioners had no clear
legal right to be protected.
Evident that such ruling was only tentative, without
prejudice to the final resolution of the question after
presentation by the parties of their evidence.
Chapter 3: Intergovernmental
Issue2: W/N amended complaint alleges inconsistent Relations – National Government and
causes of action for specific performance of deed of Local Government Units
donation.
Respondents claim: While petitioners claim to be
Executive Supervision
beneficiaries-donees of 15.8hectares subject of the
deed, they at the same time seek recovery/delivery of
title to 42hectares of land included in UP’s certificate 1987 Constitution
of title.
Article X
Held: NO. Such allegations are not inconsistent but, Sec2: The territorial and political subdivisions shall
rather, alternative causes of action which Rule8, enjoy local autonomy.
Sec2 RoC allows.
1. Parties are allowed to plead as many Sec4: The President of the Philippines shall exercise
separate claims as they may have, regardless of general supervision over local governments.
consistency, provided that no rules regarding Provinces with respect to component cities and
venue and joinder of parties are violated. municipalities, and cities and municipalities with
2. Moreover, subjects of these claims are not respect to component barangays shall ensure that
exactly and entirely the same parcel of land,
the acts of their component units are within the That he shall be suspended from office,
scope of their prescribed powers and functions. effective immediately, to last until the final
termination of the administrative proceedings
Article XI (Hebron was suspended for more than a year
Sec25 (no such section) and seven months)
That Vice-Mayor Reyes would assume the
office of Acting Mayor during that period.
Local Government Code Thereupon Reyes acted as mayor of
Carmona and the Provincial Fiscal of Cavite
Sec25: National Supervision over Local investigated the charges. After holding hearings
Government Units. — in connection with said charges, the provincial
(a) Consistent with the basic policy on local fiscal submitted his report thereon on July 15,
autonomy, the President shall exercise general 1954. Since then, the matter has been pending in
supervision over local government units to ensure the Office of the President for decision. Inasmuch
that their acts are within the scope of their as a decision did not appear to be forthcoming,
prescribed powers and functions. and the term of petitioner, who remained
The President shall exercise supervisory authority suspended, was about to expire, he instituted the
directly over provinces, highly urbanized cities, and present action for quo warranto, upon the ground
independent component cities; through the that respondent was illegally holding the Office of
province with respect to component cities and Mayor of Carmona, and had unlawfully refused
municipalities; and through the city and municipality and still refused to surrender said office to
with respect to barangays. Reyes, who claimed to be entitled thereto.
(b) National agencies and offices with project
implementation functions shall coordinate with one Issue: WON a municipal mayor, not charged with
another and with the local government units disloyalty to the Republic of the Philippines, may
concerned in the discharge of these functions. be removed or suspended directly by the
They shall ensure the participation of local President of the Philippines, regardless of the
government units both in the planning and procedure set forth in sections 2188 to 2191 of
implementation of said national projects. the Revised Administrative Code.
(c) The President may, upon request of the local Held: NO
government unit concerned, direct the appropriate 1. President has no "inherent power to remove
national agency to provide financial, technical, or or suspend" local elective officers. In the same
other forms of assistance to the local government case, this Court also declared that there is no
unit. Such assistance shall be extended at no extra statutory or consti provision granting the
cost to the local government unit concerned. President sweeping authority to remove
(d) National agencies and offices including municipal officials.
government-owned or controlled corporations with
field units or branches in a province, city, or What is the procedure prescribed by law for the
municipality shall furnish the local chief executive suspension of elective municipal officials?
concerned, for his information and guidance, Provincial governor receives and investigates
monthly reports including duly certified budgetary complaints. If a more severe punishment (not
allocations and expenditures. mere reprimand) is required, he shall submit the
charges to the provincial board. He may
Hebron vs. Reyes (1958) suspend the officer pending action by the board.
The preventive suspension shall not be for more
than 30 days. The provincial board shall then
Facts:
conduct a trial on the charges. If the officer
In the 1951 general elections, Hebron, a LP
wishes to appeal an adverse decision of the
member, and Reyes, of the NP, were elected
board, he may appeal to the Secretary of the
mayor and vice-mayor, of Carmona, Cavite for a
Interior. (based on section 2188 to 2191 of the
term of 4 years.
Revised Admin Code)
Hebron discharged the duties and functions of It is, likewise, well settled that laws governing the
mayor continuously until May 22 or 24, 1954, suspension or removal of public officers,
when he received a letter from the Office of the especially those chosen by the direct vote of the
President stating the ff: people, must be strictly construed in their favor.
That the President has decided to assume
directly the investigation of the administrative Accordingly, when the procedure for the
charges against him. suspension of an officer is specified by law, the
same must be deemed mandatory and adhered
to strictly, in the absence of express or clear 4. Respondent cites 64 (B) of the RAC, which
provision to the contrary — which does not exist empowers the Executive to remove officials from
with respect to municipal officers. office conformably to law …for disloyalty…
What is more, the language of sections 2188 to SC: First of all, it is not claimed that Hebron is
2191 of the Revised Administrative Code leaves charged with disloyalty so such provision is not
no room for doubt that the law - in the words of applicable to his case. Even then, the provision
Mr. Justice Tuason — "frowns upon prolonged or states that the power of removal must be
indefinite suspension of local elective officials" exercised “conformably to law,” which as regards
(Lacson vs. Roque). In CAB, Hebron was municipal officers, is found in sections 2188-2191
suspended in may 1954. The records of the of the RAC. Finally, this Court held in the case of
case were forwarded to the Exec. Secretary Alejandrino vs. Quezon that the power of
since July 15, 1954. Yet no decision had been removal does not imply the authority to suspend
made as of May 1955, when this complaint was for a substantial period of time (which, in that
filed or before the expiration of Hebron’s term on case, was only 1 year)
December 31, 1955.
5. Re: conflict between section 64, 79 and 86 of
2. Next, respondent cites Sections 79 (C) and the RAC and sections 2188-2191 of the same
86 of the RAC. These provisions state that the code
Dept. Head (referring to Secretary of Interior)
shall have direct control…over all bureaus and SC: Sections 2188-2191, being specific
OFFICES… provisions, setting forth the procedure for
disciplinary action that may be taken against
SC: In the case of Mondano vs. Silvosa, this municipal officials, must prevail over sections 64,
Court has already said that although the Dept. 79 and 86, which are general provisions dealing
Head as agent of the president has direct control with the powers of the President and the dept.
over all bureaus and offices, he does not have heads over the officers of the government.
the same control of local governments.
6. The alleged authority of the Executive to
These provisions were inserted in the RAC suspend a municipal mayor directly, without any
during the American regime, when the Executive opportunity on the part of the provincial governor
(Gov-Gen) still had control over all executive and the provincial board to exercise the
functions of government. However, this authority administrative powers of both under sections
has been constricted under the new Consti, 2188 to 2190 of the Administrative Code, cannot
which limits the Exec’s powers to general be adopted without conceding that said powers
supervision. are subject to repeal or suspension by the
President. Obviously, this cannot, and should not,
If the same sections would be applied to local be done without a legislation of the most explicit
governments, the President could alter or modify and categorical nature, and there is none to such
or nullify any duly enacted municipal ordinance. effect. Moreover, as stated in Mondano vs.
Yet, it is well settled that he cannot do so. Also, Silvosa, said legislation would, in effect, place
the word “offices” as used in 79 (C) was not local governments under the control of the
deemed to include local governments, even Executive and consequently conflict with the
before the adoption of the Consti. Constitution
3. Respondent also cites section 64 (C) of the If neither the Secretary of the Interior nor the
RAC, which gives the President authority to order President may disapprove a resolution of the
an investigation of any action or conduct of any Provincial Board of Pangasinan (as held in the
person in the government. case of Rodriguez vs. Montinola), passed within
the jurisdiction thereof, because such
SC: The powers specified in this provision are disapproval would connote the assumption of
given to the Pres. “in addition to his general control, which is denied by the Constitution, it is
supervisory authority.” It follows that the manifest that greater control would be wielded by
application of these powers to municipal said officers of the national government if they
corporations would contravene the consti could either assume the powers vested in said
provision restricting the authority of the Pres. provincial board or act in substitution thereof,
over local governments to “general supervision.” such as by suspending municipal officials,
without the administrative proceedings
prescribed in sections 2188 to 2190 of the
Administrative Code, before said board.
the power of control of the former Governors-
7. As early as April 7, 1900, President McKinley, General, our Executive shall merely exercise
in his Instructions to the Second Philippine "general supervision over all local governments
Commission, laid down the policy that our as may be provided by law."
municipal governments should be "subject to the
least degree of supervision and control" on the 9. Respondent points out that municipal
part of the national government; that said corporations in the US have the power of “local
supervision and control should be "confined self-government,” which is not given to our
within the narrowest limits"; that in the distribution political subdivisions. This means simply that,
of powers among the governments to be whereas the former may not be deprived of their
organized in the Philippines, "the presumption is right to local "self-government", the latter have
always to be in favor of the smaller subdivision"; only such autonomy, if any, as the central
that the organization of local governments should government may deem fit to grant thereto, and
follow "the example of the distribution of powers that said autonomy shall be under the control of
between the states and the national government the national government, which may decree its
of the United States"; and that, accordingly, the increase, decrease, or, even, complete abolition
national government "shall have no direct
administration except of matters of purely SC: True. But who shall exercise this power on
general concern." behalf of the state? Not the Executive, but the
legislature, as an incident of its authority to
If such were the basic principles underlying the create or abolish municipal corporations, and,
organization of our local governments, at a time consequently, to define its jurisdiction and
when the same were under the control of the functions. (Dean Vicente Sinco: Local
Governor-General (the representative of the governments are subject to the control of
United States, which has delegated to us some Congress which has the authority to prescribe
governmental powers, to be exercised in the the procedure by which the President may
name of the United States), with more reason perform his constitutional power of general
must those principles be observed under the supervision.)
Constitution of the Philippines, pursuant to which
"sovereignty resides in the (Filipino) people and 10. Respondent claims that the power of general
all government authority emanates from them" supervision of the President imposes upon him
and the power of the President over local the duty of non-interference in purely corporate
governments is limited to "general affairs of local governments, but such limitation
supervision . . . as may be provided by law." does not apply to its political affairs.
8. Respondent argues that the authority of the SC: The limitation of the President’s authority to
President over our municipal corporations is not general supervision only is unqualified, and
identical to that of State Governors in the United hence, it applies to all powers of municipal
States, for the former is the Executive, with more corporations, corporate and political alike.
comprehensive powers than those of the latter, Besides, there was no need to qualify the consti
who are merely chief executives powers of the pres. as regards corporate
functions of local governments, inasmuch as the
SC: Although this view is accurate (see Executive never had any control over said
Severino vs. Governor General case), it is functions anyway. The same are not, and never
immaterial to the CAB. The Severino case have been, under the control of Congress. In the
referred to the authority of the American exercise of corporate functions, municipal
Governor-General over local governments corporations are on the same level vis-à-vis the
established in the Philippines, as an National Government, as private corporations.
unincorporated territory or insular possession of Thus, the limitation of the President’s powers
the United States, which local governments had could have no other purpose than to affect his
been placed by McKinley's Instructions under the authority over political functions. NOTE: This
"control" of said officer. The case at bar deals theory was already rejected by the Court in
with the authority of the President of the Villena vs. Secretary of Interior.
Philippines, as a full sovereign state, over local
governments created by Philippine laws, enacted 11. Respondent claims that the action of the
by representatives of the Filipino people, who Executive was based on the demand of public
elected said representatives and are the ultimate interest and the seeming implication of some of
repository of our sovereignty, in the exercise of the former decisions of this Court
which they adopted and promulgated a
Constitution, and ordained therein, that, in lieu of
SC: The question is not one of necessity or 2. Sec. of Local Government, as President’s
usefulness, but of authority or prerogative. If alter ego, is without authority to
public interest demands it, the remedy is to have suspend/remove local officials
the legislative branch correct by appropriate Ganzon contends: 1987 Constitution (see Sec4) no
enactment. If the law (in this case, the RAC) is longer allows President to exercise power of
too narrow in scope, it is for the Legislature, and suspension/removal over local officials because:
not the courts, to expand it. 1. it is meant to strengthen self-rule by local
government units
Besides, as said earlier, the issue of WON the 2. by deleting the phrase “as may be provided
executive may suspend municipal officials has by law” in previous Constitutions, the President
never been squarely presented and decided was stipped of power of control over local
before this Court. All the cases cited by governments since the power of the President
respondent (as shown above) are not identical to is “provided by law”, and hence, no law may
the CAB. provide for it any longer in 1987 Consti
3. their view that finds support in Constitutional
CONCLUSIONS: Commission debates
Under the present law, the procedure Note: Sec. of Local Government meted out
prescribed in Sections 2188-2191 of the RAC is suspensions in consonance with Secs.62 (Notice of
MANDATORY and EXCLUSIVE Hearing), and 63 (Preventive Suspension) of BP337
The Executive may conduct investigations to (Local Government Code).
determine whether municipal officials are guilty of Did the 1987 Constitution, in deleting the phrase”,
acts or omissions warranting admin. action, as a intend to divest the President of power to
means to ascertain whether the provincial investigate/suspend/ discipline/remove local
governor and the board should take such action officials?
The Executive may take appropriate NO, notwithstanding the change, charter did not
measures to compel the provincial governor and intend to divest the legislature of its right, or the
board to take such action, but if they fail to do so, President of his prerogative as conferred by existing
the Executive may not deprive the governor and legislation, to provide administrative sanctions
the board of the powers under sections 2188- against local officials
2190 of the RAC - the omission only signifies underscoring local
The authority vested in the Executive under governments’ autonomy from congress and to
section 2191 is merely appellate in character break Congress “control” over their affairs
- Consti did not intend, for sake of local
autonomy, to deprive legislature of all authority
Ganzon vs. CA (1991) - supra over municipal corporations, in particular,
concerning discipline
Facts: - The deletion was meant to stress, sub
Series of administrative complaints (10) were filed silencio, the objective of framers to strengthen
against Mayor Ganzon by various city officials local autonomy by severing congressional control
sometime in 1988… of its affairs, as observed by CA, like the power of
Mayor Ganzon answered and cases were set for local legislation… BUT it did nothing more.
hearing (where a series of postponements occurred). Insofar as existing legislation authorizes the
*Sec. Santos (of Department of Local Government) President (through Sec of Local Government) to
issued preventive suspension order for 60days after proceed against local officials administratively,
finding probable grounds and reasons in said Consti contains no prohibition.
hearings.
*A prima facie evidence found to exist in arbitration What is LOCAL AUTONOMY?
case filed by Erbite so another preventive suspension Under the Constitution, it is not instantly self-
for 60days was ordered by Sec. Santos. executing, but subject to, among other things, the
Meanwhile, Sec. Santos issued a third order of passage of a local government code (ArtX S3), a
preventive suspension for another 60days and local tax law (S5,6), income distribution legislation
designated ViceMayor as acting mayor. Ganzon (S7), and a national representation law (S9), and
commenced a petition for prohibition in CA. measures (S14) designed to realize autonomy at the
local level.
Ganzon claims: In spite of autonomy, the Constitution places the local
1. denial of due process government under the general supervision of the
Held: No denial of due process. Ganzon did not Executive.
show very clearly in what manner he might have The charter also allows Congress to include in the
been deprived of his rights by Sec. Santos local government code provisions for removal of local
officials suggesting that Congress may exercise 5. It is not a penalty and not unlike
removal powers. As the existing Local Government preventive imprisonment in which accused is held
Code has done, it has been delegated to the to insure his presence at trial. Both enjoy a
President (see ArtX, Sec3). presumption of innocence.
6. It is temporary. A longer suspension
But the power of investigation and disciplinary is unjust and unreasonable, and nothing less
authority are not included in supervisory than tyranny.
powers? Although President (through Sec) is not
A mistaken impression, because legally, precluded from exercising a legal power, it
“supervision” is not incompatible with disciplinary appears that Sec of Interior is exercising it
authority as held in Mondano vs. Silvosa… oppressively and with a grave abuse of
- the impression has apparently been discretion…
worsened by rulings in Lacson vs. Roque, Held: Ganzon to suffer duration of 3rd suspension
Hebron vs. Reyes, Mondano vs. Silvosa, and (which is the one under question), but as to the
Pelaez vs. Auditor General. The Court denied the remaining 7complaints, Department of Local
President power (to suspend/remove) but it was Government is urged to undertake steps to expedite
not because of the thought that the President them, subject to Ganzon’s usual remedies if
cannot exercise it on account of his limited warranted. Meanwhile, Sec. is precluded from meting
power, but because the law lodged the power out further suspensions based on remaining
elsewhere. complaints, notwithstanding findings of prima facie
- Where in cases in which the law gave the evidence.
President power like Ganzon vs. Kayanan, it Ganzon may serve suspension so far ordered, but
found little difficulty in sustaining him. may no longer be suspended for offenses he was
charged originally, provided: (1) delays in
Has the Constitution repealed Sec62 and 63 of investigation due to his fault, neglect or request shall
LGC? not be counted in computing time of suspension
NO… “supervision” and “removal” are not (S63(3), LGC); (2) if during, or after expiration of, his
incompatible and may stand with the other suspension, he commits another crime/abuse for
notwithstanding the stronger expression of local which proper charges are filed against him, his
autonomy under the new Constitution, that in spite of previous suspension shall not be a bar to another
the approval of the Charter, LGC (Batas#337) is still preventive suspension, if warranted under Sec63(b)
in force and effect of LGC.
"SECTION 27. Prior Consultations Required. — No Respondent filed a complaint for declaratory relief
project or program shall be implemented by with prayer for preliminary mandatory injunction and
government authorities unless the consultations TRO.
mentioned in Sections 2(c) and 26 hereof are
complied with, and prior approval of the sanggunian TC rendered decision in favor of respondent.
concerned is obtained: Provided, That occupants in Petitioners filed M4Recon which was denied.
areas where such projects are to be implemented
shall not be evicted unless appropriate relocation Issue: WON prior consultations and approval by the
sites have been provided, in accordance with the concerned Sanggunian are needed before the
provisions of the Constitution." operation of a lotto system can be allowed.
Held: NO
Accordingly, all officers and employees of national Sec 2 (c) and 27 apply only to national programs
government agencies and offices, including and?or projects which are ot be implemented ona
concerned government owned and controlled particular local community. Lotto is neither a program
corporations are hereby enjoined to strictly comply nor a project of the NG but of a charitable institution,
with the foregoing provisions of the Local the PCSO.
Government Code as well as the pertinent provisions Section 27, read in conjunction with Sec 26 would
of its Implementing Rules and Regulations. show that the projects and programs mentioned in
DONE in the City of Manila, this 2nd day of June, in Sec 27 are those that
the year of Our Lord, Nineteen Hundred and Ninety- a) may affect pollution
Three. b) may bring climatic change
c) may cause the depletion of non-renewable
resources,
RA 8975 (2000) - An Act To Ensure The d) may result in loss of crop land, range-land, or
Expeditious Implementation And Completion Of forest cover
Government Infrastructure Projects By e) may eradicate certain animal or plant species
Prohibiting Lower Courts From Issuing from the face of the planet
Temporary Restraining Orders, Preliminary f) other programs and projects that may call for
Injunctions Or Preliminary Mandatory Injunctions, the eviction of a particular group of people
Providing Penalties For Violations Thereof, And None of these effects will be produced by the
For Other Purposes introduction of the lotto in Laguna.
Argument of lack of prior consultation and approval is functions, support the Armed Forces of the
a mere afterthought as it was not indicated in the Philippines on matters involving suppression of
letter of refusal to issue a mayor's permit. insurgency, except in cases where the President
shall call on the PNP to support the AFP in combat
DGNotes: operations.
not a sound decision! Sec 2 is a broader provision "In times of national emergency, the PNP, the
which should not be limited to provisions of Secs. 26 Bureau of Fire Protection, and the Bureau of Jail
and 27. Management and Penology shall, upon the
direction of the President, assist the armed forces
in meeting the national emergency."
Sec46: Career Development and Incentives. — (1) Sec50: Appeals. — Decisions rendered by the
Personnel of the Internal Affairs Service shall in provincial inspectors shall be forwarded to the area
addition to other allowances authorized under internal affairs office for review within ten (10)
existing laws be granted occupational specialty pay working days upon the receipt thereof. Decisions of
which shall not exceed fifty percent (50%) of their the area office may be appealed to the national
basic pay. This pay shall not be considered a office through the Office of Inspector General.
forfeiture of other remuneration and allowances Decisions rendered by the National IAS shall be
which are allowed under existing laws. appealed to the National Appellate Board or to the
(2) IAS members shall also have priorities in the court as may be appropriate: Provided, That the
quota allocation for training and education. summary dismissal powers of the Director General
and Regional Directors as provided in Section 42 of
Sec47: Records Management of the IAS. — Local Republic Act No. 6975 shall remain valid: Provided,
Internal Affairs Offices shall be responsible for the further, That the existing jurisdiction over offenses
maintenance and update of the records of the as provided under Republic Act No. 6975 shall not
members of the PNP within their jurisdiction. be affected.
When a PNP personnel is reassigned or
transferred to another location or unit outside the Sec51: Complaints Against the IAS. — A complaint
jurisdiction of the current Internal Affairs Office, the against any personnel or office of IAS shall be
original records of such personnel shall be brought to the Inspector General's Office or to the
transferred over to the Internal Affairs Office that Commission as may be appropriate.
will acquire jurisdiction over the transferred
personnel while copies will be retained by the TITLE VI: DISCIPLINARY MECHANISMS
former Internal Affairs Office. In cases where a PNP Sec52: Section 41 of Republic Act No. 6975 is
personnel has been relieved of his/her position and hereby amended to read as follows:
has not been given an assignment, the Internal "SEC. 41 (a). Citizen's Complaints. — Any
Affairs Office where the person has been assigned complaint by a natural or juridical person against
any member of the PNP shall be brought before the "(4) The Chief of the PNP shall have the power to
following: impose the disciplinary punishment of
"(1) Chiefs of Police, where the offense is dismissal from the service; suspension or
punishable by withholding of privileges, forfeiture of salary; or any combination
restriction to specified limits, suspension or thereof for a period not exceeding one
forfeiture of salary, or any combination hundred eighty (180) days: Provided, further,
thereof, for a period not exceeding fifteen That the chief of the PNP shall have the
(15) days; authority to place police personnel under
"(2) Mayors of cities and municipalities, where the restrictive custody during the pendency of a
offense is punishable by withholding of grave administrative case filed against him or
privileges, restriction to specified limits, even after the filing of a criminal complaint,
suspension or forfeiture of salary, or any grave in nature, against such police
combination thereof, for a period of not less personnel.
than sixteen (16) days but not exceeding "(c) Exclusive Jurisdiction. — A complaint or a
thirty (30) days; charge filed against a PNP member shall be heard
"(3) People's Law Enforcement Board, as created and decided exclusively by the disciplining authority
under Section 43 hereof, where the offense is who has acquired original jurisdiction over the case
punishable by withholding of privileges, and notwithstanding the existence of concurrent
restriction to specified limits, suspension or jurisdiction as regards the offense: Provided, That
forfeiture of salary, or any combination offenses which carry higher penalties referred to a
thereof, for a period exceeding thirty (30) disciplining authority shall be referred to the
days; or by dismissal. appropriate authority which has jurisdiction over the
"The Commission shall provide in its implementing offense.
rules and regulations a scale of penalties to be "For purposes of this Act, a 'minor offense' shall
imposed upon any member of the PNP under this refer to any act or omission not involving moral
Section. turpitude, but affecting the internal discipline of the
"(b) Internal Discipline. — On dealing with minor PNP, and shall include, but not limited to:
offenses involving internal discipline found to have "(1) Simple misconduct or negligence;
been committed by any regular member of their "(2) Insubordination;
respective commands, the duly designated "(3) Frequent absences and tardiness;
supervisors and equivalent officers of the PNP "(4) Habitual drunkenness; and
shall, after due notice and summary hearing, "(5) Gambling prohibited by law.
exercise disciplinary powers as follows: "(d) Forum shopping of multiple filing of
"(1) Chiefs of police or equivalent supervisors complaints. — When an administrative complaint
may summarily impose the administrative is filed with a police disciplinary authority, such as
punishment of admonition or reprimand; the People's Law Enforcement Board (PLEB), no
restriction to specified limits; withholding of other case involving the same cause of action shall
privileges; forfeiture of salary or suspension; be filed with any other disciplinary authority.
or any of the combination of the foregoing: "In order to prevent forum shopping or multiple
Provided, That, in all cases, the total period filing of complaints, the complainant or party
shall not exceed fifteen (15) days; seeking relief in the complaint shall certify under
"(2) Provincial directors or equivalent supervisors oath in such pleading, or in a sworn certification
may summarily impose administrative annexed thereto and simultaneously filed therewith,
punishment of admonition or reprimand; to the truth of the following facts and undertaking:
restrictive custody; withholding of privileges; "(a) that he has not heretofore commenced any
forfeiture of salary or suspension, or any other action or proceeding involving the
combination of the foregoing: Provided, That, same issues in other disciplinary forum;
in all cases, the total period shall not exceed "(b) that to the best of his knowledge, no such
thirty (30) days; action or proceeding is pending in other
"(3) Police regional directors or equivalent police administrative disciplinary machinery
supervisors shall have the power to impose or authority;
upon any member the disciplinary "(c) that if there is any such action or proceeding
punishment of dismissal from the service. He which is either pending or may have been
may also impose the administrative terminated, he must state the status thereof;
punishment of admonition or reprimand; and
restrictive custody; withholding of privileges; "(d) that if he should thereafter learn that a similar
suspension or forfeiture of salary; demotion; action or proceeding has been filed or is
or any combination of the foregoing: pending before any other police disciplinary
Provided, That, in all cases, the total period authority, he must undertake to report that
shall not exceed sixty (60) days; fact within five (5) days therefrom to the
disciplinary authority where the original information sufficient in form and substance against
complaint or pleading has been filed." a member of the PNP for grave felonies where the
penalty imposed by law is six (6) years and one (1)
Sec53. Section 42 of Republic Act No. 6975 is day or more, the court shall immediately suspend
hereby amended to read as follows: the accused from office for a period not exceeding
"SEC. 42. Summary Dismissal Powers of the ninety (90) days from arraignment: Provided,
National Police Commission, PNP Chief and however, That if it can be shown by evidence that
PNP Regional Directors. — The National Police the accused is harassing the complainant and/or
Commission, the chief of the PNP and PNP witnesses, the court may order the preventive
regional directors, after due notice and summary suspension of the accused PNP member even if
hearings, may immediately remove or dismiss any the charge is punishable by a penalty lower than
respondent PNP member in any of the following six (6) years and one (1) day: Provided, further,
cases: That the preventive suspension shall not be more
"(a) When the charge is serious and the evidence than ninety (90) days except if the delay in the
of guilt is strong; disposition of the case is due to the fault,
"(b) When the respondent is a recidivist or has negligence or petitions of the respondent: Provided,
been repeatedly charged and there are reasonable finally, That such preventive suspension may be
grounds to believe that he is guilty of the charges; sooner lifted by the court in the exigency of the
and service upon recommendation of the chief, PNP.
"(c) When the respondent is guilty of a serious Such case shall be subject to continuous trial and
offense involving conduct unbecoming of a police shall be terminated within ninety (90) days from
officer. arraignment of the accused."
"Any member or officer of the PNP who shall go on
absence without official leave (AWOL) for a Sec56: Section 49 of Republic Act No. 6975 is
continuous period of thirty (30) days or more shall hereby amended to read as follows:
be dismissed immediately from the service. His "SEC. 49. Legal Assistance. — The Secretary of
activities and whereabouts during the period shall Justice, the chairman of the Commission or the
be investigated and if found to have committed a Chief of the PNP may authorize lawyers of their
crime, he shall be prosecuted accordingly." respective agencies to provide legal assistance to
any member of the PNP who is facing before the
Sec54: Section 44 of Republic Act No. 6975 is prosecutor's office, the court or any competent
hereby amended to read as follows: body, a charge or charges arising from any incident
"SEC. 44. Disciplinary Appellate Boards. — The which is related to the performance of his official
formal administrative disciplinary machinery of the duty: Provided, That government lawyers so
PNP shall be the National Appellate Board and the authorized shall have the power to administer
regional appellate boards. oaths: Provided, further, That in such cases, when
"The National Appellate Board shall be composed necessary, as determined by the Commission, a
of the four (4) regular commissioners and shall be private counsel may be provided at the expense of
chaired by the executive officer. The Board shall the Government. The Secretary of Justice, the
consider appeals from decisions of the Chief of the Chairman of the Commission and the Chief of the
PNP. PNP shall jointly promulgate rules and regulations
"The National Appellate Board may conduct its to implement the provisions of this Section."
hearings or sessions in Metropolitan Manila or any
part of the country as it may deem necessary. TITLE VII: CREATION OF WOMEN'S DESKS IN
"There shall be at least one (1) regional appellate ALL POLICE STATIONS AND THE
board per administrative region in the country to be FORMULATION OF A GENDER SENSITIVITY
composed of a senior officer of the regional PROGRAM
Commission as Chairman and one (1) Sec57: Creation and Functions. — The PNP shall
representative each from the PNP, and the regional establish women's desks in all police stations
peace and order council as members. It shall throughout the country to administer and attend to
consider appeals from decisions of the regional cases involving crimes against chastity, sexual
directors, other officials, mayors, and the PLEBs: harassment, abuses committed against women and
Provided, That the Commission may create children and other similar offenses: Provided, That
additional regional appellate boards as the need municipalities and cities presently without
arises." policewomen will have two (2) years upon the
effectivity of this Act within which to comply with the
Sec55: Section 47 of Republic Act No. 6975 is requirement of this provision.
hereby amended to read as follows:
"Sec. 47. Preventive Suspension Pending Sec58: Prioritization of Women for Recruitment.
Criminal Case. — Upon the filing of a complaint or — Within the next five (5) years, the PNP shall
prioritize the recruitment and training of women conspiracy, insurgency, subversion or other related
who shall serve in the women's desk. Pursuant to activities.
this requirement, the PNP shall reserve ten percent "'Deployment' shall mean the orderly and organized
(10%) of its annual recruitment, training, and physical movement of elements or units of the PNP
education quota for women within the province, city or municipality for purposes
of employment as herein defined."
Sec59: Gender Sensitivity Program. — The
Commission shall formulate a gender sensitivity Sec63: Section 51 (b) (4) of Republic Act No. 6975 is
program within ninety (90) days from the effectivity hereby amended to read as follows:
of this Act to include but not limited to the "(4) Other Powers. In addition to the
establishment of equal opportunities for women in aforementioned powers, city and municipal mayors
the PNP, the prevention of sexual harassment in shall have the following authority over the PNP
the workplace, and the prohibition of discrimination units in their respective jurisdictions:
on the basis of gender or sexual orientation. "(i) Authority to choose the chief of police from a
list of five (5) eligibles recommended by the
Sec60: Administrative Liability. — Any personnel provincial police director, preferably from the
who shall violate the established rules and same province, city or municipality: Provided,
regulations regarding gender sensitivity and gender however, That in no case shall an officer-in-
equality shall be suspended without pay for not less charge be designated for more than thirty
than thirty (30) days and shall undergo gender (30) days: Provided, further, That the local
sensitivity seminar or training: Provided, That any peace and order council may, through the city
personnel who violates the rules more than twice or municipal mayor, recommend the recall or
shall be recommended for demotion or dismissal reassignment of the chief of police when, in
from the PNP. its perception, the latter has been ineffective
in combating crime or maintaining peace and
Sec61: Non-prohibition for Promotion. — Nothing order in the city or municipality: Provided,
in this title shall be construed as a restriction on the finally, That such relief shall be based on
assignment of policewomen to other positions in guidelines established by the NAPOLCOM;
the PNP nor shall any provisions of this title be "(ii) Authority to recommend to the provincial
used for the non-promotion of a PNP female director the transfer, reassignment or detail of
personnel to higher position. PNP members outside of their respective city
or town residences; and
TITLE VIII: PARTICIPATION OF LOCAL "(iii) Authority to recommend from a list of
GOVERNMENT EXECUTIVES IN THE eligibles previously screened by the peace
ADMINISTRATION OF THE PNP and order council the appointment of new
Sec62: The provisions of the second, third, fourth members of the PNP to be assigned to their
and fifth paragraphs of subparagraph (b) (1), respective cities or municipalities without
Section 51, Chapter III-D of Republic Act No. 6975 which no such appointments shall be
are hereby amended to read as follows: attested: Provided, That whenever
"The term 'operational supervision and control' shall practicable and consistent with the
mean the power to direct, superintend, and oversee requirements of the service, PNP members
the day-to-day functions of police investigation of shall be assigned to the city or municipality of
crime, crime prevention activities, and traffic control their residence.
in accordance with the rules and regulations "The control and supervision of anti-gambling
promulgated by the Commission. operations shall be within the jurisdiction of local
"It shall also include the power to direct the government executives."
employment and deployment of units or elements
of the PNP, through the station commander, to Sec64: Automatic Deputation of Local
ensure public safety and effective maintenance of Government Executives as Commission
peace and order within the locality. For this Representatives. — Governors and mayors, upon
purpose, the terms 'employment' and 'deployment' having been elected and living qualified as such,
shall mean as follows: are automatically deputized as representatives of
"'Employment' refers to the utilization of units or the National Police Commission in their respective
elements of the PNP for purposes of protection of jurisdiction. As deputized agents of the
lives and properties, enforcement of laws, Commission, local government executives can
maintenance of peace and order, prevention of inspect police forces and units, conduct audit, and
crimes, arrest of criminal offenders and bringing the exercise other functions as may be duly authorized
offenders to justice, and ensuring public safety, by the Commission.
particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious
Sec65: Section 52 of Republic Act No. 6975 is (3) years from assumption of office. Such member
hereby amended to read as follows: shall hold office until his successor shall have been
"SEC. 52. Suspension or Withdrawal of chosen and qualified."
Deputation. — Unless reversed by the President,
the Commission may, after consultation with the Sec69: Compensation and Benefits. — Paragraph
provincial governor and congressman concerned, c, Section 43 of Republic Act No. 6975 shall be
suspend or withdraw the deputation of any local amended to read as follows:
executive for any of the following grounds: "(c) Compensation. — Membership in the PLEB
"(a) Frequent unauthorized absences; is a civic duty. However, PLEB members shall be
"(b) Abuse of authority; paid per diem and shall be provided with life
"(c) Providing material support to criminal insurance coverage as may be determined by the
elements; or city or municipal council from city or municipal
"(d) Engaging in acts inimical to national security funds. The DILG shall provide for the per diem and
or which negate the effectiveness of the peace and insurance coverage of PLEB members in certain
order campaign. low income municipalities."
"Upon good cause shown, the President may,
directly or through the Commission, motu proprio Sec70: Budget Allocation. — The annual budget of
restore such deputation withdrawn from any local the Local Government Units (LGU) shall include an
executive." item and the corresponding appropriation for the
maintenance and operation of their local PLEBs.
TITLE IX: STRENGTHENING THE PEOPLE'S LAW The Secretary shall submit a report to Congress
ENFORCEMENT BOARD and the President within fifteen (15) days from the
Sec66: Paragraph (a), Section 43 of Republic Act No. effectivity of this Act on the number of PLEBs
6975 is hereby amended to read as follows: already organized as well as the LGUs still without
"SEC. 43. People's Law Enforcement Board PLEBs. Municipalities or cities without a PLEB or
(PLEB). — (a) Creation and Functions — The with an insufficient number of organized PLEBs
sangguniang panlungsod/bayan in every city and shall have thirty (30) more days to organize their
municipality shall create such number of People's respective PLEBs. After such period, the DILG and
Law Enforcement Boards (PLEBs) as may be the Department of Budget and Management shall
necessary: Provided, That there shall be at least withhold the release of the LGU's share in the
one (1) PLEB for every five hundred (500) city or national taxes in cities and municipalities still
municipal police personnel and for each of the without PLEB(s).
legislative districts in a city.
"The PLEB shall be the central receiving entity for Sec71: Request for Preventive Suspension. —
any citizen's complaint against the officers and The PLEB may ask any authorized superior to
members of the PNP. Subject to the provisions of impose preventive suspension against a
Section 41 of Republic Act No. 6975, the PLEB subordinate police officer who is the subject of a
shall take cognizance of or refer the complaint to complaint lasting up to a period as may be allowed
the proper disciplinary or adjudicatory authority under the law. A request for preventive suspension
within three (3) days upon the filing of the shall not be denied by the superior officer in the
complaint." following cases:
a) when the respondent refuses to heed the
Sec67: Number (3) of Paragraph (b), Section 43 of PLEB's summons or subpoena;
Republic Act No. 6975 is hereby amended to read b) when the PNP personnel has been charged
as follows: with offenses involving bodily harm or grave
"(3) Three (3) other members who are removable threats,
only for cause to be chosen by the local peace and c) when the respondent is in a position to
order council from among the respected members tamper with the evidence; and
of the community known for their probity and d) when the respondent is in a position to
integrity, one (1) of whom must be a woman and unduly influence the witnesses.
another a member of the Bar, or, in the absence Any superior who fails to act on any request for
thereof, a college graduate, or the principal of the suspension without valid grounds shall be held
central elementary school in the locality." administratively liable for serious neglect of duty.
Xxx
Sec68. The last paragraph of Section 43 (b)(3) of
Republic Act No. 6975 shall be amended to read as
follows: Executive Order No.292 (1987)
"The Chairman of the PLEB shall be elected from
among its members. The term of office of the Book IV, Chapter 7
members of the PLEB shall be for a period of three
Sec38: Definition of Administrative Relationship. Petitioner filed a petition for review seeking the
— Unless otherwise expressly stated in the Code Court’s declaration of unconstitutionality of RA 6975.
or in other laws defining the special relationships of
particular agencies, administrative relationships 1. WON RA 6975 emasculated the NPC by limiting its
shall be categorized and defined as follows: power to administrative control over the PNP, with
(3) Attachment. — (a) This refers to the lateral control over the PNP and the NPC remaining with the
relationship between the department or its DILG Sec.
equivalent and the attached agency or corporation Held: NO. merely an exercise by the President of his
for purposes of policy and program coordination. control powers through his the DILG Sec.
The coordination may be accomplished by having Doctrine of Qualified Political Agency – The President
the department represented in the governing board has to delegate some of his control powers to his
of the attached agency or corporation, either as cabinet members as he cannot be expected to
chairman or as a member, with or without voting exercise such all at the same time and in person.
rights, if this is permitted by the charter; having the
attached corporation or agency comply with a The President’s power of control is directly exercised
system of periodic reporting which shall reflect the by him over the members of the cabinet who, in turn,
progress of programs and projects; and having the and by his authority, control the bureaus and other
department or its equivalent provide general offices under their respective jurisdictions in the exec
policies through its representative in the board, dept.
which shall serve as the framework for the internal
policies of the attached corporation or agency; Placing NAPOLCOM and the PNP under the
(b) Matters of day-to-day administration or all reorganized DILG is merely an administrative
those pertaining to internal operations shall be left realignment that would bolster a system of
to the discretion or judgment of the executive coordination and cooperation among the citizenry,
officer of the agency or corporation. In the event local execs and the integrated law enforcement
that the Secretary and the head of the board or the agencies.
attached agency or corporation strongly disagree
on the interpretation and application of policies, and Organizational set-up does not violate the mandate of
the Secretary is unable to resolve the the Consti. As Sec 14 of RA 6975 specifically
disagreement, he shall bring the matter to the provides for administration and control at the
President for resolution and direction; commission level.
(c) Government-owned or controlled
corporations attached to a department shall submit 2. WON the following are in derogation of the power
to the Secretary concerned their audited financial of control of the NAPOLCOM over the PNP:
statements within sixty (60) days after the close of 1. power to choose the PNP Provincial Director
the fiscal year; and and the Chief of Police vested in the Governors
(d) Pending submission of the required financial and Mayors, respectively (Sec 51)
statements, the corporation shall continue to 2. power of operational supervision and control
operate on the basis of the preceding year's budget over police units vested in city and municipal
until the financial statements shall have been mayors (Sec 51)
submitted. Should any government-owned or 3. disciplinary powers over the PNP members
controlled corporation incur an operation deficit at vested in the People’s Law Enforcement Boards
the close of its fiscal year, it shall be subject to and in the city and municipal mayors. (Sec 51)
administrative supervision of the department; and 4. participation in appointments to positions of
the corporation's operating and capital budget shall Senior Superintendent to Deputy Dir. Gen. as
be subject to the department's examination, review, well as administration of qualifying entrance
modification and approval. exams vested in CSC (Sec 31)
Held: NO DEROGATION
Nos. 1 and 2 – No usurpation of the power of control
Carpio vs. Executive Secretary (1992) because under said provisions, the local executives
are only acting as representatives of the
Facts: NAPOLCOM. As such deputies, they are answerable
With Art. XVI Sec. 6 Consti. 8 in mind, Congress to the NAPOLCOM for their actions in the exercise of
passed RA 6975, An Act establishing the PNP under their functions
a reorganized DILG. No. 3 – Commission exercises appellate jurisdiction,
through the regional appellate boards, over decisions
of both the PLEB and the said mayors.
8 It is also the Commission which shall issue the
The State shall establish and maintain one police force, which shall be national
and scope and civilian in character, to be administered and controlled by a implementing guidelines and procedures to be
national police commission. xxx adopted by the PLEB for the conduct of its hearings.
As a disciplinary board primarily created to hear and Under CAB, both NAPOLCOM and PNP were under
decide citizen’s complaints against erring officers and the DILG.
members of the PNP, the establishment of the PLEBs - GOOD LAW?
would all the more help professionalize the police NO. Under RA 8551, the DILG and the
force. NAPOLCOM are attached agencies, both under
On No. 4 – It precisely underscores the civilian the President. The PNP is now under the
character of the national police force NAPOLCOM.
3. WON Sec 12 RA 69759 constitutes an
encroachment upon, interference with, and an
abdication by the Pres. of executive control and
Andaya vs. RTC (1999)
commander-in-chief powers.
Held: NO
Provision precisely gives muscle to and enforces the The position of City Director, Cebu City
proposition that the national police force does not fall Police Command (chief of police) became
under the Commander-in-Chief powers of the vacant.
President. This is necessarily so since the police Andaya, Regional Director of the Regional
force, not being integrated with the military, is not part Police Command No. 7, submitted to the City
of the AFP. Mayor of Cebu a list of 5 eligibles for the mayor
Sec 12 simply provides for the transition period or to choose one to be appointed as the chief of
process during which the national police would police.
gradually assume the civilian function of safeguarding The mayor did not choose anyone from the
the internal security of the State. list because the name of P/Chief Inspector
Andres Sarmiento was not included therein.
4. WON the creation of the Special Oversight Andaya refused to agree to Mayor Garcia’s
Committee under Sec 84 is an unconstitutional request to include the name of Major Sarmiento
encroachment upon the President’s power of control in the list of recommendees. His refusal was
over all executive depts., bureaus and offices based on his contention that Sarmiento was not
Held: NO qualified for the position.
The SOC is merely a transitory or ad hoc body,
established and tasked solely with planning and WON the mayor may require the Regional Director to
overseeing the immediate transfer, merger and include the mayor’s protégé in the list of 5 eligibles to
absorption into the DILG of the involved agencies. be recommended by the Regional Dir. from which the
Once its functions are carried out, it would cease to mayor shall choose the chief of police – NO
exist. RA 6975, Sec. 51 gives authority to the Cebu
Moreover, no executive dept. bureau or office is City mayor to choose the chief of police from a
placed under its control and authority. list of 5 eligibles to recommended by the
Regional Director, Regional Police Command No.
7.
The commission is not in the same category as the Under RA 6975, Sec. 51, the mayor of Cebu
independent Constitutional Commissions created by City shall be deputized as representative of
the Constitution which are independent of the NAPOLCOM in his territorial jurisdiction and as
Executive. It was even stressed during the such, the mayor shall have authority to choose
CONCOM deliberations that this commission would the chief of police from a list of 5 eligibles
be under the President’s, and ultimately the DILG recommended by the Police Regional Director.
Sec.’s control. The City Police Station of Cebu City is under the
direct command and control of the PNP Regional
DGNotes: Director, Regional Police Command No. 7, and is
equivalent to a provincial office. Then, the
Art XVI Sec 6 Consti
Regional Director, Regional Police Command No.
- 1st sentence qualifies the 2nd. Law governing
7 appoints the officer selected by the mayor as
power of local chief execs. must be consistent with
the chief of police.
the 1st.
It is the prerogative of the Regional Police
Director to name the 5 eligibles from a pool of
eligible officers screened by the Senior Officers
9
During a period of 24 mos. From the effectivity of this Act, the AFP shall Promotion and Selection Board, Headquarters,
continue its present role of preserving the internal and external security of the PNP, Camp Crame, without interference from
State: Provided, that the said period may be extended by the Pres if he finds it
justifiable, for another period not exceeding 24 mos, after which, the Dept. shall
local executives.
automatically take over from the AFP the primary role of preserving external
security
In case of disagreement between the government. As such, they cannot be removed
Regional Police Director and the Mayor, the or suspended from office, except for cause
question shall be elevated to the Regional provided by law. The phrase “except for cause
Director, NAPOLCOM, who shall resolve the provided by law” refers to reasons which the law
issue within 5 working days from receipt and and sound public policy recognize as sufficient
whose decision on the choice of the Chief of warrant for removal, that is, legal cause, and not
Police shall be final and executory. merely causes which the appointing power in the
As deputy of the Commission, the authority exercise of discretion may deem sufficient.
of the mayor is very limited. In reality, he has no
power of appointment; he has only the limited Aguirre, et. al.: The express declaration in Sec. 8, RA
power of selecting one from among the list of 5 8551 that the terms of petitioners’ offices are deemed
eligibles to be named the chief of police. expired discloses the legislative intent to impliedly
Actually, the power to appoint the chief of abolish the NAPOLCOM created under RA 6975
police is vested in the Regional Director, pursuant to a bona fide reorganization. The various
Regional Police Command No. 7. Much less changes introduced by RA 8551 in the functions,
may the mayor require the Regional Director, composition and character of the NAPOLCOM is
Regional Police command, to include the name proof of Congress’ intention to abolish the body
of any officer, no matter how qualified, in the list created under RA 6975 in order to replace it with a
of 5 to be submitted to the mayor. The purpose new NAPOLCOM which is more civilian in nature.
is to enhance police professionalism and to The creation and abolition of public officers is
isolate the police service from political primarily a legislative function. Congress may
domination. abolish any office it creates without impairing the
officer’s right to continue in the position held and
Petition granted. such power may be exercised for various
reasons, such as the lack of funds or in the
interest of the economy. However, in order for
Canonizado vs. Aguirre (2000) the abolition to be valid, it must be made in good
faith, not for political or personal reasons, or in
order to circumvent the constitutional security of
The NAPOLCOM was originally created
tenure of civil service ees.
under RA 6975 entitled “An Act Establishing the
Philippine National Police Under A Reorganized Mayor v. Macaraig: Abolition of an office is
Department of the Interior and Local not the same as the declaration that that
Government, and for Other Purposes.” office is vacant. While it is a prerogative of the
legislature to abolish certain offices, it cannot be
RA 8551 later on took effect. It declared that
conceded the power to simply pronounce those
the terms of the current Commissioners were
offices vacant and thereby effectively remove the
deemed as expired upon its effectivity.
occupants or holders thereof from the civil
Pursuant to this, Pres. Ramos appointed
service. Such an act would constitute, on its
Cairme and Adiong to the NAPOLCOM.
face, an infringement of the constitutional
Completing the membership were Magahum and
guarantee of security of tenure, and will have to
Factoran, who were appointed by Pres. Estrada.
be struck down on that account.
According to petitioners, secs. 4 and 8 of RA
This is precisely what RA 8551 seeks to
8551 are unconstitutional:
do – declare the offices of petitioners vacant,
o Sec. 4 – See Ra 8551
by declaring that “the terms of office of the
o Sec. 8: Upon the effectivity of this current Commissioners are deemed expired,”
Act, the terms of office of the current thereby removing petitioners from the civil
Commissioners are deemed expired which service. Congress may only be conceded this
shall constitute a bar to their reappointment power if it is done pursuant to a bona fide
or an extension of their terms in the abolition of the NAPOLCOM.
Commission except for current RA 8551 did not expressly abolish petitioners’
Commissioners who have served less than 2 positions. In order to determine whether there
years of their terms of office who may be has been an implied abolition, it becomes
appointed by the Pres. for a maximum term necessary to examine the changes introduced by
of 2 years. the new law in the nature, composition and
functions of the NAPOLCOM.
WON the removal of petitioners from office by virtue
It is pointed out that under RA 6975, the
of Sec. 8 violates their security of tenure – YES
NAPOLCOM was described as a collegial body
Petitioners are members of the civil service, within the DILG, whereas under RA 8551, it is
which embraces all branches, subdivisions, made an agency attached to the Dept. for policy
instrumentalities and agencies of the
and program coordination. However, this change separation actually occurs because the position
does not result in the creation of a new office. itself ceases to exist. Be that as it may, if the
The organizational structure of NAPOLCOM “abolition”, which is nothing more but a
remains essentially the same and except for the separation or removal, is done for political
addition of the PNP Chief as ex-officio member, reasons or purposely to defeat security of
the composition of NAPOLCOM is also tenure, or otherwise not in good faith, no
substantially identical under the 2 laws. Also, valid “abolition” takes place. An example is
under both laws, the Sec. of the Dept. shall act where there is merely a change of nomenclature
as the ex-officio Chairman of NAPOLCOM and of positions, or where claims of economy are
the Vice-Chairman shall be one of the belied by the existence of ample funds.
Commissioners designated by the Pres. RA 8551 effected a reorganization of the
Also, the powers and duties of the PNP, not of the NAPOLCOM. They are 2
NAPOLCOM remain basically unchanged by the separate and distinct bodies, with one having
amendments. (see pp. 322-324 for enumeration supervision and control over the other. In fact, it
of functions in RA 6975 and RA 8551.) Clearly, is the NAPOLCOM that is given the duty of
the NAPOLCOM continues to exercise submitting a proposed reorganization plant of the
substantially the same administrative, PNP to Congress.
supervisory, rule-making, advisory and The basic structure of the NAPOLCOM
adjudicatory functions. has been preserved by the amendatory law.
There has been no revision in its lines of
Aguirre, et. al.: The fact that the NAPOLCOM is now control, authority and responsibility, neither
vested with administrative control and operational has there been a reduction in its membership,
supervision over the PNP, whereas under RA 6975, it nor a consolidation or abolition of the offices
only exercised administrative control should be constituting the same.
construed as evidence of legislative intent to abolish No bona fide reorganization of NAPOLCOM
such office. having been mandated by Congress, RA 8551,
Control means the power of an officer to alter insofar as it declares the terms of office of the
or modify or set aside what a subordinate officer incumbent Commissioners as expired and
had done in the performance of his duties and to resulting in their removal from office, removes
substitute the judgment of the former for that of civil service ees from office without legal cause
the latter. On the other hand, to supervise is to and must therefore be struck down for being
oversee, to have oversight of, to superintend the constitutionally infirm.
execution of or the performance of a thing, or the
movements or work of a person, to inspect with Canonizado, et. al.: Sec. 4 unconstitutional insofar as
authority; it is the power or authority of an officer it limits the law enforcement sector to only 1 position
to see that subordinate officers perform their on the Commission and categorizes the police as
duties. being part of the law enforcement sector despite the
Thus, the power of control necessarily provision in the Consti. Which provides that the
encompasses the power of supervision and police force shall be civilian in character.
adding the phrase “operational supervision” They also claim that the requirement in Sec. 4 that
under the powers of the NAPOLCOM would not one of the Commissioners shall be a woman has no
bring about a substantial change in its functions. rational basis and is therefore discriminatory,
There was no reorganization resulting in the amounting to class legislation and an undue
abolition of petitioners’ offices. Reorganization restriction on the appointing power of the Pres.
takes place when there is an alteration of the There is no longer any need to pass upon
existing structure of government offices or these remaining constitutional questions. The
units therein, including the lines of control, legislator has the power to provide for the
authority and responsibility between them. It composition of NAPOLCOM since it created such
involves a reduction of personnel, body. These questions also go into the very
consolidation of offices, or abolition thereof wisdom of the law.
by reason of economy or redundancy of
functions. It may result in the loss of one’s Sec. 8 unconstitutional and petitioners are
position through the abolition of an office. entitled to be reinstated.
However, for a reorganization to be valid, it
must also pass the test of good faith.
As a general rule, a reorganization is Canonizado vs. Aguirre (2001)
carried out in “good faith” if it is for the
purpose of economy or to make bureaucracy Facts:
more efficient. In that event, no dismissal or
Respondents are seeking a reconsideration act necessarily negates a finding of voluntary
of the SC decision declaring sec. 8 of RA 8551 to relinquishment.
be violative of petitioners’ constitutionally It is well-settled that he who, while occupying
mandated right to security of tenure. one office, accepts another incompatible with the
During the pendency of the case, Pres. first, ipso fact vacates the first office and his title
Estrada had appointed Alexis Canonizado to the is thereby terminated without any other act or
position of Inspector General of the Internal proceeding. Public policy considerations dictate
Affairs Service (IAS) of the PNP. against allowing the same individual to perform
By accepting such position, respondents inconsistent and incompatible duties.
contend that Canonizado is deemed to have The incompatibility contemplated is not the
abandoned his claim for reinstatement to the mere physical impossibility of one person’s
NAPOLCOM since the offices of NAPOLCOM performing the duties of the 2 offices due to a
Commissioner and Inspector General of the IAS lack of time or the inability to be in 2 places at the
are incompatible. same moment, but that which proceeds from the
nature and relations of the 2 positions to each
WON Canonizado’s appointment to and acceptance other as to give rise to contrariety and
of his position of Inspector Gen. should result in an antagonism should one person attempt to
abandonment of his claim for reinstatement to the faithfully and impartially discharge the duties of
NAPOLCOM – NO one toward the incumbent of the other.
Abandonment of an office is the voluntary The positions of NAPOLCOM Commissioner
relinquishment of an office by the holder, with the and Inspector Gen. of the IAS are incompatible
intention of terminating his possession and with each other. RA 8551 prohibits any
control thereof. There are, therefore 2 essential personnel of the IAS from sitting in a committee
elements of abandonment: charged with the task of deliberating on the
o An intention to abandon appointment, promotion, or assignment any PNP
o An overt or “external” act by which personnel, whereas the NAPOLCOM has the
the intention is carried into effect. power of control and supervision over the PNP.
Generally, a person holding a public office However, the rule on incompatibility of duties will
may abandon such office by nonuser or not apply to the CAB because at no point did
acquiescence. Non-user refers to a neglect to Canonizado discharge the functions of the 2
use a right or privilege or to exercise an office. offices simultaneously. Canonizado was forced out
However, nonperformance of the duties of an of his first office by the enactment of Sec. 8, RA 8551.
office does not constitute abandonment Thus, when he was appointed as Inspector Gen., he
where such nonperformance results from had ceased to discharge his official functions as
temporary disability or from involuntary NAPOLCOM Commissioner. As a matter of fact, on
failure to perform. the same date of his appointment as Inspector Gen.,
Abandonment may also result from an the appointments of 4 regular members of the
acquiescence by the officer in his wrongful NAPOLCOM were completed. Thus, the
removal or discharge. Where, while desiring and incompatibility of duties rule never had a chance to
intending to hold the office, and with no willful come into play for petitioner never occupied the 2
desire or intention to abandon it, the public officer positions nor discharged their respective functions
vacates it in deference to the requirements of a
statute which is afterwards declared
unconstitutional, such a surrender will not be Rodriguez vs. CA (2002)
deemed an abandonment and the officer may
recover the office. Facts:
By accepting the position of Inspector In an entrapment Rodriguez, et. al. were caught
General during the pendency of the present asking for money from an alleged traffic violator.
case, Canonizado cannot be deemed to have
abandoned his claim for reinstatement to the 3 cases were filed:
latter position. Canonizado did not 1. administrative case for grave misconduct
voluntarily leave his post as Commissioner, - filed with NAPOLCOM
but was compelled to do so on the strength of
Sec. 8 of RA 8551, which was struck down for 2. administrative case for summary dismissal
being violative of petitioners’ constitutionally - filed with NAPOLCOM
guaranteed right to security of tenure.
The removal of petitioners from their 3. A charge for robbery/extortion
positions by virtue of a constitutionally infirm - filed with Headquarters, PC-INP
February 7, 1991: 3 policemen were summarily personnel of the government.
dismissed by PNP Chief Major General Nazareno - Police officers and personnel are part of the
- petitioner appealed to the NAPOLCOM civil service. This is expressly recognized by R.A.
National Appellate Board No. 6975 when it provided for the applicability of
1. NAPOLCOM National Appellate Board dismissed civil service laws to all its personnel in Section 91
petitioner’s appeal and denied the motion for thereof, which states:
reconsideration. SEC. 91. Application of Civil Service
2. CA denied petitioner’s petition for lack of merit. Laws. – The Civil Service Law and its
implementing rules and regulations
Issue: WON the Court of Appeals erred when it shall apply to all personnel of the
dismissed the petition for certiorari and mandamus Department.
filed by petitioner PFC Rodolfo Rodriguez. Petition denied.
Held: NO, Court of Appeals committed no reversible
error of law in dismissing petitioner’s special civil
action for certiorari and mandamus. People vs. Velarde (2002)
1. Pursuant to the Civil Service Law which outlines
the procedure for dismissal and Rule XIV of the Facts:
Omnibus Rules Implementing Book V of the On May 11, 1997, Crispin Velarde was arrested by
Administrative Code of 1987 provides: the barangay tanods and officials of Tikay, Malolos
- where a police officer is dismissed by the in connection with the rape and murder of an 8-
PNP Director General and the dismissal is eight year old child named Brenda Candelaria.
affirmed by the NAPOLCOM National Appellate He was tagged by some witnesses as the person
Board, the proper remedy is to appeal the last seen with the child, whose dead body was later
dismissal with the DILG Secretary found in a grassy vacant lot.
- That the NAPOLCOM Chairman is also the
Velarde was initially brought to the Barangay Hall of
DILG Secretary is of no moment
Barangay Tikay, and then to the Malolos Police
o under the aforecited laws and
Station, where he was incarcerated and allegedly
regulations, only the DILG Secretary can act mauled.
on the appeal. On May 14, 1997, his case was referred by the
- Besides, what is involved here is not the sole Malolos police to the incumbent mayor of Malolos,
act of the NAPOLCOM Chairman, but the Bulacan, Atty. Danilo Domingo, who asked that
decision of the Commission. Velarde be brought to him. Upon advice of the
o Should the DILG Secretary’s mayor, Velarde’s written extrajudicial confession
decision prove adverse to appellant, then he was taken. During the investigation, Velarde was
as the aggrieved party may bring an appeal assisted by the mayor as counsel. Armed police
to the Civil Service Commission. officers were also present during the investigation.
- In instances where the CSC denies the
appeal, Issue1: WON Atty. Domingo, incumbent mayor of
o the remedy under R.A. No. 7902 Malolos, could be considered a competent and
would be to appeal the adverse decision to independent counsel qualified to assist Velarde
the Court of Appeals. who was then under custodial investigation
- In the instant case, petitioner had three Held1: No
opportunities to appeal the decision of the Under the circumstances, Atty. Domingo cannot be
NAPOLCOM. considered as an independent counsel. He was the
o He chose not to avail of them, but mayor of Malolos at the time. As such, he exercised
instead opted to file an action for certiorari “operational supervision and control” over the PNP
and mandamus with the appellate court. unit in that municipality. His powers included the
utilization of the elements thereof for the
-- Neither certiorari nor mandamus can substitute for maintenance of peace and order, the prevention of
appeal where the latter is the proper remedy. The crimes, the arrest of criminal offenders and the
extraordinary remedies of certiorari, prohibition, and bringing of offenders to justice.
mandamus will lie only when there is no appeal or As mayor of Malolos, his duties were inconsistent
any plain, speedy, and adequate remedy in the with those of his responsibilities to appellant, who
ordinary course of law was already incarcerated and tagged as the main
suspect in the rape-slay case. Serving as counsel
2. Why appeal to the CSC? of appellant placed him in direct conflict with his
Republic v. Asuncion: “the civilian character of the duty of “operational supervision and control “ over
PNP is unqualified, unconditional, and all embracing.” the police.
- Members of the PNP are deemed civilian
What the constitution requires in Art. III Sec. 12(1) punong barangay within his jurisdiction. Copies of
is the present of competent and independent such orders shall be forwarded to the governor or
counsel, one who will effectively undertake his the city or municipal mayor, as the case may be,
client’s defense without any intervening conflict of within three (3) days from their issuance. In all
interest. instances of review, the local chief executive
Evidently, Atty. Domingo, being the mayor of the concerned shall ensure that such executive orders
place where the investigation was taken, could not are within the powers granted by law and in
act as counsel, independent or otherwise, of conformity with provincial, city, or municipal
appellant. ordinances.
The desired role of counsel in the process of (b) If the governor or the city or municipal mayor
custodial investigation is rendered meaningless if fails to act on said executive orders within thirty
the lawyer gives perfunctory advice as opposed to (30) days after their submission, the same shall be
a meaningful advocacy of the rights of the person deemed consistent with law and therefore valid.
undergoing questioning. If the advice given is so
cursory as to be useless, voluntariness is impaired. Sec31: Submission of Municipal Questions to the
During the investigation, Atty. Domingo failed to act Provincial Legal Officer or Prosecutor. — In the
as the independent and competent counsel absence of a municipal legal officer, the municipal
envisioned by the constitution. He failed to give any government may secure the opinion of the
meaningful advice to protect the rights of appellant. provincial legal officer, and in the absence of the
The former did not even bother to inform the latter latter, that of the provincial prosecutor on any legal
of the consequences of an extrajudicial confession. question affecting the municipality.
During the cross-examination of the investigator
(witness for prosecution), he even went so far as to Sec32: City and Municipal Supervision over Their
state that Atty. Domingo had not acted as Respective Barangays. — The city or municipality,
appellant’s lawyer. If this were so, then appellant through the city or municipal mayor concerned,
had absolutely no counsel when his extra-judicial shall exercise general supervision over component
confession was taken. barangays to ensure that said barangays act within
It is clear that appellant was not assisted by a the scope of their prescribed powers and functions.
competent and independent counsel during the
custodial investigation and the taking of this Sec33: Cooperative Undertakings Among Local
extrajudicial confession. Hence, the Court is duty Government Units. — Local government units
bound to disregard the extra-judicial confession. may, through appropriate ordinances, group
themselves, consolidate, or coordinate their efforts,
services, and resources for purposes commonly
Inter-Local Government Relations beneficial to them. In support of such undertakings,
the local government units involved may, upon
Sec3: Operative Principles of Decentralization. approval by the sanggunian concerned after a
(e) Provinces with respect to component cities public hearing conducted for the purpose,
and municipalities, and cities and municipalities contribute funds, real estate, equipment, and other
with respect to component barangays, shall ensure kinds of property and appoint or assign personnel
that the acts of their component units are within the under such terms and conditions as may be agreed
scope of their prescribed powers and functions; upon by the participating local units through
Memoranda of Agreement.
Sec29: Provincial Relations with Component
Cities and Municipalities. — The province,
through the governor, shall ensure that every Relations with Peoples’ and Non-governmental
component city and municipality within its territorial Organizations
jurisdiction acts within the scope of its prescribed
powers and functions. Highly urbanized cities and Sec34: Role of People's and Non-governmental
independent component cities shall be independent Organizations. — Local government units shall
of the province. promote the establishment and operation of
people's and non-governmental organizations to
Sec30: Review of Executive Orders. — become active partners in the pursuit of local
(a) Except as otherwise provided under the autonomy.
Constitution and special statutes, the governor
shall review all executive orders promulgated by Sec35: Linkages with People's and Non-
the component city or municipal mayor within his governmental Organizations. — Local
jurisdiction. The city or municipal mayor shall government units may enter into joint ventures and
review all executive orders promulgated by the such other cooperative arrangements with people's
and non-governmental organizations to engage in (c) All meetings of the committee shall be held in
the delivery of certain basic services, capability- the provincial capitol or the city or municipal hall.
building and livelihood projects, and to develop The minutes of such meetings of the committee
local enterprises designed to improve productivity and any decision made therein shall be duly
and income, diversity agriculture, spur rural recorded, posted at a prominent place in the
industrialization, promote ecological balance, and provincial capitol or the city or municipal hall, and
enhance the economic and social well-being of the delivered by the most expedient means to elective
people. cdt local officials concerned.
In all three elections, her respective opponents filed IN CAB Rodriguez’ arrival in the Philippines (July
petitions for her disqualification, contesting her 95) preceded the filing of the felony complaint in Los
Filipino citizenship. Angeles (Nov 95). When he left the US, there was as
yet no complaint & arrest warrant – much less
Issue: Did Lopez renounce her Filipino conviction – that he could run away from.
citizenship in 1988 when she applied for an Alien 1) The circumstantial fact that the charges
Certificate of Registration and Immigrant against Rodriguez were filed 17days after his
Certificate of Resident, and was issued an departure can’t overturn the presumption of good
Australian passport? faith in his favor
Held: No 2) It is immaterial to determine the exact time
SC reiterated the principle that a renunciation to when Rodriguez was made aware of the charges
against him, having established that he was not
effectively result in the loss of citizenship, it must
aware of such charges when he left the US
be express.
His failure to submit himself to the jurisdiction of
the US authorities after he learned of the charges
Issue: Assuming that Lopez had dual citizenship,
against him does not make him a “fugitive from
was she disqualified to run for governor?
justice”. Going back to the US in the middle of his
Held: No
term would only violate the very functions of his
SC reiterated Mercado v. Manzano ruling : it was
office and jeopardize public interest.
ruled that for candidates with dual citizenship, it is
enough that they elect Philippine citizenship upon
VITUG DISSENTS:
the filing of their certificate of candidacy, to
terminate their status as persons with dual
citizenship. The filing of the certificate of
candidacy sufficed to renounce foreign MyPleasure Guide: Erotic Massage (Part 2):
citizenship, effectively removing any
disqualification as a dual citizen. Massage Oils
Recognizing situations in which a Filipino citizen Massage oils and lotions do a variety of useful things:
may, without performing any act, and as an they add zest to a dull night, lend a sensual
involuntary consequence of conflicting laws of dimension to a boring old back rub, and reduce
different countries, be also a citizen of another friction, keeping your body silky, slippery and slick.
state, the SC held that dual citizenship as a To use, pour a small amount in the palm of your
disqualification must refer to citizens with dual hand and rub your hands together before gently
allegiance. “Dual citizenship” which is a ground applying to your lover's body. Never pour the oil
for disqualification in LGCode must be directly on your lover's body -- it will feel cold and
understood as referring to citizens with “dual unpleasant. Rub the lotion or oil into your lover's
allegiance”. Consequently, persons with mere body, reapplying as necessary. Feel free to rub oil
dual citizenship do not fall under the into your lover's back, arms, legs, buttocks, chest and
disqualification in the LGC.
neck, but keep it away from genitals unless the bottle
specifically says the lotion is safe for internal use. Election Offenses
Even if it is safe, test a small amount on the skin first, Sec261: Prohibited Acts. — The following shall be
ensuring you and your lover won't have an allergic guilty of an election offense: XXX
or "burning" reaction to it. Massage oils and lotions (Please see law for a VERY long list of election
are not safe to use with latex unless the bottle offenses)
specifically says otherwise.
(continued…)
Nolasco vs. COMELEC (1997)
Facts:
May 8, 1995:Election of mayor of Meycauayan,
Bulacan was held. Blanco won over Alarilla
May 9, 1995: Alarilla filed with the Comelec a
Other Grounds for Disqualification petition to disqualify Blanco, alleging that a
search has been conducted on Blanco's house
which yielded unlicensed firearms and evidence
BP881 – Omnibus Election Code
of systematized massive vote-buying.
After submission of position papers, Comelec
Sec68: Disqualifications. — Any candidate who, in
resolved to disqualify Blanco
an action or protest in which he is a party is
declared by final decision of a competent court
Issues posed by Blanco:
guilty of, or found by the Commission of having
1. Blanco: was denied due process when Comelec
(a) given money or other material consideration to
suspended his proclamation pending
influence, induce or corrupt the voters or public
determination of his disqualification
officials performing electoral functions;
SC: No
(b) committed acts of terrorism to enhance his
1. Section 6 of R.A. No. 6646 and sections 4 and 5
candidacy;
of the Rule 25 of the Comelec Rules of
(c) spent in his election campaign an amount in
Procedure merely require that evidence of guilt
excess of that allowed by this Code;
should be strong to justify the COMELEC in
(d) solicited, received or made any contribution
suspending a winning candidate's proclamation.
prohibited under Sections 89, 95, 96, 97 and 104;
It ought to be emphasized that the suspension
or
order is provisional in nature and can be lifted
(e) violated any of Sections 80, 83, 85, 86 and 261,
when the evidence so warrants.
paragraphs d, e, k, v, and cc, subparagraph 6, shall
2. Blanco was given all opportunity to prove that
be disqualified from continuing as a candidate, or if
the evidence on his disqualification was not
he has been elected, from holding the office. Any
strong : he was given chance to file Motion to Lift
person who is a permanent resident of or an
Order, Answer, and position paper.
immigrant to a foreign country shall not be qualified
to run for any elective office under this Code,
2. Blanco: Comelec departed from procedure laid
unless said person has waived his status as
down by Comelec Resolution 2050 wherein a
permanent resident or immigrant of a foreign
complaint should be referred for preliminary
country in accordance with the residence
investigation to the Law Department
requirement provided for in the election laws. (Sec.
SC: Untenable.
25, 1971 EC)
COMELEC cannot always be straitjacketed by this
procedural rule.
Sec74: Contents of certificate of candidacy.
Comelec's Reason for this Resolution:
XXX
Resolution 2050 was passed to take care of
the proliferation of disqualification cases at that time.
Sec78: Petition to deny due course to or cancel a
It deemed it wise to delegate its authority to its Law
certificate of candidacy. — A verified petition
Department as partial solution to the problem.
seeking to deny due course or to cancel a
However: The May 8, 1995 elections, did not result
certificate of candidacy may be filed by the person
in a surfeit of disqualification cases which the
exclusively on the ground that any material
COMELEC cannot handle.
representation contained therein as required under
Section 74 hereof is false. The petition may be filed
3. Blanco: Comelec erred in using Summary
at any time not later than twenty-five days from the
Proceedings to resolve the disqualification case
time of the filing of the certificate of candidacy and
SC: Ok lang!
shall be decided, after due notice and hearing, not
later than fifteen days before the election.
The COMELEC action is safely anchored on a) public interest
section 4 of its Rules of Procedure which b) near expiration of term of office
expressly provides that petitions for c) pendency of the protest for one year
disqualification "shall be heard summarily after
due notice." Issue: WON RTC and the COMELEC acted with
Vote-buying has its criminal and electoral grave abuse of discretion in granting execution of
aspects. Its criminal aspect to determine the guilt RTC decision pending appeal.
or innocence of the accused cannot be the Held: No grave abuse of discretion
subject of summary hearing. I.
However, its electoral aspect to ascertain 1. Is execution of judgment pending appeal still
whether the offender should be disqualified from provided for by law? Yes.
office can be determined in an administrative a) for elective municipal and barangay officials,
proceeding that is summary in character. application of Section 2 of Rule 39 of the RoC
are permissible pursuant to Rule 143 of the
Concurring and Dissenting Opinion: Bellosillo RoC, which is now Section 4, Rule 1 of
the 1997 Rules of Civil Procedure.
b) for regional, provincial and city officials, the
MyPleasure Guide: Erotic Massage (Part 3): COMELEC Rules of Procedure provide for the
suppletory application for the Rules of Court in
the absence of any applicable provision
Warming Oils
Warming oils work about the same way massage oils
2. Now, what are the recognized reasons for
work: pour a small puddle in one hand, rub both
execution of judgement pending appeal?
hands together to distribute, then apply in a thin The following constitute good reasons, and
layer to the desired area. Gently rub into the skin, a combination of two or more will suffice to grant
applying more as necessary. As you continue to execution pending appeal:
massage, the warming oil will begin to heat up, a. public interest involved or the will of the
causing your partner to feel a pleasantly warm electorate
sensation. Try blowing on the oil-doused skin, too, b. shortness of the remaining portion of the term
for that fabulous icy and hot feel! of the contested office
While not the best option for full-body massages, c. the length of time that the election contest has
warming oils are great for genital massage, or for been pending
massaging small, concentrated areas, such as breasts,
buttocks, thighs and arms. Some warming oils can't <*filing of a bond is not a good reason, but it may
be used with latex products -- make sure to read the be required by the court to answer for payment of
label before using. Warming oils aren't appropriate damages which the aggrieved party may suffer by
for internal use -- don't use them for vaginal or anal reason of the execution pending appeal.>
penetration. However, you can apply them to the In the case at bar, the reasons cited by the RTC
surface of your genitals. Be warned: some of the are good reasons for the issuance of the
warmth-inducing elements may irritate skin; do a execution of judgement pending appeal.
skin patch test before using during sex or your
genitals may end up hotter than you intended. !!! Dan Gat's Notes: He has a problem with the
(continued…) "good reasons" for granting Motion for Execution
Pending Appeal (MEPA). Indeed, there is a need for
Common Problems in Local Government concurrence of two reasons, but the reasons are
Elections easy!
"Public Interest": already existent in any case!
Ramas vs. COMELEC (1998)
So, does this mean one who files a MEPA will always
Facts: win?
Petitioners were proclaimed as the duly elected No. Look at Fermo case. BUT Fermo lost because
municipal officials he was stupid: only cited one ground and didn't know
Respondents, the losing candidates filed election what the term is.
protests with the RTC of Pagadian.
RTC rendered decision declaring all respondents Fermo vs. COMELEC (2000)
as winners
Respondents filed a Motion for Immediate Issue: WON the Motion for execution Pending
Execution of Decision Pending Appeal. Appeal should be granted
RTC granted. Grounds for granting:
Held: No.
COMELEC held correctly that: Shortness of term IN CAB, since Pempe’s COC had been denied and
alone and by itself cannot justify premature cancelled, Joel could not have validly substituted him.
execution. It must be manifest in the decision sought
to be executed that the defeat of the protestee and 2. Under the provision of Sec 77, not just any person
the victory of the protestant has been established. but only “an official candidate of a registered or
In addition, RA 8524, which took effect in 1998, has accredited political party” may be substituted.
extended the term of office of the barangay officials to Any person who attempts to run for an elective office
5 yrs (expire in 2002). This negates or removes the but does not file a COC (just like what Pempe is
factual basis for the finding of the MTC that the term considered to be IN CAB) is not a candidate at all.
of the contested office had past almost midway of the IN CAB, since Pempe’s COC had been denied and
whole term. cancelled, he was NOT an “official candidate” under
Sec. 77 and therefore, Joel could not have validly
substituted him.
Miranda vs. Abaya (1999)
DISSENT: Romero
Facts: DISSENT: Panganiban
Jose “Pempe” (the pimp, hehe) Miranda,
incumbent mayor, filed his certificate of !!! Dan Gat's Notes:
candidacy (COC) for Mayor of Santiago City for A practical application of the Miranda case is:
1998 elections. if you do not want your opponent to be substituted,
BUT: Pempe was DISQUALIFIED as he can ask for the cancellation of his COC, not mere
not run for the 4th time. disqualification.
Joel Miranda filed COC for the mayoralty post Sir notes though… the reason why you file
supposedly as a substitute for his father Pempe for cancellation is because your opponent is
Joel won over Abaya. disqualified? BUT the SC distinguishes
Abaya thus filed petition to declare null and void disqualification from cancellation, so wala na tayong
the substitution magagawa dun.
Comelec ANNULLED the substitution, election
and proclamation of Joel
Recabo vs. COMELEC (1999)
Issue1: WON Pempe aside from being disqualified,
his COC had been denied due course and cancelled Facts:
Held: Yes, it was cancelled and denied due course. Candelaria Recabo who filed her COC as Vice-
mayor of Mainit, Surigao but later withdrew it.
Issue2: WON there was valid substitution The COC of Candelaria has a formal defect:
Held: No. There was no valid substitution signed by only one representative of her alleged
A disqualified candidate may only be party
substituted if he had a valid COC in the first Reyes filed his COC as official candidate of
place because if he did not have a valid Lakas as vice-mayor of Mainit, Surigao.
COC, he is and was not a candidate at all. Kaiser Recabo Jr. also filed his COC, claiming to
be the official candidate of Lakas also as vice-
If a person was not a candidate, he cannot mayor of Mainit as a substitute candidate for the
be substituted under Sec. 77. office of Candelaria Recabo
1. Under Sec. 77 of Omnibus Election Code 11, Recabo won the elections, but…
substitution is only allowed in death, disqualification COMELEC cancelled Recabo’s certificate of
or withdrawal. This does not include those cases candidacy
where the COC of the person to be substituted had
been denied due course. Issue: W/N Recabo is correct in arguing that his
election cannot be annulled based on formal defects
11
Sec. 77. Candidates in case of death, disqualification or withdrawal . – If after
in his Certificate of Candidacy because the electorate
the last day for the filing of certificates of candidacy, an official candidate of a has voted clearly in his favor. “Popular will as clearly
registered or accredited political party dies, withdraws or is disqualified for any expressed in votes cast and counted should prevail.”
cause, only a person belonging to, and certified by the same political party may Held: NO, the doctrine that a mere technicality
file a certificate of candidacy to replace the candidate who died, withdrew or was
disqualified. The substitute candidate nominated by the political party concerned
cannot be used to frustrate the people’s will finds no
may file his certificate of candidacy for the office affected in accordance with the application in CAB considering that the results of
preceding sections not later than mid-day of the election. If the death, withdrawal the election have not been duly established.
or disqualification should occur between the day before the election and mid-day “Certified List of Candidates with their Votes
of election day, said certificate may be filed with any board of election inspectors
in the political subdivision where he is a candidate, or in the case of candidates to
Obtained” and Undated “Certified List of Winning
be voted for by the entire electorate of the country, with the Commission. Candidates” submitted by Recabo do not
sufficiently establish the real results of the
election.
only acceptable evidence of election results: MyPleasure Guide: Erotic Massage (Part 4):
election returns pursuant to BP881.
Balms, Dusts and Body Play
Issue: WON Recabo could still be allowed to run These potions and lotions are the most innovative
Held: No and interesting of the topical sexual enhancers.
Assuming that all 3 were fielded-in by same Spanning a wide range that includes body paint,
political party, at time Recabo Jr filed his edible body frosting, honey dust, nipple cream and
certificate, there was no more void to fill in as "Good Head gel", body balms are a creative addition
Reyes had already filed his certificate as official to anyone's pleasure chest.
candidate of Lakas. No more vacancy to be When using any kind of body balm, keep a few
substituted for. common-sense facts in mind. Most sensual unguents
Disunity and discord among members of contain oil, which means they'll stain just about any
a political party should not be allowed to fabric they come into contact with. We recommend
create a mockery of the electoral process, using an old set of sheets. Also, body play can be
which envisions one candidate from a very messy. While we don't expect you to throw
political party for each position. down a drop cloth, you also don't want to stain your
couch, carpeting or towels. Think about how your
cream-colored chenille throw blanket will look when
Rulloda vs. COMELEC (2003) smeared with blue body paint, and consider draping
the couch with an old towel before getting out the
Facts: paintbrushes. (end)
Romeo Rulloda and Remegio Placido were
contending candidates for Brgy. Chairperson
Romeo passed away so his widow Petronila
Term of Office
Rulloda (petitioner) wrote a letter to COMELEC to
seek permission to run as candidate in lieu of her
dead husband. Sec43: Term of Office. —
(a) The term of office of all local elective officials
Widow Rulloda won
elected after the effectivity of this Code shall be
However, COMELEC issued Resolution 4801
three (3) years, starting from noon of June 30, 1992
and Resolution 5217 insofar as they prohibiting
or such date as may be provided for by law, except
her from running as substitute candidate. Placido
that of elective barangay officials: Provided, That all
proclaimed winner.
local officials first elected during the local elections
immediately following the ratification of the 1987
Issue: W/N Rulloda’s COC should be given due
Constitution shall serve until noon of June 30,
course
1992.
Held: YES.
(b) No local elective official shall serve for more
1. Placido’s argument that there can be no
than three (3) consecutive terms in the same
substitution because there is no political party in
position. Voluntary renunciation of the office for any
brgy. elections (which is non-partisan) from which
length of time shall not be considered as an
to designate the substitute holds no water.
interruption in the continuity of service for the full
Contrary to respondent’s claim, the absence of a
term for which the elective official concerned was
specific provision governing substitution of
elected.
candidates in barangay elections can not be
(c) The term of office of barangay officials and
inferred as a prohibition against said substitution.
members of the sangguniang kabataan shall be for
Indeed, there is more reason to allow the three (3) years, which shall begin after the regular
substitution of candidates where no political election of barangay officials on the second
parties are involved than when political Monday of May 1994.
considerations or party affiliations reign, a fact
that must have been subsumed by law.
2. Placido’s contention that the votes in
1987 Constitution – Article X
petitioner’s favor can not be counted because
she did not file any certificate of candidacy so he
was the only candidate for Barangay Chairman is Sec8: The term of office of elective local officials,
untenable. except barangay officials, which shall be
Comelec Resolution: letter-request is allowed, determined by law, shall be three years and no
treated as a certificate of candidacy. such official shall serve for more than three
consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered sangguniang barangay, the vacancy may be filled
as an interruption in the continuity of his service for up by the city or municipal mayor concerned.
the full term for which he was elected. Approved: November 4, 1988
RA6679 (1988) - An Act To Amend Republic Act RA8524 (1998) – An Act Changing The Term Of
No. 6653 To Postpone The Barangay Elections To Office Of Barangay Officials And Members Of The
March 28, 1989, Prescribing Additional Rules Sangguniang Kabataan From Three (3) Years To
Governing The Conduct Of Barangay Elections Five (5) Years, Amending For The Purpose
And For Other Purposes Section 43 Of RA7160, Otherwise Known As The
Local Government Code Of 1991, And For Other
Sec1: The elections of barangay officials set on the Purposes
second Monday of November 1988 by Republic Act
No. 6653 are hereby postponed and reset to March Sec1: Section 43 of Republic Act No. 7160,
28, 1989. They shall serve a term which shall begin otherwise known as the Local Government Code of
on the first day of May 1989 and ending on the 1991, is hereby amended to read as follows:
thirty-first day of May 1994. "SEC. 43. Term of Office. — (a) The term of office
There shall be held a regular election of barangay of all elective officials elected after the effectivity of
officials on the second Monday of May 1994 and on this Code shall be three (3) years, starting from
the same day every five (5) years thereafter. Their noon of June 30, 1992 or such date as may be
term shall be for five (5) years which shall begin on provided for by law, except that of elective
the first day of June following the election and until barangay officials and members of the
their successors shall have been elected and sangguniang kabataan: Provided, That all local
qualified: Provided, That no barangay official shall officials first elected during the local elections
serve for more than three (3) successive terms. immediately following the ratification of the 1987
acd Constitution shall serve until noon of June 30,
The barangay elections shall be nonpartisan and 1992.
shall be conducted in an expeditious and "(b) No local elective official shall serve for more
inexpensive manner. than three (3) consecutive terms in the same
position. Voluntary renunciation of the office for any
Sec3: The construction or maintenance of provincial, length of time shall not be considered as an
city, municipal and barangay-funded roads and interruption in the continuity of service for the full
bridges shall be prohibited for a period of ten (10) term for which the elective official concerned was
days immediately preceding the date of election, elected.
the provisions of Section 261, paragraphs (v) and "(c) The term of barangay officials and members
(w), of the Omnibus Election Code to the contrary of the sangguniang kabataan shall be for five (5)
notwithstanding. years, which shall begin after the regular election of
barangay officials on the second Monday of May
Sec5: There shall be a sangguniang barangay in 1997: Provided, That the sangguniang kabataan
every duly constituted barangay which shall be the members who were elected in the May 1996
legislative body and shall be composed of seven elections shall serve until the next regular election
(7) kagawads to be elected by the registered voters of barangay officials."
of the barangay. The candidate who obtains the
highest number of votes shall be the punong Sec2: The provisions of this Act shall apply to the
barangay and in the event of a tie, there shall be a incumbent barangay officials and members of the
drawing of lots under the supervision of the sangguniang kabataan.
Commission on Elections. The chairman of the Approved: February 14, 1998
kabataang barangay who shall hereafter be elected
in accordance with law shall be an ex officio
member of the sangguniang barangay. In the event RA9006 (2001) – An Act To Enhance The Holding
of any vacancy in the office of the punong Of Free, Orderly, Honest, Peaceful And Credible
barangay, whether temporary or permanent, or in Elections Through Fair Election Practices
case of disqualification or refusal to assume office,
an order of succession among the six (6) members Sec14: Repealing Clause. — Sections 67 and 85 of
of the sangguniang barangay based upon the the Omnibus Election Code (BP881) and Sections
number of votes received from the highest to the 10 and 11 of RA6646 are hereby repealed. As a
lowest shall be followed to fill up the vacancy. In consequence, the first proviso in the third
default of any duly elected member of the paragraph of Section 11 of RA8436 is rendered
ineffective. All laws, presidential decrees, executive
orders, rules and regulations, or any part thereof served his full term of office, states that
inconsistent with the provisions of this Act are "voluntary renunciation of the office for any length
hereby repealed or modified or amended of time shall not be considered as an interruption
accordingly. in the continuity of his service for the full term for
which he was elected." The term served must
therefore be one "for which [the official
RA9164 (2002) – An Act Providing For concerned] was elected." The purpose of this
Synchronized Barangay And Sangguniang provision is to prevent a circumvention of the
Kabataan Elections, Amending Ra7160, As limitation on the number of terms an elective local
Amended, Otherwise Known As The "Local official may serve. Conversely, if he is not serving
Government Code Of 1991", And For Other a term for which he was elected because he is
Purposes simply continuing the service of the official he
succeeds, such official cannot be considered to
Sec2: Term of Office. — The term of office of all have fully served the term notwithstanding his
barangay and sangguniang kabataan officials after voluntary renunciation of office prior to its
the effectivity of this Act shall be three (3) years. expiration.
No barangay elective official shall serve for more Lonzanida vs. COMELEC (1999)
than three (3) consecutive terms in the same
position: Provided, however, that the term of office Facts:
shall be reckoned from the 1994 barangay Lonzanida served two consecutive terms as
elections. Voluntary renunciation of office for any Mayor prior to the 1995 elections. In the May
length of time shall not be considered as an 1995 elections Lonzanida ran for and won as
interruption in the continuity of service for the full mayor.
term for which the elective official was elected. His proclamation in 1995 was however contested
by his then opponent Alvez who filed an election
protest
Borja vs. COMELEC (1998) COMELEC declared Alvez the duly elected
mayor of San Antonio, Zambales.
Facts: Alvez assumed office for the remainder of
Capco was elected Pateros vice-mayor of Lonzanida's term.
Pateros on 1988 for a term ending June 1992. In 1998 elections Lonzanida again ran for mayor
On September 2, 1989, he became mayor, upon of San Antonio. His opponent Muli filed a petition
the death of the incumbent. to disqualify Lonzanida from running on the
Capco ran for and won as mayor in the 1992 and ground that he had served three consecutive
1995 elections. terms in the same post.
Capco filed a certificate of candidacy for mayor of
Pateros for the 1998 elections. Borja who was Issue: WON Lonzanida's assumption of office from
also a candidate for mayor, sought Capco's May 1995 to March 1998 may be considered as
disqualification on the theory that the latter would service of one full term for the purpose of applying
have already served as mayor for three the three-term limit for elective local government
consecutive terms (counting 1989-1992 term) officials
Held: NO
Issue: WON Capco’s service as mayor from 2 conditions for the application of the
September 2, 1989 to June 30, 1992 is considered as disqualification must concur:
service for one full term. 1) that the official concerned has been elected
Held: NO for three consecutive terms in the same local
(a) To prevent the establishment of political government post and
dynasties is not the only policy embodied in the 2) that he has fully served three consecutive
constitutional provision in question. The other terms.
policy is that of enhancing the freedom of choice
of the people. To consider only the stay in office IN CAB: The two requisites are absent.
regardless of how the official concerned came to 1. Not elected for three terms: Petitioner cannot be
that office would be to disregard one of the considered as having been duly elected to the
purposes of Article X, §8 of the Constitution. post and did not fully serve the 1995-1998
(b) The first sentence speaks of "the term of office of mayoral term by reason of involuntary
elective local officials" and bars "such official[s]" relinquishment of office. After a re-appreciation
from serving for more than three consecutive and revision of the contested ballots the
terms. The second sentence, in explaining when COMELEC itself declared by final judgment that
an elective local official may be deemed to have petitioner Lonzanida lost in the May 1995
mayoral elections and his previous proclamation enough that an individual has served 3 consecutive
as winner was declared null and void. His terms in an elective local office, he must also have
assumption of office as mayor cannot be been elected to the same position for the same
deemed to have been by reason of a valid number of times before the disqualification can apply.
election but by reason of a void proclamation. For the disqualification to apply, 2 conditions must
A proclamation subsequently declared void is no concur:
proclamation at all. 1. that the official has been elected for 3
2. Did not fully served the May 1995 to 1998 term : consecutive terms in the same local govt.
because he was ordered to vacate his post post
before the expiration of the term. 2. that he has fully served the 3 consecutive
Voluntary v. Involuntary Renunciation: Voluntary terms.
renunciation of a term does not cancel the
renounced term in the computation of the three For nearly 2 years, Talaga was a private citizen. The
term limit; conversely, involuntary severance from continuity of his mayorship was disrupted by his
office for any length of time short of the full term defeat in the 1998 elections.
provided by law amounts to an interruption of Fr. Bernas’ comment (if one is elected representative
continuity of service. The petitioner vacated his to serve the unexpired term of another, that
post not by voluntary renunciation but in unexpired, no matter how short, will be considered 1
compliance with the legal process of writ of term xxx) is pertinent only to members of the House
execution issued by the COMELEC to that of Rep.
effect. Such involuntary severance from office
is an interruption of continuity of service.
Socrates vs. COMELEC (2002)
!!! Dan Gat's Notes:
SC has made a distinction between: Facts:
a. voluntary renunciation term deemed fully July 2, 2002- Puerto Princessa barangay officials
served convened into a Preparatory Recall Assembly to
b. involuntary renunciation term not deemed fully initiate the recall of Mayor Socrates. Resolution
served No. 01-02 was passed.
Socrates questioned Resolution but Comelec
Sir asks…what if the official, on his third term of upheld it.
office, was suspended for one day involuntary Hagedorn filed his CoC for mayor in said recall
renunciation? So he can run again in the next election.
election? Respondents filed a petition to disqualify him and
to cancel his CoC on the ground that such would
then be his fourth consecutive term having been
Adormeo vs. COMELEC (2002) elected for 3 consecutive terms
Facts: Facts:
No Governor was proclaimed for the province of Negros Occidental Governor Coscolluela
Leyte due to a pending election case before the designated petitioner Gamboa as acting
COMELEC. governor for the duration of the governor's official
Sec of Local Govt Santos designated Vice-Gov trip abroad
Petilla as Acting Gov of Leyte, and Sangguniang Subsequently, when the SP held its regular
Panlalawigan Member Menzon as Acting Vice- session, respondents (members of the
Gov. Sangguniang Panlalawigan) questioned the
The Sangguniang Panlalawigan issued authority of Gamboa to preside therein in view of
Resolution 505, resolving NOT to recognize the his designation as Acting Governor
designation of Menzon as Acting Vice-Gov.
Issue: WON an incumbent Vice-Governor, while
Issue1: WON there was a vacancy in the office of concurrently the Acting Governor, continue to
Vice-Gov preside over the sessions of the Sangguniang
Held: YES Panlalawigan
There is a vacancy when there is no person lawfully Held:
authorized to assume and exercise at present the NO. There results a temporary vacancy in the
duties of the office. office of the Vice-Governor whenever the latter acts
HERE The office of Vice-Gov was left vacant when as Governor by virtue of a temporary vacancy.
the duly elected Vice-Gov, Petilla was appointed as 1. unlike under the old LGC where the Governor
Acting Gov. In the eyes of the law, the office to which is not only the provincial chief executive but
he was elected was left barren of a legally qualified also the presiding officer of the local legislative
person to exercise the duties of the office of Vice- body, the new LGC deprived the Governor of the
Gov. power to preside over the SP
this is clear from the provision of the LGC that the
Issue2: WON the Sec. of Interior had the authority to "local legislative power shall be vested in the
designate Menzon as Acting Vice-Gov SP" (Sec 48) which is comprised of:
Held: YES 1.) Vice Governor, as presiding officer
1 Under the circumstances of this case: 2.) Regular elective SP members
a. Silence of the LGC as to the mode of 3.) Three elective sectoral representatives
succession in the event of a temporary 4.) ex-officio members, nameley:
vacancy in the office of Vice-Gov; and a.) president of the provincial chapter of the
b. Necessity for the appointment of Vice-Gov liga ng mga barangay
demanded by the exigencies of public b.) president of the panlalawigang
service - to prevent a delay in the delivery of pederasyon ng mga sangguniang
basic services and the disruption in the kabataan
proper management of the affairs of Leyte c.) president of the provincial federation of
during the time when no Gov had yet been sanggunian members of municipalities
proclaimed and component cities
…the President, through her alter ego, the Sec of Governor is not in the list! when the law
Local Govt, may remedy the situation [by declaring enumerates, the law necessarily excludes.
the temporary appointment of Menzon as Acting Consequently, the union of legislative-executive
Vice-Gov]. powers in the Governor has been disbanded
2 CA 588 & the Revised Admin Code of 1987, 2. It has been held that if a Mayor who is out of
authorizing the Prex to make temporary country is considered effectively absent, the
appointments in case of vacancies in appointive
Vice-Mayor should discharge the duties of the that it was intended to be permanent. Petitioner's
mayor. This should equally apply in the CAB. appointment had already become complete and
Although it is difficult to lay down a definite rule enforceable at the time it was supposed to have been
as to what constitutes "absence", this term "superseded" by the appointment in favor of Alar.
should be reasonably construed to mean Docena had already acquired security of tenure
"effective" absence one that renders the in the position and could be removed therefrom
officer concerned powerless for the time being only for any of the causes, and conformably to
to discharge the powers and prerogatives of his the procedure, prescribed by the Local
office Government Code. These requirements could not
Being the Acting Gov, the Vice Gov cannot be circumvented by the simple process of
continue to simultaneously exercise the duties recalling his appointment.
of the latter office, since the nature of the duties
of the provincial Governor call for a full time 2. The respondents are ambivalent about the power
occupant to discharge them. of the Secretary of Local Government to recall his
appointments.
3. Remedy: Article 49 (b) of LGC: election of a They described the December 19 recall of Alar
temporary presiding officer. as "whimsical, capricious and wishy-washy" for
lack of a previous hearing (although they had no
similar complaints about the recall of Docena's
appointment although also made without
hearing).
2. Section 153 of BP 337 grants the SP the power to The G-Spot is embryonically analogous to the male
declare a municipal resolution invalid on the sole prostate. In plain English, certain embryonic cells
ground that: develop one way if the child is female and another
- it is beyond the power of the SB or Mayor to way if the baby turns out to be male. In boys, the
issue prostate gland is responsible for the production of
- Velazco vs.Blas: If a provincial board passes fluid that makes up semen. In girls, the area that
these limits, it usurps the legislative functions of would have been the prostate becomes the G-Spot.
the municipal council or president The reason that some medical authorities have said
that it doesn't exist is because the G-Spot engorges
THUS, the SP was: only with stimulation, making it very hard to locate
- without authority to disapprove the resolution for in autopsy studies, the primary source for new
the Municipality of Buanwan clearly has the anatomical research.
power to exercise the right of eminent domain
and its SB the capacity to promulgate said The G Spot cannot possibly live up to all the hype it
resolution has received; it is simply one more pleasant place to
stimulate in some women. While all women have a
3. Resolution 43-89 is valid and binding and could be
G-Spot, not all women notice anything different
used as lawful authority to petition for the
when it is stimulated--and some women actually
condemnation of petitioners’ property
dislike the sensation. So don't be discouraged if you
can't find your own G-Spot, or that of a partner. And
don't be alarmed if you don't like the sensation.
Voodoo Fire in Haiti (Part 3):
Remember, every body is different!
(continued…)
CAB: Since there are 7 councilors, a tie is not
possible. Vice Mayor’s vote in case of a tie is no
longer necessary.
Judicial Intervention
3. Courts with jurisdiction over the case to
prohibit Vice Mayor from exercising to vote twice
Rule 63, Section 4, 1997 Rules of Civil Procedure
Doctrine in Vera vs. Avelino that prohibition refers
only to proceedings of any tribunal, corporation,
SECTION 4. Local government ordinances. — In board or person not exercising legislative functions is
any action involving the validity of a local based on the principle of separation of powers and
ordinance, the corresponding prosecutor or checks and balances which is not applicable to local
attorney of the local governmental unit involved governments. The case is irrelevant to the issue in
shall be similarly notified and entitled to be heard. If CAB in addition to the actuality that executives at the
such ordinance is alleged to be unconstitutional, local or municipal level are vested with both
the Solicitor General shall be notified and entitled to legislative and sometimes judicial functions, in
be heard. (4a, R64) addition to their purely executive duties.
By explicit statutory command, courts are given
authority to determine the validity of municipal
Perez vs. Dela Cruz (1969) proceedings. And in CAB, the petitioner, in insisting to
exercise the right to vote twice in the municipal
Facts: board, acted without jurisdiction and power to do so,
Vice Mayor Perez (Naga City), who was presiding a and may be validly prevented and restrained by a writ
private conference with 7 city councilors in the matter of prohibition.
of selecting the secretary of the municipal board and In reply to petitioner’s assertion that the acts sought
the chairman of various standing committees of the to be restrained are mere “probable individual
board, expressed her intention to vote on these actuations” beyond the reach of a prohibitory writ,
matters – to create a tie vote and thereafter to suffice it to state that prohibition is essentially a
exercise her power as presiding officer to break the preventive remedy and is not intended to provide for
deadlock. remedy for acts already accomplished.
Four concilors sought to prevent the Vice Mayor by Petitioner’s threat of voting twice was not an empty or
filing with CFI of Camarines Sur. meaningless gesture for record shows that she voted
twice for the approval of the alleged amendment to
Held: the rules of procedure.
1. The Vice Mayor of Naga City as presiding
officer of the Municipal Board cannot be a
member of the same board: Homeowner’s Association of the Phils., Inc. vs.
In the absence of any statutory authority constituting Municipal Board of City of Manila (1968)
the vice-mayor as a member of the municipal board,
in addition to being the presiding officer thereof, it Facts:
cannot be read into the law something that is not Homeowner’s Association brought action for
there. Differences in law beget differences in legal declaratory relief to nullify Manila Municipal
effects. Ordinance4841 declaring that a state of emergency
The mere fact that the vice-mayor was made the existed in the matter of housing accommodations in
“presiding officer” of the board did not ipso jure make Manila, in view of prevailing scarcity of land and
him a member thereof; and even if he “is an integral buildings for residential purposes there.
part of the Municipal board” such fact does not Sec1 and 2 declared that lessors and sublessor of
necessarily confer on him” either the status of a land and buildings primarily devoted to residential
regular member of its municipal board or the powers purposes cannot increase their rentals beyond
and attributes of a municipal councilor. certain conditions.
CAB: There is nothing in the Charter of Naga City
which provides that the vice-mayor of said city is a Held:
member of the municipal board. He was not even 1. Assuming that the City had such powers and
designated as “Acting Mayor” in case of temporary assuming the existence of the emergency,
incapacity of the Mayor. ordinance is illegal and unconstitutional (Note:
Court did not decide if the city has power to
2. Vice-Mayor is allowed to vote only in case of declare a state of emergency and if such
a tie. He is not allowed to vote twice (to create a emergency existed)
tie and break the deadlock). The police power of municipal corporations is subject
to constitutional limitations. Individual rights may be
adversely affected by the exercise of police power guilty of trafficking dangerous drugs as prescribed
only to the extent that may be fairly required by the in this Act, shall be removed from office and
legitimate demands of public interest or public perpetually disqualified from holding any elective or
welfare. appointive positions in the government, its
When the demands of public interest are brought divisions, subdivisions, and intermediaries,
about by a state of emergency, the interference upon including government-owned or -controlled
individual rights must be co-terminus with the corporations.
existence of the state of emergency. The statute
passed to meet a given emergency, should limit the Sec28. Criminal Liability of Government Officials
period of its effectivity. and Employees. — The maximum penalties of the
Otherwise, that which was intended to meet a unlawful acts provided for in this Act shall be
temporary emergency may become a permanent law imposed, in addition to absolute perpetual
When the cause for the grant of power was disqualification from any public office, if those found
temporary, so should the grant be, for the effect guilty of such unlawful acts are government officials
cannot remain in existence upon the removal of its and employees.
cause.
Sec3. Grounds. — Preventive suspension may be Sec4. Power to take testimony or receive
imposed at any time after the issues are joined, evidence. — The Investigating Authority is hereby
that is, after respondent has answered the authorized to take testimony or receive evidence
complaint, when the evidence of guilt is strong and, relevant to the administrative proceedings, which
authority shall include the power to administer Sec10. Order of hearing. — Unless otherwise
oaths, summon witnesses, and require the directed by the Investigating Authority, the order of
production of documents by subpoena duces a hearing shall be as follows:
tecum pursuant to Book 1, Chapter 9, Section 37 of a) The complaint shall produce the evidence on
the Administrative Code of 1987. his part;
Anyone who, without lawful excuse, fails to appear b) The respondent shall then offer evidence in
upon summons issued under authority of the support of his defense; and
preceding paragraph or who, appearing before the c) The parties may then respectively offer
Investigating Authority exercising the power therein rebutting evidence, unless the Investigating
defined, refuses to make oath, give testimony or Authority, for good reasons and in the furtherance
produce documents for inspection, when lawfully of justice, permits them to offer evidence upon their
required, shall be subject to discipline as in case of original case.
contempt of court and, upon application by the
Investigating Authority, shall be dealt with by the Sec11. Order of Examination. — The order in which
judge of the proper regional trial court in the a witness may be examined shall be as follows:
manner provided for under Book VII, Chapter 3, a) Direct examination by the proponent;
Section 13, in relation to Chapter 1, Section 2 (1), b) Cross examination by the opponent;
of the Administrative Code of 1987. c) Re-direct examination by the proponent; and
d) Re-cross examination by the opponent.
Sec5. Notice of hearing. — The parties and their
witnesses shall be notified by subpoena of the Sec12. Termination of formal investigation. — The
scheduled hearing at least five (5) days before the formal investigation of the case shall be terminated
date thereof, stating the date, time and place of the by the Investigating Authority within ninety (90)
hearing. days from the start thereof. Unreasonable failure to
complete the formal investigation after the said
Sec6. Venue of hearing. — When the respondent is period by the person or persons assigned to
an elective official of a province or highly urbanized investigate shall be a ground for disciplinary action.
city, the formal investigation as contemplated in this
Rule shall be conducted in the place where he Sec13. Memoranda. — The Investigating Authority
renders or holds office. For all other local elective may allow the parties to submit their respective
officials, the venue shall be the place where the memoranda, together with their respective draft
sanggunian concerned is located. resolutions and orders for consideration of the
Investigating Authority, within fifteen (15) days after
Sec7. Request for subpoena. — If a party desires the termination of the formal investigation.
the attendance of a witness or the production of
documents, he should make formally request for Sec. 14. 90-day ban. — No formal
the issuance of the necessary subpoena or investigation shall be conducted within ninety (90)
subpoena duces tecum at least three (3) days days immediately prior to any local election. (As
before the scheduled hearing. added by AO159)
Sec2. Records classification. — Records in Sec3. Removal. — An elective local official may be
administrative disciplinary cases are classified as removed from office on the grounds enumerated in
confidential in nature and any information as to the Rule 2 hereof by order of the proper court or the
charges, accusation, or facts adduced may not be Disciplining Authority whichever first acquires
released, and such records may not be available, jurisdiction to the exclusion of the other.
except to the proper authorities and, upon request, The penalty or removal from office as a result of an
to the parties-in-interest or their authorized administrative investigation shall be considered a
representatives on the "need-to-know" basis bar to the candidacy of the respondent for any
pursuant to Memorandum Circular No. 78 dated elective position.
August 14, 1964, as amended by Memorandum
Circular No. 196 dated July 19, 1968, prescribing RULE 12: EXECUTIVE CLEMENCY
rules governing security of classified matter in Sec1. Removal of administrative penalties or
government offices. disabilities. — In meritorious cases, the President
may, after his decision has become final and
RULE 10: DECISION executory, commute or remove administrative
penalties and disabilities imposed upon elective
local officials in administrative disciplinary cases, However, once the 60-day preventive suspension has
subject to such terms and conditions as he may been served, the official is deemed reinstated in
imposed in the interest of the service. office without prejudice to the continuation of the
administrative investigation of the charges against
RULE 13: MISCELLANEOUS PROVISIONS him.
Sec1. Effects and application of relevant laws. —
xxx In all matters not provided in this Administrative
Order, the Rules of Court and the 1987 Joson vs. Executive Secretary (1998)
Administrative Code shall apply in a suppletory
character. Facts:
It was alleged in the complaint of the vice governor
and members of the Sangguniang Panlalawigan that
Governor Joson, with some armed men, barged into
Espiritu vs. Melgar (1992) the session hall of the SP, angrily kicking the chairs
and tables and threatening the members present –
Facts: alleged done to harass the SP into approving a
Three similar complaints were filed with the DILG, pending legislative measure obtaining a P150 million
Office of the Provincial Governor, and Office of the from the PNB.
President, accusing Mayor Melgar of physically DILG found Joson guilty and ordered 6 months
assaulting and arresting him without any reason. suspension on the ground that the affidavits of
Sangguniang Panlalawigan, after evaluation, passed respondent complainants were more natural,
a resolution recommending the Provincial Governor reasonable and probable than those of Joson's.
to preventively suspend him pending the
administrative case so Mayor Melgar was suspended Held: Governor Joson was not validly suspended.
by Governor Espiritu. Verification requirement in the complaint and the joint
Melgar filed petition with RTC which enjoined the affidavit is only a formal and not a jurisdictional
Governor from implementing the order of suspension. requisite which is required only to insure good faith in
making the allegations. The court may order
Held: RTC has no jurisdiction to enjoin the governor correction of the pleading if unverified or act upon the
from preventively suspending the mayor. unverified pleading if attendant circumstances are
Clearly, under Sec63 of the (old) LGC, the provincial such that dispenses the requirement. CAB:
governor of Oriental Mindoro is authorized by law to Verification requirement was waived when the
preventively suspend the municipal mayor of Naujan president himself acted on the complaint.
at anytime after the issues had been joined and any
of the following grounds were shown to exist: The power to discipline an elective official is lodged in
1. When there is reasonable ground to believe the President (AO 23, Sec2) which includes the
that the respondent has committed the act or acts power to investigate. AO23 (Sec3) however
complained of; delegates the power to investigate to the DILG.
2. When the evidence of culpability is strong; Also, such power of the DILG to investigate
3. When the gravity of the offense so warrants; administrative complaints is based on the alter-ego
or principle and the doctrine of qualified political agency.
4. When the continuance in office of the
respondent could influence the witnesses or pose Non-compliance with AO23 in that the Office of the
a threat to the safety and integrity of the records President should have first required Joson to file his
and other evidence. answer then refer the complaint and answer to the
Ratio of preventive suspension: so that the Investigative Authority (DILG) for further proceedings
respondent may not hamper the normal course of the is not a fatal defect, being merely procedural.
investigation through the use of his influence and The answer is required only for the President to make
authority over possible witnesses (Lacson vs. Roque, a preliminary assessment of the case, and he found
92 Phil. 456). the complaint in CAB already sufficient in form and
substance.
Also, Melgar failed to exhaust administrative
remedies: Since respondent mayor believed that his HOWEVER, the 6month suspension is not valid
preventive suspension was unjustified and politically because of the denial of Joson’s Motion to Conduct
motivated, he should have sought relief first from the Formal Investigation which denied him procedural
Secretary of Interior and Local Government, not from due process.
the courts. Sec5 of AO23 provides that at the preliminary
conference, the Investigating Authority shall summon
the parties to consider whether they desire a formal
investigation. DILG has no discretion to determine CAB: There is no basis to justify the construction of
whether a formal investigation would be conducted. the word as mandatory. Office of the President found
There is nothing in the LGC, its IRR, nor in AO23 that that the execution of the decision of the Sangguniang
provide that administrative cases can be decided on Panlalawigan suspending Mayor Corral from office
the basis of position papers. Respective memoranda might be prejudicial to the public interest. Thus, in
may be required ONLY AFTER the formal order not to disrupt the rendition of service by the
investigation and hearing has been held. mayor to the public, a stay of the execution of the
decision is in order.
The term "shall" in Sec68, LGC may be read either Aguinaldo vs. Santos (1992)
as mandatory or directory depending upon a
consideration of the entire provision in which it is Facts:
found, its object and the consequences that would Governor Aguinaldo of Cagayan province was found
follow from construing it one way or the other. guilty by DLG Sec for disloyalty to the Republic and
culpable violation of the Constitution and was ordered
removed from office. Moreover, the Court had stated in the case Bagabuyo
Pending Aguinaldo’s petition in SC, he filed his vs. Davide that BP337 remained in force despite the
certificate of candidacy for position of Governor for effectivity of the present Constitution, until such time
the 1992 elections. as the proposed 1991 LGC is approved. The power
COMELEC disqualified Aguinaldo. of DLG Sec to remove local elective government
SC annulled COMELEC Resolution disqualifying officials is found in Sec60 and 61 of BP337.
Aguinaldo on the ground that DLG Sec. decision has
not yet attained finality and is still pending review with
SC. People vs. Toledano (2000)
Aguinaldo won in the 1992 elections as Governor.
Facts:
Held: Ombudsman dismissed administrative cases against
1. Aguinaldo’s re-election to Governor position Bunao (member of Sangguniang Bayan), but
has rendered the administrative case pending recommended the prosecution of Bunao under
before SC moot and academic. Sec41, par(1) in relation to Sec221 of 1983 LGC
RULE: A public official can not be removed for (Officials not to engage in Business Transactions or
administrative misconduct committed during a prior Possess Pecuniary Interest).
term, since his re-election to office operates as a An information was filed against Bunao before the
condonation of the officer's previous misconduct to RTC.
the extent of cutting off the right to remove him Bunao moved to dismiss the information on the
therefor. It is assumed that the electorate did this with ground that the charge had already become moot
knowledge of his life and character. and academic and that any criminal liability he may
However, such rule finds no application to criminal have incurred has been extinguished (Administrative
cases pending against petitioner for acts he may charges had been dismissed; Bunao was re-elected).
have committed during the failed coup.
Held: It was not proper for judge to issue order of
2. The 1987 Constitution has not repealed the dismissal on the ground of extinction of criminal
power of DLG Sec to suspend or remove local liability. There is Grave Abuse of Discretion
government officials as alter ego of the President. amounting to lack of jurisdiction.
The Sec’s power to remove is anchored on the It is a fundamental principle of administrative law that
Constitution and a statutory grant from the administrative cases are independent from criminal
legislature: actions for the same act or omission.
- Constitutional basis: in Articles VII (17) and X The reliance made by respondent judge on the re-
(4) – which vest in the President the power of election of private respondent as Kagawad in the
control over all executive departments, bureaus May 1992 election so as to warrant the dismissal of
and offices and the power of general supervision the information filed against him, citing Aguinaldo vs.
over local governments, and by the doctrine that Santos is misplaced. The ruling in said case which
the acts of the department head are forbids the removal from office of a public official for
presumptively the acts of the President unless administrative misconduct committed during a prior
expressly rejected by him term, finds no application to criminal cases, pending
- The statutory grant in BP337 has against said public officer.
constitutional roots - having been enacted by the 1991 LGC which repealed 1983 LGC: (1) reenacted
Batas Pambansa pursuant to Art XI, Sec2 of in its Sec89 the legal provision of Sec41 of BP337
1973 Constitution which states that the National under which private respondent Bunao was charged
Assembly shall... provide for the qualifications, and (2) penalizes the same act previously penalized
election and removal... of local government under the repealed law, such that the act committed
officials before the reenactment continuous to be a crime.
- a similar provision is found in Art X, Sec3 of Hence, prosecution will proceed under the provisions
1987 Constitution that the Congress shall... of Section 89 in relation to Section 514 of R.A.7160.
provide for the qualifications, election,
appointment, and removal... and all other matters
relating to the organization and Garcia vs. Mojica (1999)
operation of the local units.
Inasmuch as the power and authority of the
Facts:
legislature to enact a local government code, which
Garcia, as Cebu City mayor, signed a contract with
provides for the manner of removal of local
F.E.Zuellig for supply of asphalt to the city. Contract
government officials, is found in the 1973 and 1987
covers the period 1998-2001 which was to
Constitutions, then it cannot be said that BP337 was
repealed by the effectivity of the present Consitution.
commence on September1998 when the first delivery RE: Period for which an official may be
should have been made by Zuellig. preventively suspended:
March1999, news reports came out regarding alleged - must not exceed 6months under Sec24,
anomalous purchase of asphalt by Cebu City, RA6770
through the contract signed by Garcia – which CAB: Garcia was preventively suspended and
prompted Office of Ombudsman (Visayas) to conduct ordered to cease and desist from holding office for
an inquiry. the entire period of 6months, which is the maximum
Preventive suspension order was issued by the provided by law.
Office of the Ombudsman.
Garcia assails validity of the order. RE: Determination of W/N the evidence of guilt is
strong as to warrant preventive suspension, and
RE: Ombudsman's authority to conduct the period of such suspension:
administrative investigations: - rests and necessarily belongs to the
- mandated by the Constitution under Art XI, Ombudsman, except that he cannot extend the
Sec13(1) period of suspension beyond that provided by
- RA6770 (Ombudsman Law) grants the law.
statutory power to conduct administrative SC’s view: The strength of the evidence to warrant
investigations said suspension and the propriety of the length or
- Sec19 - to act on administrative complaints period of suspension imposed on Garcia are properly
- Sec21 - which names the officials subject to raised in the petition under Rule65 where there may
Ombudsman's disciplinary authority, among be grave abuse of discretion.
which are elective officials of the government
CAB: Garcia is an elective official accused of grave 1. W/N the evidence is sufficiently strong to
misconduct and dishonesty – it is clear from the law justify the imposition of preventive
that the Office of the Ombudsman may conduct an suspension against Garcia.
administrative investigation into the acts complained Held: Findings sufficiently justify it.
of. - Pertinent to note that the inquiry that
preceded the filing of administrative case vs.
RE: Ombudsman's authority to preventively Garcia was prompted by new reports regarding
suspend an official subject to its administrative the allegedly anomalous contract entered into by
investigation: Garcia, on behalf of Cebu City, with Zuellig.
- Sec24, RA6770 provides for it – - In the memo to Mojica, Graft Investig. Off.
The Ombudsman or his Deputy may preventively Garciano recommended that Garcia be
suspend any officer or employee under his preventively suspended, based on an initial
authority pending an investigation, if in his investigation purportedly showing:
judgment the evidence of guilt is strong, and (a) o Contract was designed to favor
the charge against such officer or employee Zuellig
involves dishonesty, oppression or grave o Amount quoted in contract was too
misconduct or neglect in the performance of duty; expensive compared to amount for which
(b) the charges would warrant removal from the asphalt may be bought from local suppliers
service; or (c) the respondent’s continued stay in like Shell and Petron – specially considering
office may prejudice the case filed against him. that it was fixed in dollars and payable in
xxx pesos exposing city government to risks
“Under his authority” has been previously attendant to a fluctuating exchange rate
interpreted to mean that the Ombudsman can o Interest of city under the contract is
preventively suspend all officials under investigation not protected by adequate security
by his office, regardless of the branch of government - Findings were based on the contract, letters
in which they are employed, except those removable from Bitumex and Credit Lyonnais, letters from
by impeachment, members of Congress and the Shell and Petron on whether they can supply
Judiciary. asphalt to Cebu City…
This power is also available to the Deputy
Ombudsman. 2. W/N the imposition of the maximum
CAB: There can be no question as to the power and period of 6 months is warranted by the
authority of respondent Deputy Ombudsman Mojica purpose and the circumstances in CAB
to issue an order of preventive suspension against an Held: NO.
official like Garcia – to prevent that official from using SolGen’s statement for respondents during his oral
his office to intimidate or influence witnesses or to argument show that the evidence (documents,
tamper with records that might be vital to the vouchers, purchase orders…) to prove guilt were
prosecution of the case against him. obtained after Garcia has been suspended, and he
claimed (even as an afterthought) that they 2. Hagad vs. Gozo-Dadole has said that
strengthen the evidence against Garcia. nothing in LGC indicate that it has repealed
If the purpose of the preventive suspension was to (express or implied) the pertinent provisions of
enable the investigating authority to gather Ombudsman Act – not being inconsistent.
documents without intervention from Garcia, then, Although it has been argued that 6month period
from respondents’ submission – it can be concluded under Ombudsman Law is much too repugnant to
that this purpose was already achieved during the 60day period under LGC, Vitug said that the two
nearly month-long suspension of Garcia from govern differently.
June25-July19, 1999.
Granting that now the evidence vs. Garcia is already Garcia still contends: The Hagad case did not settle
strong, even without conceding that initially it was the question of whether a local elective official may
weak – it is clear that the maximum 6-month period is be preventively suspended even before the issues
excessive and definitely longer than necessary for could be joined. And he was not given a chance to
Ombudsman to make its legitimate case vs. Garcia. refute first the charges against him.
Conclusion: the period during which Garcia was Note: Under the LGC, preventive suspension may
already preventively suspended, has been sufficient only be imposed after issues are joined.
for the lawful purpose of preventing him from hiding Held: It has been held in other cases that there could
and destroying needed documents, or harassing and be preventive suspension even before the charges
preventing witnesses who wish to appear against against the official are heard, or before the official is
him. given an opportunity to prove his innocence.
Preventive suspension is merely a preliminary step in
DanGat: We’re upset – courts can overrule the an administrative investigation and is not in any way
discretion given to the Disciplining Authority as the final determination of the guilt of the official
regards sufficiency of evidence and the period of concerned.
preventive suspension
Garcia continues on: Suspension order against him
was issued in violation of Sec26(2) of Ombudsman
Conclusion reached without necessarily drawing a
Law – that before an inquiry may be converted into a
distinction between the preventive suspension
full-blown administrative investigation, official must be
imposed by Ombudsman Law and the Local
given 72hours to answer the charges against him.
Government Code.
It was converted without him being given the required
Garcia would claim: LGC should apply to case of an
number of hours to answer.
elective local official.
Held: Nope.
Note: Under LGC, preventive suspension may only
1. Even though it appears that he was not given
be imposed only for a maximum period of 60days.
the requisite 72hours to submit a written answer
Respondents’ argument: Administrative complaints
to complaint against him, this does not make
commenced under Ombudsman Law are distinct
invalid the preventive suspension order issued
from those initiated under LGC.
against him. Again, It may be issued even before
- The shorter period (60days) of suspension
the charges against the official concerned is
under LGC is intended to limit the period of
heard.
suspension that may be imposed by a mayor,
2. Moreover, respondents state that Garcia was
governor, or President, who may be motivated by
given 10days to submit his counter-affidavit to the
partisan political considerations
complaint filed by Tagaan. This is in keeping with
- The Ombudsman, who can impose a longer
Sec5(a) of Rules of Procedure of Office of the
period (6 months) is not likely to be similarly
Ombudsman.
motivated because it is a constitutional body.
Held: Distinction between LGC and Ombudsman
Granting that Ombudsman Office may investigate, for
Law is valid but not decisive of whether there has
purposes provided for by law, acts of Garcia
been grave abuse of discretion in a specific case of
committed prior to his present term of office; and that
preventive suspension.
it may preventively suspend him for a reasonable
1. Respondents may be correct in pointing out
period, Can that office hold him administratively liable
the reason for the shorter period imposable under
for said acts?
the LGC (as based on the deliberations of the
SC Note: It has repeatedly held in a number of cases
Senate on the Bill). Political color could taint the
that a reelected local official may not be held
exercise of the power to suspend local officials by
administratively accountable for misconduct
the mayor, governor or President’s office. In
committed during his prior term of office.
contrast, the Ombudsman, considering the
Rationale: When the electorate put him back into
constitutional origin of his Office, always ought to
office, it is presumed that it did so with full knowledge
be insulated from the vagaries of politics, as
of his life and character, including his past
respondents would have the SC believe.
misconduct. If, armed with such knowledge, it still
reelects him, then such reelection is considered a Deputy Ombudsman required COA Director to
condonation of his past misdeeds. conduct a special audit, and requested the City
Respondents argue however: In CAB, contract Administrator to submit documents pertaining to the
entered into by Garcia with Zuellig was signed just asphalt supply of the city and a copy of the contract.
4days before date of elections it was not made an Special Prosecution Officer Tagaan, who conducted
issue during the election, and so the electorate could the inquiry, recommended that a criminal and an
not be said to have voted for Garcia with knowledge administrative complaint be filed against Garcia and
of this particular aspect of his life and character. several others. Tagaan filed an affidavit with the Graft
Garcia contends: “The only conclusive determining Investigation Office against Garcia and others for
factor” as regards the people’s thinking on the matter violation of Section 3(g) of RA 3019.
is an election. The Office of the City Auditor filed its report which
SC held: Garcia is correct. was prepared by State Auditors Cabreros and
That the people voted for an official with knowledge Quejada, Jr. to Miro, concluding that the transaction
of his character is presumed, precisely to eliminate is highly questionable in view of the fact that
the need to determine, in factual terms, the extent of payments were made even if the items were not yet
this knowledge. Such an undertaking is impossible. delivered. State Auditors Cabreros and Quejada
Rulings on the matter do not distinguish the precise thereafter submitted a joint affidavit and a
timing or period when the misconduct was supplemental joint affidavit wherein they disclosed
committed, reckoned from the date of the official’s other details such as the alleged ghost deliveries of
reelection, except that it must be prior to said date. asphalt.
Salalima case applies – that sound policy dictates it.
To rule otherwise would open the floodgates to Held:
exacerbating endless partisan contests between the The COA Special Audit Report and the supporting
reelected official and his political enemies, who may affidavits submitted by State Auditors constitute a
not stop to hound the former during his new term with valid complaint with the Office of the Ombudsman.
administrative cases for acts alleged to have been For purposes of initiating a preliminary investigation
committed during his previous term. before the Office of the Ombudsman, a complaint "in
In CAB, Garcia cannot anymore be held any form or manner" is sufficient (Sec. 12 Art XI of
administrative liable for an act done during his Const.). In Almonte v. Vasquez, SC held that even
previous term (his signing of contract with Zuellig). unverified and anonymous letters may suffice to start
an investigation.
Respondents continue to argue: Although signed In permitting the filing of complaints "in any form or
during Garcia’s prior term, it is to be made effective manner," the framers of the Constitution took into
during his present term. account the well-known reticence of the people which
SC held: NO. keep them from complaining against official
Agreement was perfected on date contract was wrongdoings.
signed, during prior term. At that moment, Garcia The Office of the Ombudsman is different from the
already acceded to the terms of the contract, other investigatory and prosecutory agencies of the
including stipulations now alleged to be prejudicial to government because those subject to its jurisdiction
the city government. are public officials who, through official pressure and
Thus, any culpability Garcia may have in signing the influence, can quash, delay or dismiss investigations
contract already became extant on the day the held against them.
contract was signed. It hardly matters that the
deliveries under the contract are supposed to have In CAB, the Deputy Ombudsman's Order requiring
been made months later. petitioner to submit his counter-affidavit was
accompanied by the COA Special Audit Report and
SUPER CONCLUSION: the joint affidavit and supplemental joint affidavit of
Garcia can no longer be held administratively liable State Auditors Cabreros and Quejada. Garcia did not
for signing contract with Zuellig. deny receiving the documents.
This should not prejudice the filing of any case other
than administrative against Garcia – this is not a total Withdrawal of SPO Tagaan was not fatal to the case.
exoneration of Garcia for whatever wrongdoing might Tagaan's report and affidavit still form part of the
have been committed in signing the subject contract. records of the case. He could still be called by
subpoena if necessary.
Tagaan was a nominal party, whose duty as special
Garcia vs. Miro (2003) prosecutor was to investigate the commission of
crimes and file the corresponding complaint
Facts: whenever warranted.
Continuation of Garcia vs. Mojica… The real complainant is the State
conducted by the Ombudsman under this Act,
unless there is a prima facie evidence that the
Hunting the Elusive G-Spot (Part3): subject matter of the investigation is outside the
jurisdiction of the Office of the Ombudsman.
Finding Your G-Spot No court shall hear any appeal or application for
The G-Spot is located along the upper/front wall of remedy against the decision or findings of the
the vagina, about two inches in, towards the Ombudsman, except the Supreme Court, on pure
question of law.
stomach. Try some manual exploration. Lie on your
back with your knees bent and rest your feet on the
Sec15. Powers, Functions and Duties. — The
bed in front of you. Insert your middle finger into
Office of the Ombudsman shall have the following
your vagina and gently stroke the front wall behind powers, functions and duties:
the pubic bone, about two inches up.You should feel (1) Investigate and prosecute on its own or on
a patch of skin that has a different texture from the complaint by any person, any act or omission of
rest of your vaginal walls, slightly rough or "ruffled." any public officer or employee, office or agency,
Using a "comehither" motion, press into the center of when such act or omission appears to be illegal,
this ruffled patch until you feel an area that is unjust, improper or inefficient. It has primary
sensitive to pressure. That's your G-Spot, also known jurisdiction over cases cognizable by the
as your urethral sponge. It's on the other side of your Sandiganbayan and, in the exercise of this primary
vaginal wall, which is why you'll probably respond jurisdiction, it may take over, at any stage, from any
more to pressure than light stroking. Thearea is about investigatory agency of Government, the
the size of a pea, but can enlarge to the size of a investigation of such cases;
walnut when stimulated. You should also know that (2) Direct, upon complaint or at its own instance,
many women feel like they need to urinate when this any officer or employee of the Government, or of
area is stimulated. This is due to the fact that, as it any subdivision, agency or instrumentality thereof,
enlarges,it presses on the same nerves that signal a as well as any government-owned or controlled
full bladder. Most women find, however,that as corporations with original charter, to perform and
stimulation is continued, this feeling goes away and expedite any act or duty required by law, or to stop,
is replaced by pleasurable sensations. prevent, and correct any abuse or impropriety in
the performance of duties;
(continued…)
(3) Direct the officer concerned to take
appropriate action against a public officer or
employee at fault or who neglect to perform an act
The Ombudsman or discharge a duty required by law, and
recommend his removal, suspension, demotion,
RA 6770 (1989) – Ombudsman Act of 1989 fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary
Sec2. Declaration of Policy. — The State shall authority as provided in Section 21 of this Act:
maintain honesty and integrity in the public service Provided, That the refusal by any officer without
and take positive and effective measures against just cause to comply with an order of the
graft and corruption. Ombudsman to remove, suspend, demote, fine,
Public office is a public trust. Public officers and censure, or prosecute an officer or employee who
employees must at all times be accountable to the is at fault or who neglects to perform an act or
people, serve them with utmost responsibility, discharge a duty required by law shall be a ground
integrity, loyalty, efficiency, act with patriotism and for disciplinary action against said officer;
justice and lead modest lives. (4) Direct the officer concerned, in any
appropriate case, and subject to such limitations as
Sec13. Mandate. — The Ombudsman and his it may provide in its rules of procedure, to furnish it
Deputies, as protectors of the people, shall act with copies of documents relating to contracts or
promptly on complaints filed in any form or manner transactions entered into by his office involving the
against officers or employees of the Government, disbursement or use of public funds or properties,
or of any subdivision, agency or instrumentality and report any irregularity to the Commission on
thereof, including government-owned or controlled Audit for appropriate action;
corporations, and enforce their administrative, civil (5) Request any government agency for
and criminal liability in every case where the assistance and information necessary in the
evidence warrants in order to promote efficient discharge of its responsibilities, and to examine, if
service by the Government to the people. casia necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation
Sec14. Restrictions. — No writ of injunction shall be of the matters mentioned in paragraphs (1), (2), (3)
issued by any court to delay an investigation being and (4) hereof, when circumstances so warrant and
with due prudence: Provided, That the any person whose testimony or whose possession
Ombudsman under its rules and regulations may and production of documents or other evidence
determine what cases may not be made public: may be necessary to determine the truth in any
Provided, further, That any publicity issued by the hearing, inquiry or proceeding being conducted by
Ombudsman shall be balanced, fair and true; the Ombudsman or under its authority, in the
(7) Determine the causes of inefficiency, red performance or in the furtherance of its
tape, mismanagement, fraud, and corruption in the constitutional functions and statutory objectives.
Government, and make recommendations for their The immunity granted under this and the
elimination and the observance of high standards immediately preceding paragraph shall not exempt
of ethics and efficiency; the witness from criminal prosecution for perjury or
(8) Administer oaths, issue subpoena and false testimony nor shall he be exempt from
subpoena duces tecum, and take testimony in any demotion or removal from office.
investigation or inquiry, including the power to Any refusal to appear or testify pursuant to the
examine and have access to bank accounts and foregoing provisions shall be subject to punishment
records; for contempt and removal of the immunity from
(9) Punish for contempt in accordance with the criminal prosecution.
Rules of Court and under the same procedure and
with the same penalties provided therein; Sec18. Rules of Procedure. —
(10) Delegate to the Deputies, or its investigators (1) The Office of the Ombudsman shall
or representatives such authority or duty as shall promulgate its rules of procedure for the effective
ensure the effective exercise or performance of the exercise or performance of its powers, functions,
powers, functions, and duties herein or hereinafter and duties.
provided; (2) The rules of procedure shall include a
(11) Investigate and initiate the proper action for provision whereby the Rules of Court are made
the recovery of ill-gotten and/or unexplained wealth suppletory.
amassed after February 25, 1986 and the (3) The rules shall take effect after fifteen (15)
prosecution of the parties involved therein. days following the completion of their publication in
The Ombudsman shall give priority to complaints the Official Gazette or in three (3) newspapers of
filed against high ranking government officials general circulation in the Philippines, one of which
and/or those occupying supervisory positions, is printed in the national language.
complaints involving grave offenses as well as
complaints involving large sums of money and/or Sec19. Administrative Complaints. — The
properties. Ombudsman shall act on all complaints relating,
but not limited to acts or omissions which:
Sec16. Applicability. — The provisions of this Act (1) Are contrary to law or regulation;
shall apply to all kinds of malfeasance, (2) Are unreasonable, unfair, oppressive or
misfeasance, and non-feasance that have been discriminatory;
committed by any officer or employee as (3) Are inconsistent with the general course of
mentioned in Section 13 hereof, during his tenure an agency's functions, though in accordance with
of office. law;
(4) Proceed from a mistake of law or an arbitrary
Sec17. Immunities. — In all hearings, inquiries, and ascertainment of facts;
proceedings of the Ombudsman, including (5) Are in the exercise of discretionary powers
preliminary investigations of offenses, nor person but for an improper purpose; or
subpoenaed to testify as a witness shall be (6) Are otherwise irregular, immoral or devoid of
excused from attending and testifying or from justification.
producing books, papers, correspondence,
memoranda and/or other records on the ground Sec20. Exceptions. — The Office of the
that the testimony or evidence, documentary or Ombudsman may not conduct the necessary
otherwise, required of him, may tend to incriminate investigation of any administrative act or omission
him or subject him to prosecution: Provided, That complained of if it believes that:
no person shall be prosecuted criminally for or on (1) The complainant has an adequate remedy in
account of any matter concerning which he is another judicial or quasi-judicial body;
compelled, after having claimed the privilege (2) The complaint pertains to a matter outside
against self-incrimination, to testify and produce the jurisdiction of the Office of the Ombudsman;
evidence, documentary or otherwise. (3) The complaint is trivial, frivolous, vexatious or
Under such terms and conditions as it may made in bad faith;
determine, taking into account the pertinent (4) The complainant has no sufficient personal
provisions of the Rules of Court, the Ombudsman interest in the subject matter of the grievance; or
may grant immunity from criminal prosecution to
(5) The complaint was filed after one (1) year suspend any officer or employee under his
from the occurrence of the act or omission authority pending an investigation, if in his
complained of. judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves
Sec21. Official Subject to Disciplinary Authority; dishonesty, oppression or grave misconduct or
Exceptions. — The Office of the Ombudsman shall neglect in the performance of duty; (b) the charges
have disciplinary authority over all elective and would warrant removal from the service; or (c) the
appointive officials of the Government and its respondent's continued stay in office may prejudice
subdivisions, instrumentalities and agencies, the case filed against him.
including Members of the Cabinet, local The preventive suspension shall continue until the
government, government-owned or controlled case is terminated by the Office of the Ombudsman
corporations and their subsidiaries, except over but not more than six (6) months, without pay,
officials who may be removed only by except when the delay in the disposition of the case
impeachment or over Members of Congress, and by the Office of the Ombudsman is due to the fault,
the Judiciary. negligence or petition of the respondent, in which
case the period of such delay shall not be counted
Sec22. Investigatory Power. — The Office of the in computing the period of suspension herein
Ombudsman shall have the power to investigate provided.
any serious misconduct in office allegedly
committed by officials removable by impeachment, Sec25. Penalties. —
for the purpose of filing a verified complaint for (1) In administrative proceedings under
impeachment, if warranted. Presidential Decree No. 807, the penalties and
In all cases of conspiracy between an officer or rules provided therein shall be applied.
employee of the government and a private person, (2) In other administrative proceedings, the
the Ombudsman and his Deputies shall have penalty ranging from suspension without pay for
jurisdiction to include such private person in the one (1) year to dismissal with forfeiture of benefits
investigation and proceed against such private or a fine ranging from Five thousand pesos
person as the evidence may warrant. The officer or (P5,000.00) to twice the amount malversed,
employee and the private person shall be tried illegally taken or lost, or both at the discretion of the
jointly and shall be subject to the same penalties Ombudsman, taking into consideration
and liabilities. circumstances that mitigate or aggravate the
liability of the officer or employee found guilty of the
Sec23. Formal Investigation. — complaint or charges.
(1) Administrative investigations conducted by
the Office of the Ombudsman shall be in Sec26. Inquiries. —
accordance with its rules of procedure and (1) The Office of the Ombudsman shall inquire
consistent with due process. into acts or omissions of a public officer, employee,
(2) At its option, the Office of the Ombudsman office or agency which, from the reports or
may refer certain complaints to the proper complaints it has received, the Ombudsman or his
disciplinary authority for the institution of Deputies consider to be:
appropriate administrative proceedings against (a) contrary to law or regulation;
erring public officers or employees, which shall be (b) unreasonable, unfair, oppressive, irregular or
determined within the period prescribed in the civil inconsistent with the general course of the
service law. Any delay without just cause in acting operations and functions of a public officer,
on any referral made by the Office of the employee, office or agency;
Ombudsman shall be a ground for administrative (c) an error in the application or interpretation of
action against the officers or employees to whom law, rules or regulations, or a gross or
such referrals are addressed and shall constitute a palpable error in the appreciation of facts;
graft offense punishable by a fine of not exceeding (d) based on improper motives or corrupt
Five thousand pesos (P5,000.00). considerations;
(3) In any investigation under this Act the (e) unclear or inadequately explained when
Ombudsman may: (a) enter and inspect the reasons should have been revealed; or
premises of any office, agency, commission or (f) inefficient performed or otherwise
tribunal; (b) examine and have access to any book, objectionable.
record, file, document or paper; and (c) hold private (2) The Officer of the Ombudsman shall receive
hearings with both the complaining individual and complaints from any source in whatever form
the official concerned. concerning an official act or omission. It shall act on
the complaint immediately and if it finds the same
Sec24. Preventives Suspension. — The entirely baseless, it shall dismiss the same and
Ombudsman or his Deputy may preventively inform the complainant of such dismissal citing the
reasons therefor. If it finds a reasonable ground to The above rules may be amended or modified by
investigate further, it shall first furnish the the Office of the Ombudsman as the interest of
respondent public officer or employee with a justice may require.
summary of the complaint and require him to
submit a written answer within seventy-two (72) Sec28. Investigation in Municipalities, Cities and
hours from receipt thereof. If the answer is found Provinces. — The Office of the Ombudsman may
satisfactory, it shall dismiss the case. establish offices in municipalities, cities and
(3) When the complaint consists in delay or provinces outside Metropolitan Manila, under the
refusal to perform a duty required by law, or when immediate supervision of the Deputies for Luzon,
urgent action is necessary to protect or preserve Visayas and Mindanao, where necessary as
the rights of the complainant, the Office of the determined by the Ombudsman. The investigation
Ombudsman shall take steps or measures and of complaints may be assigned to the regional or
issue such orders directing the officer, employee, sectoral deputy concerned or to a special
office or agency concerned to: investigator who shall proceed in accordance with
(a) expedite the performance of duty; the rules or special instructions or directives of the
(b) cease or desist from the performance of a Office of the Ombudsman. Pending investigation
prejudicial act; the deputy or investigator may issue orders and
(c) correct the omission; provisional remedies which are immediately
(d) explain fully the administrative act in executory subject to review by the Ombudsman.
question; or Within three (3) days after concluding the
(e) take any other steps as may be necessary investigation, the deputy or investigator shall
under the circumstances to protect and transmit, together with the entire records of the
preserve the rights of the complainant. case, his report and conclusions to the Office of the
(4) Any delay or refusal to comply with the Ombudsman. Within five (5) days after receipt of
referral or directive of the Ombudsman or any of his said report, the Ombudsman shall render the
Deputies, shall constitute a ground for appropriate order, directive or decision.
administrative disciplinary action against the officer
or employee to whom it was addressed. Sec29. Change of Unjust Laws. — If the
Ombudsman believes that a law or regulation is
Sec27. Effectivity and Finality of Decisions. — (1) unfair or unjust, he shall recommend to the
All provisionary orders of the Office of the President and to Congress the necessary changes
Ombudsman are immediately effective and therein or the repeal thereof.
executory.
A motion for reconsideration of any order, directive Sec30. Transmittal/Publication of Decision. — In
or decision of the Office of the Ombudsman must every case where the Ombudsman has reached a
be filed within five (5) days after receipt of written decision, conclusion or recommendation adverse to
notice and shall be entertained only on any of the a public official or agency, he shall transmit his
following grounds: decision, conclusion, recommendation or
(1) New evidence has been discovered which suggestion to the head of the department, agency
materially affects the order, directive or decision; or instrumentality, or of the province, city or
(2) Errors of law or irregularities have been municipality concerned for such immediate action
committed prejudicial to the interest of the movant. as may be necessary. When transmitting his
The motion for reconsideration shall be resolved adverse decision, conclusion or recommendation,
within three (3) days from filing: Provided, That only he shall, unless excused by the agency or official
one motion for reconsideration shall be entertained. affected, include the substance of any statement
Findings of fact by the Officer of the Ombudsman the public agency or official may have made to him
when supported by substantial evidence are by way of explaining past difficulties with or present
conclusive. Any order, directive or decision rejection of the Ombudsman's proposals.
imposing the penalty of public censure or
reprimand, suspension of not more than one (1)
month's salary shall be final and unappealable. Hagad vs. Gozo-Dadole (1993)
In all administrative disciplinary cases, orders,
directives, or decisions of the Office of the Facts:
Ombudsman may be appealed to the Supreme Criminal and administrative complaints were filed
Court by filing a petition for certiorari within ten (10) against respondents (mayor, v-mayor and SP
days from receipt of the written notice of the order, member) with the Deputy Ombudsman after causing
directive or decision or denial of the motion for the alteration of Ordinance No. 018/92 by increasing
reconsideration in accordance with Rule 45 of the the allocated appropriation therein.
Rules of Court.
Respondents prayed for dismissal of the complaint. investigation after charges are heard. Naturally such
Ombudsman has no jurisdiction over the admin case would occur prior to any finding of guilt.
filed against them since Sec 63 LGC vests the power
to investigate and impose admin. Sanctions against DanGat: Can one file administrative cases against
local officials with the OP. Denied. elective officials with different disciplining authorities
simultaneously?
Held: This is possible. Cases do not categorically say that
1. Ombudsman has jurisdiction over the case. filing with one excludes the filing with others.
There is nothing in the LGC to indicate that it has
repealed, whether expressly or impliedly, the
pertinent provisions of the Ombudsman Act. The 2
statutes on the specific matter in question are not so Garcia vs. Mojica (1999)
inconsistent as to compel the court to uphold 1 and
strike down the other. Hagad vs. Gozo-Dadole has said that nothing in LGC
Implied repeals are not favored and it is fundamental indicate that it has repealed (express or implied) the
that the legislature should be presumed to have pertinent provisions of Ombudsman Act – not being
known the existing laws on the subject and not to inconsistent.
have enacted conflicting statutes. Although it has been argued that 6month period
Moreover, Sections61 and 63 of the present LGC run under Ombudsman Law is much too repugnant to
almost parallel with the provisions then existing under 60day period under LGC, Vitug said that the two
the old code. The passage of 1991 LGC cannot be govern differently.
deemed to have effected a change from what already
prevailed, the modification being only in the It is contended that the Hagad case did not settle the
substitution of the Sec. of the LG with the OP. question of whether a local elective official may be
preventively suspended even before the issues could
2. The 6-month preventive suspension without be joined. And he was not given a chance to refute
pay under the Ombudsman Act is not repugnant first the charges against him. Note: Under the LGC,
to the 60-day preventive suspension in the LGC. preventive suspension may only be imposed after
The 2 provisions govern differently. issues are joined.
HOWEVER, It has been held in other cases that
Preventive suspension Preventive suspension there could be preventive suspension even before
under Ombudsman Act under LGC the charges against the official are heard, or before
TO JUSTIFY … the official is given an opportunity to prove his
Evidence of guilt must It is enough that: innocence.
be strong and 1. there is Preventive suspension is merely a preliminary step in
1. the charge ag. reasonable ground to an administrative investigation and is not in any way
the officer or believe that the the final determination of the guilt of the official
employee should respondent has concerned.
involve dishonesty, committed the act or
oppression, grave acts complained of;
misconduct or 2. evidence of Constantino vs. Desierto (1998)
neglect in the culpability is strong
performance of 3. gravity of the Facts:
duty; offense so warrants; Deputy Ombudsman Gervacio placed Mayor
2. the charges or Constantino under preventive suspension, being
should warrant 4. the accused of violation of the Anti-Graft and Corrupt
removal from continuance in office Practices Act because the terms of the lease
service; or of the respondent agreement and undertaking between the mayor for
3. the continued could influence the the municipality and the company were contrary to
stay in office of witnesses or pose a Resolution passed by the Sangguniang Bayan.
respondent would threat to the safety Motions and notice by Mayor were denied.
prejudice the case and integrity of the Information was filed against the mayor before
filed against him. records and other Sandiganbayan. Graft Investigation Officer Buena
evidence handed down a resolution finding the mayor guilty
and ordered his dismissal from service.
Facts:
Llorente, Jr. vs. Sandiganbayan (2000) Complaint-affidavits were filed with PNP against
Mayor Esquivel et al. After initial investigation, PNP-
Facts: CIDG forwarded the records to the Office of the
Two informations were filed before the Deputy Ombudsman.
Sandiganbayan, charging Municipal Mayor Llorento Deputy Ombudsman conducted preliminary
for violating §§3 (e)(f) of RA3019. investigation and later issued a resolution
Then Congress enacted RA7975: recommending that both Mayor Esquival and his
"Sec. 4. Jurisdiction. - The Sandiganbayan shall brother Barangay Captain Esquivel be indicted for the
exercise original jurisdiction on all cases involving: crime of less serious physical injuries and Mayor
"a. Violations of Republic Act No. 3019, as Esquivel alone for grave threats.
amended, otherwise known as the Anti-Graft and Separate informations were filed with
Corrupt Practices Act xxx where one or more of the Sandiganbayan.
principal accused are officials occupying the
following positions in the government, whether in a Held:
permanent, acting or interim capacity, at the time of 1. No grave abuse of discretion on the part of
the commission of the offense: the Ombudsman in direting the filing of the
"(1) Officials of the executive branch occupying informations against petitioners.
the positions of regional director and higher, The Ombudsman is empowered to determine
otherwise classified as grade 27 and higher, of the whether there exists reasonable ground to believe
Compensation and Position Classification Act of that a crime has been committed and that the
1989 (Republic Act No. 6758) xxx accused is probably guilty thereof and, thereafter, file
"In cases where none of the principal accused are the corresponding information with the appropriate
occupying positions corresponding to salary grade courts.
"27" or higher, as prescribed in the said Republic The court has maintained a consistent policy of non-
Act No. 6758 xxx exclusive jurisdiction thereof shall interference in the determination of the Ombudsman
be vested in the proper Regional Trial Court, regarding the existence of probable cause, EXCEPT
Metropolitan Trial Court, Municipal Trial Court, and when there is grave abuse of discretion in such
Municipal Circuit Trial Court, as the case may be, exercise by the Ombudsman.
pursuant to their respective jurisdictions as This rule is based not only upon respect for the
provided in Batas Pambansa Blg. 129.” investigatory and prosecutory powers granted to the
Llorente moved to dismiss or transfer the cases to Ombudsman by the Constitution; it is also grounded
RTC on the ground that RA7975 divested the on practicality. Otherwise, innumerable petitions
Sandiganbayan of its jurisdiction over criminal cases seeking dismissal of investigatory proceedings
conducted by the Ombudsman will hamper the However, it is well settled that preventive
functions of said office and the courts. suspension should not extend beyond 60 days.
2. Sandiganbayan has jurisdiction over the DanGat Notes :Sec63 of LGC provides that
criminal cases against the Mayor and the preventive suspension can be for 90days if several
Barangay Captain. administrative cases are filed against an elective
Jurisprudence has already settled this question. official but only within a single year on the same
Municipal mayors fall under the exclusive jurisdiction ground or grounds existing and known at the time of
of the Sandiganbayan. the first suspension.
Neither can Barangay Captain Esquivel claim that
since he is not a municipal mayor, he is not
within the jurisdiction of the Snadiganbayan. It is
Segovia vs. Sandiganbayan (1999)
only in cases when "NONE of the accused are
occupying positions corresponding to salary grade
27 or higher " that exclusive jurisdiction will be Facts:
vested in the proper court. Petitioners Segovia et al were criminally charged in
Sandiganbayan with infringement of Sec3(e) of
RA3019 for “causing undue injury to any party
including the Gov’t, or giving any party any
Rios vs. Sandiganbayan, 2nd Div. (1997)
umwarranted benefits, advantage or preference in
the discharge of his official, administrative, or judicial
Facts: functions through manifest partiality, evident bad faith
An information was filed with the Sandiganbayan or gross or negligence.”
against Mayor Rios for alleged unauthorized The People filed a motion to suspend the petitioners
disposition of confiscated lumber, in violation of the Sandiganbayan issued a resolution ordering the
Anti-Graft and Corrupt Practices Act. suspension of petitioners under Sec 13 13 RA 3019 for
Sandiganbayan granted Office of the Special 90 days.
Prosecutor’s motion to suspend Mayor Rios (for
90days). Held: It is mandatory to place public officers who
stand accused before the court to be placed under
Held: preventive suspension pursuant to Sec13 of RA3019.
1. Sandiganbayan did not commit Grave Abuse It has been consistently held that it is mandatory for
of Discretion when it ruled that the facts charged the court to place under preventive suspension a
in the information constituted a violation of public officer accused before it. Imposition of
RA3019 (Anti-Graft Law) suspension, however, is not automatic or self-
The SC in a resolution (in the case Rios v operative.
Sandiganbayan and the People of the Philippines) Pre-condition: existence of valid information
already passed upon this issue when it held that determined at a pre-suspension hearing
the act of disposing confiscated lumber without Purpose of pre-suspension hearing: to determine the
prior authority from the DENR and the validity of the information and furnish the court w/
Sandiganbayan constituted a violation of RA basis to either suspend accused and proceed with
3019. Hence, there was probable cause trial on merits or refuse suspension and dismiss
Any act or omission not in consonance with the case.
prescribed norms of conduct inflicts injury to the Once a proper determination of validity of the
Government for it is a disturbance of law and information has been made, it becomes the
order. ministerial duty of the court to issue the order of
The assertion that there was no undue injury is based preventive suspension not exceeding 90 days in
on the wrong assumption that the lumber belonged to consonance w/ Civil Service Decree/Admin Code.
the municipality. The lumber belongs to the National
Government. DOCTRINE: Under Sec 13, RA 3019, the suspension
of a public officer is mandatory after a determination
2. Also, No Grave Abuse of Discretion when has been made of the validity of the information in a
Sandiganbayan provided for the suspension of pre-suspension hearing conducted for that purpose.
Mayor Rios, but only for 60days and not 90days. The Court’s discretion lies only during the pre-
As the information filed against Rios is valid, there suspension hearing where it is required to ascertain
can be no impediment to the application of
Section 13 of R.A. No. 3019 which makes it 13
SEC. 13. Suspension and Loss of Benefits. – Any incumbent public officer
mandatory for the Sandiganbayan to suspend any against whom any criminal prosecution under a valid information under this
Act or under Title 7, Book II of the Revised Penal Code or for any offense
public officer who has been validly charged with involving fraud upon government or public funds or property whether as a
graft and corrupt practices. simple or as a complex offense in whatever stage of execution and mode of
participation , is pending in court shall be suspended from office.
1. WON the accused has been accorded due relating to the organization and
preliminary investigation prior to filing of information operation of the local units.
2. WON the acts for which he’s charged constitute a Inasmuch as the power and authority of the
violation of RA 3019 or title 7, Book II of RPC legislature to enact a local government code, which
3. WON the information against him can be quashed provides for the manner of removal of local
under any of the grounds in Sec 2 Rule 117 ROC government officials, is found in the 1973 and 1987
Constitutions, then it cannot be said that BP337 was
When the statute is clear and explicit, there is hardly repealed by the effectivity of the present Consitution.
any room for court ratiocination of the law. RA 3019
unequivocally mandates the suspension of a public Moreover, the Court had stated in the case Bagabuyo
official from office pending a criminal prosecution vs. Davide that BP337 remained in force despite the
against him. Such preventive suspension is effectivity of the present Constitution, until such time
mandatory, and there are no ‘ifs’ and ‘butts’ about it. as the proposed 1991 LGC is approved. The power
of DLG Sec to remove local elective government
Removal officials is found in Sec60 and 61 of BP337.
SOLUTION: Since the ineligibility of an elective As to Abandonment of Office - There was a voluntary
official for appointment remains all throughout his abandonment of office by Antonio.
tenure or during his incumbency, Gordon may resign Definition of Abandonment: voluntary relinquishment
first from his elective post to cast off the of an office by the holder, with the intention of
constitutionally-attached disqualification. terminating his possession and control thereof.
Essential elements of Abandonment:
CONCLUSION: a. intent to abandon
- Gordon’s appointment pursuant to an b. an overt act by which the intention is to be carried
unconstitutional legislative act is null & void. into effect
- He however remains Mayor of Olongapo City. In CAB: both elements are present:
- His acts as SBMA Chair/CEO are not a. intent to abandon: failure to perform functions as
necessarily null and void. He may be considered Sangguniang Bayan member; failure to collect
a de facto officer, whose acts will hold valid in so remuneration of a Sangguniang Bayan member;
far as they involve the interests of the public and failure to object to the appointment of Aquino as
3rd persons. replacement; failure to initiate any act to
- Also, all emoluments received by Gordon reassume his old post
pursuant to his appointment may be retained by b. overt acts: letter of resignation; assumption of
him. office as Sangguniang Panlalawigan member;
receipt of remuneration for said post; faithful
discharge of duties of said post
Sangguniang Bayan of San Andres, Catanduanes
vs. CA (1998) SC notes of the term "designated" when one is
called to discharge duties IN ADDITION to his regular
Facts: responsibilities (ex: SC Justice designated as
Antonio was elected as Baranggay Captain in 1989, member of the House of Representatives Electoral
and later elected as president of the Association of Tribunal).
Barangay Councils (ABC). Result: pursuant to 1983 In CAB, Antonio was not also designated to
LGC, he was appointed by the President as member simultaneously discharge functions of both positions.
of the Sangguniang Bayan
Mathay vs. Civil Service Commission (1999) appointments to the private respondents from June 5,
1991-June 30, 1992.
Facts: Subsequent Mayor Mathay did not renew the
QC Mayor appointed Tabernilla as Electrical Engineer appointments after their expiry.
V of the City Government, pursuant to qualifications Private respondents appealed to CSC which issued
provided in city ordinance. The appointment was resolutions holding that the reappointment of private
approved by the CSC Regional Field Officer. respondent to the DPOS was automatic pursuant to
The appointment was disputed with the CSC, the Ordinance NC-140 and ordering their
claiming thatit was issued in violation of CSC reinstatements.
Memorandum Circular No 42 which lays down the
qualifications of an Engineer V (no degree in Held:
Engineering). 1. CSC has no authority to
CSC revoked the appointment direct Mayor Mathay to reinstate respondents in
DPOS.
Held: CSC has jurisdiction to reverse the BP337 applies and not the LGC of 1991.
appointment of the City Mayor. Sec3 of Ordinance NC-140 is invalid for being
The CSC has the power to take action on all inconsistent with BP337. The ordinance refers to
appointments and other personnel actions and that personnel and not to positions. In effect, the
such power includes the authority to recall an Sanggunian or City council is dictating who shall
appointment initially approved in disregard of occupy the DPOS positions.
applicable provisions of Civil Service laws and BP 337 provides that the power to appoint rests
regulations (Debulgado vs. CSC) exclusively with the local chief executive and thus
Administrative Code of 1997: CSC has the power to: cannot be usurped by the city council or sanggunian
a. hear and decide administrative cases including through the simple expedient of enacting ordinances
contested appointments and that provide for the absorption of specific persons to
b. review the decisions and actions of its agencies certain provisions.
The case before the CSC was not a disciplinary BP 337 expressly enumerated the separately and
case. (citing Debulgado case again). The CSC, in clearly delineated the powers of the mayor and the
approving or disapproving appointments, city council. The power to appoint is vested in the
a. only examines the conformity of the appointment local chief executive. On the other hand, the power of
with applicable provisions of law and the city council is limited to creating, consolidating
b. WON the appointee possess the minimum and reorganizing city officers and positions supported
qualifications and none of the disqualifications. by local funds.
Had congress intended to grant the power to appoint
According to Omnibus Rules Implementing BookV of to both the city council and the local chief executive,
E.O. No. 292 as well as Uniform Rules of Procedure it would have said so.
in the Conduct of Administrative Investigations:
Tabernilla will be reverted to his former position. 2. CSC has no authority to
direct that an appointment of a specific individual
be made. It only attest to W/N person chosen to
Mathay vs. CA (1999) fill the position is eligible or not.
By ordering the Mayor to reinstate private
respondents, it substituted its own judgment.
Facts:
CSC does not have the authority to direct that an
Former QC Mayor Brigido Simon appointed private
appointment of a specific individual be made. Once
respondents to positions in Civil Service Units (CSU)
the CSC attests WON the person chosen to fill the
of QC pursuant to PD51.
position is eligible or not, its role in the appointment
However, DOJ rendered Opinion No. 33 stating that
process necessarily ends.
PD51 was never in force or effect because of non-
IN CAB, Ordinance refers to CSU, the identities of
publication in OG and thus cannot be the basis of
which cannot be mistaken. CSC resolution calls for
CSU appointments. Hence, CSC issued MC No.30
reinstatement of the named individuals. Thus, there
directing the revocation of all appointments made
being no issue as to who are to sit in the newly
under PD51 w/in one year from the issuance of the
created DPOS, there is therefore no room left for the
MC.
exercise of discretion.
Ordinance NC-140 was enacted which established
CSC in effect technically issued new appointments
the Department of Public Order and Safety (DPOS).
which usurped the appointing power of the local chief
Sec3 provided for the absorption of CSU personnel
executive.
into the DPOS. Mayor Simon offered contractual
Every action must be prosecuted/ defended in the except for cause and with previous notice and
name of the real party in interest. hearing.
IN CAB, the person adversely affected is not CSC It is well settled that the person assuming a position
but the private respondent Labajo who did not opt to in the civil service under a completed appointed
appeal. The CSC had dangerously departed from its acquires a legal and not just an equitable right.
role as adjudicator and became an advocate.
Jurisprudence has held that CSC has the right to WHO IS AUTHORIZED TO RECALL AN
bring an appeal only as the aggrieved party affected APPOINTMENT INITIALLY REVOKED?
by a ruling which may seriously prejudice the civil It is the CSC that is authorized to recall an
service system. appointment initially approved but only when
appointment and approval are proven to be in
disregard of applicable provisions of the CSC laws
De Rama vs. CA (2001) and regulations
BASIS: Rule V Sec 9 of the Omnibus Implementing
Facts: Regulations of the Revised Administrative Code
After losing in reelection, former Mayor Evelyn Abeja specifically provides that an appointment accepted by
made 14 appointment w/in 27 days, the last one just the appointee cannot be withdrawn or revoked by the
3 days before she bowed out of the service. appointing authority and shall remain in force and
Upon assumption of the new mayor of Pagbilao effect until disapproved by the Commission.
Quezon, Conrado de Rama, he wrote to CSC
seeking the recall of the 14 appointees on the ground Grounds for Recall (Under Sec 20 Rule VI)
that these are midnight appointments prohibited by a. Non-compliance w/procedure or criteria
Art VII Sec 1519 of 1987 Constitution. provided in the agency’s Merit promotion Plan
b. Failure to pass through the agency’s
Held: selection/promotion board
1. Making appointments during the last days of c. Violation of the existing collective agreement
tenure by a local elective official is not prohibited. between management and employees relative to
Art VII Sec 15 of 1987 Constitution or the so-called promotion or
constitutional prohibition on midnight appointment d. Violation of other existing civil service law
applies only to the President or Acting president. rules and regulation.
There is no law prohibiting local elective officials from
making midnight appointments. DISSENT: Mendoza
Art VII Sec 15 of 1987 Consti. is simply an application
2. The appointments were made not in violation of the a broader principle that after the appointing
of the rules in the issuance of appointments authority has lost the elections, his is the duty of a
Records reveal that: prudent caretaker of the office and therefore he
- the 14 employees were duly appointed should not fill positions in the gov’t unless required by
following 2 meetings of the Personnel Election the imperatives of public service.
Board. This rule binds all including mayors who are who are
- No showing that 14 employees were not vested with power of appointment, and it flows from
qualified for the positions they were appointed to the principle that a public office is a public trust.
- Their appointment was duly attested to by From Aytona case: Midnight appointments are bad
the Head of CSC field office in Lucena City because they offend principles of fairness justice and
righteousness. They cannot now be less bad
3. The mayor cannot unilaterally revoke such because they were made at the local level, by
appointments made. mayors and other local executives.
The appointees had already assumed their positions The appointments must be few and so spaced as to
even before the new mayor assumed office. afford some assurance of deliberate action and
Consequently, their appointments took effect careful consideration of the need for the appointment
immediately and cannot be unilaterally revoked or and the appointee’s qualification.
recalled by the new mayor.
Upon the issuance of an appointment and the
appointee’s assumption of the position in civil service, Lameyra vs. Pangilinan (2000)
he acquires a right which cannot be taken away
either by revocation of the appointment or by removal Facts:
19
Lameyra was appointed as janitor/messenger in the
Sec. 15. Two months immediately before the next presidential elections and up
Municipal Hall of Famy, Laguna on Feb2, 1988 under
to the end of his term, a president or acting president shall not make
appointments, except temporary appointments to executive positions when temporary status. His appointment was made
continued vacancies therein will prejudice public service or endanger public permanent on Jan1, 1989 by then Mayor Acomular
safety.
(who was defeated by Mayor Pangilinan in the last Galzote, employed as clerk in the Dept. of Eng and
election). Public Works of Makati City, was arrested without
Lameyra received a letter from Mayor Pangilinan warrant and detained allegedly for kidnapping for
informing him that he is dropped from the roll of ransom with physical injuries, then subjected to
employees pursuant to Memo Circular No.12, Series inquest proceedings, then a criminal case was
of 1994 of the CSC due to (1) Insubordination, and eventually docketed with RTC Pasig. Incarcerated in
(2) AWOL. the Rizal Provincial Jail, she could not report for work
CSC dismissed Lameyra’s appeal – that there is – so she was suspended from office by City
sufficient ground to support action of the municipality Government starting Sept9, 1991 until the final
in dropping him from service disposition of her case. She was eventually dropped
from the rolls of employees.
Held: CSC and CA erred. Under the circumstances 3years later, she was acquitted of the crime charged
of the case, Lameyra should be given a full for failure of the prosecution to prove any act
opportunity to prove his contention that he was establishing her complicity in the crime. She was
illegally terminated which was not fully done in CAB. released.
CSC Resolution 960153 – ordered reinstatement with
I. Accordingly, the first opportunity that Lameyra had backwages from Oct19, 1994 until actual resumption
to contest the sufficiency of the evidence to support of duty.
his dismissal was when he filed his motion for recon
from the CSC Resolution. Held:
The three sworn statements which were annexes to She cannot be faulted for failing to file an application
the motion directly controverted Vicencio’s for LOA under Sec52 and 63 of CSC Rules prior to
certification that he was AWOL cannot be her detention as application for leave and obtain
considered new evidence belatedly submitted (as approval thereof.
claimed by Mayor Pangilinan) because there was no Records clearly show that she had been advised
notice and hearing when he was dropped from the 3days after her arrest (Sept9, 1991), that Makati City
rolls. Gov. had placed her under suspension until the final
disposition of her criminal case.
II. One of the affiants is ViceMayor Fernandez The arrangement bound the City Government to
(whose acts as a public official are entitled to allow her to return to work after the termination of her
presumption of regularity in the performance of duty). case (if acquitted of charge)
It would be in compliance with due process She had no intention to go AWOL (leaving or
requirements to have given due consideration to his abandoning without justifiable reason and without
sworn statement in view of the prevailing notifying employer) from her post since she had a
circumstances in CAB, and also in consonance with valid reason for failing to report for work being
Mayor Pangilinan’s own theory that Lameyra was detained without bail
afforded his right to be heard when he filed his Had she been told that it was still necessary to file an
motion for recon in CSC. application for leave despite the assurance from the
City Government, she would have filed it
III. Findings of fact by administrative agency will be Also clear from the records is her ordeal in jail
respected by SC if supported by substantial beginning on Sept6, 1991 and ending after her
evidence. acquittal leaving her no time to attend to the
However, certification of personnel officer that formality of filing a leave application.
Lameyra did not report for work does not appear to
constitute substantial evidence in light of Lameyra’s Later memorandum dropping her from the rolls for
submission: absence cannot be valid being violative of due
(1) that personnel precisely prevented him from process.
signing logbook City Gov should have required her to file an
(2) he has been replaced by one Leynes application by informing her of such requirement
(3) he has been asked to submit his resignation the subsequent memo dropping her should have
which he refused to do. been sent to her at the jail where she had been
Lameyra should then be given a last full detained and where she could have received it
opportunity to prove his contention that the City Gov had actual and official knowledge of her
termination of his services was illegal. incarceration as obvious from admissions in the
petition obliged it to send notice to where she was
detained
Makati City Government vs. CSC (2002)
CSC holding that she was on automatic leave of
Facts: absence during the period of detention is
SUSTAINED.
CSC is the constitutionally mandated central beyond the control of employee which may force
personnel agency of Gov. him to be absent – it is in these cases that CSC
Admin Code of 1987 further empowers CSC to sought to interpret them as contemplating an
“prescribe rules and regulations for carrying into automatic LOA
effect provisions of Civil Service Law and other In CAB, she has sufficiently informed City Gov of
pertinent laws” and for matters converning LOAs, her predicament so no prior leave application needed
Admin Code specifically vests the CSC to ordain as - Being in an automatic LOA, exercise of
regards it. authority under Sec35 to drop employees from
- pursuant thereto – it promulgated Resolution rolls is tempered with
91-1631 devoting Rule XVI to LOAs which have CSC also has power to allow exemptions from prior
been further amended filing of leave applications – logically flows from task
- Sec20 (or 52) and 35 (or 63) require an of CSC to regulate civil service in country as ordained
approved leave of absence to avoid being an by COnsti and mandated by Admin Code.
AWOL CSC Rules even do not limit powers of CSC in this
o cannot be interpreted as exclusive regard to cases of illness only.
and referring only to 1mode of securing the Reasonableness as a standard, CSC can determine
approval of LOA which would require an in exercise of its constitutional mandate.
employee to apply for it (formalities) before CSC’s reasonable implementation of its own rules in
exceeding 30days in order to avoid being the specific and actual case of Galzote is advocated
dropped from the rolls by the court as was done in the case UP vs. CSC
o there is the CSC recognized rule of where UP was exempted from CSC rules because of
automatic leave of absence under specified academic freedom with the Consti as basis.
circumstances as CSC stated in its assailed
Resolution citing a similar case – Cenon She cannot be faulted for failure to assume her work.
Vargas, CSC Resolution 94-2795 and 95- Clearly, she reported for work as soon as she was
5559 free to do so, but was unfortunately turned back by
CSC was only interpreting its own rules on LOA City Gov.
and not a statutory provision in coming up with this In locking her out from her job, City Gov illegally
uniform rule deprived her of her opportunity to work and must be
CSC has the power to interpret its own rules and any held liable.
phrase contained in them with its interpretation
significantly becoming part of the rules themselves. DISSENTING: Panganiban
To be consistent with established principle stated, I. Galzote was AWOL
CSC ruling will not be rejected. Rejecting the ruling No Automatic Leave of Absence
on an automatic LOA solely for want of a provision 1. current Civil Service Law and Rules do not
expressly and specifically allowing it would contain any provision on automatic leave of
erroneously repudiate the difference between the absence – and not disputed.
agency’s own understanding of its rules and its 2. Sec35 in providing for absence without
interpretation of a statute. approved leave makes no distinction or
Rule of automatic LOA clearly falls within the qualification and gives no regard for the reason
constitutionally delegated power of CSC and is for the absence
reasonable under the circumstances to address - It simply states that an employee who fails to
absences from work which are not attributable to the report continuously for at least 30days
concerned gov’t employee. without an approved leave is considered
AWOL, and dropped form service.
If it were already written in CSC rules or an existing 3. Sec20 states that approval of LOA is
provision, no reason for CAB to ensue and be “contingent on needs of the service”
disputed. - clearly, approval for any reason other than
If such were already in place, CSC would have no illness cannot be presumed
basis for interpreting its rules since all it had to do - it is granted only after evaluation of the
was to implement them. “needs of the service”
What CSC interpreted in CAB were Sec20, 35 and - to secure such approval, necessary for one
other related provisions of CSC rules on requirement to file an application for it before exceeding
of an approved LOA. 30days of absence in order to avoid being
- In Sec20 – it is enough that the employer be dropped from the rolls
informed of the absent employee’s illness, which - No specific or clear-cut provision allowing an
information is effective substitute for a prior leave automatic leave of absence, such rule
application illness is not the only instance of forecloses possibility of such leave, even on
force majeure where there are other events the ground of incarceration – where the
person is not prevented from communicating the whereabouts of Galzote, when she herself did not
with outside world. bother to inform it of her situation (being one of
CAB: Galzote did not file an application for any type thousand employees)
of leave – no approved leave. Relying on its records to ascertain her address would
There was nothing to stop her from writing City Gov, be more in accord with reason and exigencies of
informing it of her plight and applying for leave and public service.
show interest in her job – necessary to enable SO… letter delivered to her house and informing her
government to take appropriate measures to ensure of her AWOL status is due notice to her.
smooth delivery of service to the public. Also, failure to give notice does not prevent the
dropping of employee concerned from government
4. EO292 is clear that the only LOA that a civil service – not being jurisdictional in nature as held in
service employee is entitled to is that which may Quezon vs. Borromeo.
be provided by law, rules and regulations
- None provide for automatic leaves of
absence Pastor vs. City of Pasig (2002)
- The law also considers the grant subservient
to “interest of service” – an interpretation that Facts:
would promote and enhance government Pastor was appointed Budget Officer of Pasig with
service should be upheld over the ponencia’s her appointment having been confirmed by the
interpretation Department of Budget and Management.
CAB: It was duty of Galzote to appraise the Mayor Eusebio issued a memo relieving Pastor from
government of her inability. Pursuant to Law and her position and she was reassigned to the Office of
Rules, she should be dropped. the Administrator.
Pastor filed a complaint with CSC and claimed for
Interpretation Refers Only to Extant Laws and reinstatement.
Rules CSC ruled in favor of Pastor. Mayor Eusebio
Ponencia: CSC is granted sufficient residual complied by designation Pastor as head of Pasig City
authority via its power of “interpreting” its own rules, Hall Annex.
to allow automatic LOAs. CSC once again ruled for Pastor.
NO. Undisputed that CSC Law and Rules do not CA held that the reassignment was a valid exercise of
provide for an automatic leave. the "extraordinary powers of the respondent City
Construction/interpretation is resorted to only in case Government. It pointed out that the reassignment to
of doubt on how to understand an existing legal the Office of the Municipal Administrator was only
provision. "temporary in nature" and that, in designating
CAB: There is no room for doubt, the law and rules petitioner as head of the City Hall Annex, the city
clearly do not provide for automatic LOAs. There is government had substantially complied with the first
nothing to interpret. CSC Resolution.
CSC has not power to interpret an inexistent rule,
especially is such interpretation takes away the Held: CA erred. Pastor’s reassignment amounts to a
provision of Sec60, EO292 which mandates that constructive removal without cause from the service.
LOAs shall be allowed only in the interest of the It has been held that a reassignment that is indefinite
service that approval cannot be presumed but may and results in a reduction in rank, status, and salary
be granted only after considering the exigencies of is in effect a constructive removal from the service.
government service. Pastor’s reassignment to different offices in the local
government of Pasig City is indefinite. Pastor has
II. She was afforded Due Process been on virtual floating assignments which cannot but
Sec35 required due notice for dropping of employee amount to a diminution of her rank, hence
on AWOL. impermissible under the law.
She was sent a letter informing her that she had been For all intents and purposes, her reassignment,
reported AWOL for over a year – reason for being lasting nearly ten years now, is a removal without
dropped from rolls delivered to her house. She did cause as Budget Officer of the City of Pasig. Indeed,
not respond nor contest the letter. her duties in her new assignment as head of the
CA assumed City Gov knew of her predicament Pasig City Hall Annex show the "more than
and her location temporary" nature of her reassignment.
Records show total absence of support for such That she has suffered a diminution in her rank is also
assumption. Undisputed that she had not filed any evident. As head of the Pasig City Hall Annex,
application for LOA – she had not record of the Pastor's budget proposals f will be subject to review
reason for her continued absence. by the City Budget Officer. Moreover, the position of
City Gov is a public corporation – it would be City Budget Officer is created by statute, while that of
unreasonable and unjustly burdensome for it to know
the head of the Pasig City Hall Annex is created by exercise disciplinary authority over its employees.
mere ordinance. Likewise, there is nothing that prohibits the city
treasurer from filing a complaint against his
subordinate.
Garcia vs. Pajaro (2002)
Power to discipline evidently includes the power to
Facts: investigate.
Garcia, an employee at the Dagupan City Treasurer’s
Office, was ordered suspended by City Treasurer
because of a Formal Charge against him. HOW-TO GUIDE: Masturbation by Tamar Love
During his suspension, Garcia still reported for work
not honoring the suspension order. Masturbation used to be an utterly taboo subject. We
were told touching ourselves was dirty and wrong,
Held: The City Treasurer has authority to discipline that if we did it we'd go crazy or grow hair on our
petitioner who is an employee at the Treasurer’s palms. If these lies were spread to keep us from
Office. pleasuring ourselves, it worked: in the mid-20th
Under the present LGC, appointive officers and century, only 50% of men and far fewer women
employees of LGUs are covered by the Civil Service owned up to masturbating. The women's movement,
Law, and those promulgated pursuant thereto. Also, better health education and increased levels of body
the investigation and the adjudication of consciousness have done wonders for masturbation's
administrative complaints against appointive local
bad rap. Now, according to the Kinsey Institute, 92%
officials and employees, as well as their suspension
of males and 62% of females report having
and removal, shall be in accordance with the Civil
Service Law and rules and other pertinent laws. masturbated. In fact, single females report that
BookV of 1987 Administrative Code is the primary masturbation is their most important sexual outlet.
law governing appointive officials and employees in We must be growing more enlightened as a culture!
the government and it enumerates the grounds for Masturbation is fun, healthy and safe. In fact, it's the
disciplining them. safest form of sex you can practice. You can't become
pregnant or contract an STD from masturbating, nor
The power to discipline is specifically granted by will your hands cheat on you, lie about how good it
Sec47 of the 1987 Administrative Code to heads of was, or spend all your money. If you're one of the
departments, agencies and instrumentalities, few who hasn't touched themselves, give it a try.
provinces and cities. What can it hurt? At the worst, you won't care for it
On the other hand, the power to commence much. At best, you'll discover an exciting new way to
administrative proceedings against a subordinate relieve stress, celebrate your body, relieve sexual
officer or employee is granted by Sec34 of the tension and give yourself a whole lotta pleasure.
Omnibus Rules Implementing BookV of Admin Code Even if you've been masturbating for years, a little
to the secretary of a department, head of office of variety never hurt anyone. Have you tried using
equivalent rank, head of LGU, chief of an agency, the different kinds of lube when you masturbate? Most
regional director or a person with a sworn written men have tried some form of lubricant, but
complaint. surprisingly few women have. Try a couple of
different brands and types... a little moisture adds a
Further, the city treasurer may institute, motu propio,
lot to the experience. What about sex toys? Many
disciplinary proceedings against a subordinate officer
women have tried vibrators, dildos and clitoral
or employee. Local Administrative Regulations No.2-
85 authorized the Secretary of Finance, the Regional stimulators, but few men have tried sheaths, penis
Director, and head of a local treasury or an pumps or cyberskin vaginas--all of which can be a lot
assessment office to start administrative disciplinary more fun than your bare hands. Whether you're a
action against officers or employees subordinate to newbie or a pro at self love, relax, take your pants off,
them. and try some of these tricks for a zestier solo sex
experience.
Sec455(b-1-x) of 1991LGC stating that the city mayor (continued…)
“may cause to be instituted administrative or judicial
proceedings against any official or employee of the Q&A with Dr. Sandor Gardos
city” is not incongruent with the provisions of the
1987 Administrative Code which authorizes heads of Question
agencies to discipline subordinate employees. I love my boyfriend very much but he is just not very
There is in fact no provision in the 1991LGC good in bed. Although he tries, he is frequently
expressly rescinding the authority of the DOF to "barking up the wrong tree" with where he touches
me -- if you know what I mean. I don't really want to national or local government is accused of an
hurt his feelings by telling him he is doing things offense committed in relation to his office.
wrong, but I also want to be satisfied. Any (3) Collect any fee for their appearance in
suggestions? administrative proceedings involving the local
government unit of which he is an official;
Answer and
While I am all for open, detailed conversations, I (4) Use property and personnel of the
government except when the sanggunian
agree that yelling out "stop that" or "not there" in bed
member concerned is defending the interest
is probably not the ideal approach. Generally, it's best
of the government.
to focus on the positive when communicating with a
(c) Doctors of medicine may practice their
partner about sexual matters. For example, instead of profession even during official hours of work only
saying, "Don't do that!" when he is missing the mark, on occasions of emergency: Provided, That the
try saying, "Oh yes! Just like THAT!" when he hits the officials concerned do not derive monetary
spot. You can also lean over and whisper in his ear, compensation therefrom.
"You know what would really turn me on?" then
suggest what you'd like! Sec443. Officials of the Municipal Government. —
Another option is to masturbate in front of your (a) There shall be in each municipality a
partner. You can make it into a little erotic game, municipal mayor, a municipal vice-mayor,
taking turns, or doing it at the same time. You might sangguniang bayan members, a secretary to the
even learn something more about what he likes. sangguniang bayan, a municipal treasurer, a
If you don't think you can bring yourself to say municipal assessor, a municipal accountant, a
anything or masturbate in front of him, the best municipal budget officer, a municipal planning and
approach is to take his hand gently and place it development coordinator, a municipal
where you want it. Show him where you like to be engineer/building official, a municipal health officer
touched, how hard, how fast, etc. While I appreciate and a municipal civil registrar.
that you don't want to hurt his feelings, most men (b) In addition thereto, the mayor may appoint a
report that they like it when women give them municipal administrator, a municipal legal officer, a
more clear feedback about what they like. However municipal agriculturist, a municipal environment
and natural resources officer, a municipal social
you approach it, you will certainly be doing both of
welfare and development officer, a municipal
you a service!
architect, and a municipal information officer.
(c) The sangguniang bayan may:
(1) Maintain existing offices not mentioned in
Practice of Profession & Related LGC Provisions subsections (a) and (b) hereof;
(2) Create such other offices as may be
Sec31. Submission of Municipal Questions to the necessary to carry out the purposes of the
Provincial Legal Officer or Prosecutor. — In the municipal government; or
absence of a municipal legal officer, the municipal (3) Consolidate the functions of any office with
government may secure the opinion of the those of another in the interest of efficiency
provincial legal officer, and in the absence of the and economy.
latter, that of the provincial prosecutor on any legal (d) Unless otherwise provided herein, heads of
question affecting the municipality. departments and offices shall be appointed by the
municipal mayor with the concurrence of the
Sec90. Practice of Profession. — majority of all the sangguniang bayan members,
(a) All governors, city and municipal mayors are subject to civil service law, rules and regulations.
prohibited from practicing their profession or The sangguniang bayan shall act on the
engaging in any occupation other than the exercise appointment within fifteen (15) days from the date
of their functions as local chief executives. of its submission; otherwise, the same shall be
(b) Sanggunian members may practice their deemed confirmed.
professions, engage in any occupation, or teach in (e) Elective and appointive municipal officials
schools except during session hours: Provided, shall receive such compensation, allowances and
That sanggunian members who are also members other emoluments as may be determined by law or
of the Bar shall not: ordinance, subject to the budgetary limitations on
(1) Appear as counsel before any court in any personal services as prescribed in Title Five, Book
civil case wherein a local government unit or Two of this Code: Provided, That no increase in
any office, agency, or instrumentality of the compensation of the mayor, vice-mayor, and
government is the adverse party; sangguniang bayan members shall take effect until
(2) Appear as counsel in any criminal case after the expiration of the full term of all the elective
wherein an officer or employee of the local officials approving such increase.
administrative neglect or misconduct in office,
Sec481. Qualifications, Terms, Powers and and recommend appropriate action to the
Duties. — governor, mayor or sanggunian, as the case
(a) No person shall be appointed legal officer may be;
unless he is a citizen of the Philippines, a resident (v) Investigate or cause to be
of the local government concerned, of good moral investigated any person, firm or corporation
character, and a member of the Philippine Bar. He holding any franchise or exercising any
must have practiced his profession for at least five public privilege for failure to comply with any
(5) years in the case of the provincial and city legal term or condition in the grant of such
officer, and three (3) years in the case of the franchise or privilege, and recommending
municipal legal officer. appropriate action to the governor, mayor or
The term of the legal officer shall be coterminous sanggunian, as the case may be;
with that of his appointing authority. (vi) When directed by the governor,
The appointment of legal officer shall be mandatory mayor, or sanggunian, initiate and prosecute
for the provincial and city governments and optional in the interest of the local government unit
for the municipal government. concerned any civil action on any bond,
(b) The legal officer, the chief legal counsel of lease or other contract upon any breach or
the local government unit, shall take charge of the violation thereof; and
office of legal services and shall: (vii) Review and submit
(1) Formulate measures for the consideration of recommendations on ordinances approved
the sanggunian and provide legal assistance and execute orders issued by component
and support to the governor or mayor, as the units;
case may be, in carrying out the delivery of (3) Recommend measures to the sanggunian
basic services and provisions of adequate and advise the governor or mayor as the
facilities as provided for under Section 17 of case may be on all other matters related to
this Code; upholding the rule of law;
(2) Develop plans and strategies and upon (4) Be in the frontline of protecting human rights
approval thereof by the governor or mayor, and prosecuting any violations thereof,
as the case may be, implement the same, particularly those which occur during and in
particularly those which have to do with the aftermath of man-made or natural
programs and projects related to legal disasters or calamities; and
services which the governor or mayor is (5) Exercise such other powers and perform
empowered to implement and which the such other duties and functions as may be
sanggunian is empowered to provide for prescribed by law or ordinance.
under this Code;
(3) In addition to the foregoing duties and Javellana vs. DILG (1992)
functions, the legal officer shall:
(i) Represent the local government unit Facts:
in all civil actions and special proceedings City Engineer Divinagracia filed an Admin. Case
wherein the local government unit or any against Atty. Javellana (elected City Councilor) for:
official thereof, in his official capacity, is a - continuously engaging in the practice of law
party: Provided, That, in actions or without securing the authorization of the Regional
proceedings where a component city or Director as required by DILG Memo Circular
municipality is a party adverse to the No.80-38 in relation to DLG Memo Circular No.
provincial government or to another 74-58, and
component city or municipality, a special - for being counsel for Javiero and Catapang,
legal officer may be employed to represent who filed a case against him for illegal dismissal,
the adverse party; putting him in public ridicule.
(ii) When required by the governor, During pendency of said admin case, Javellana
mayor or sanggunian, draft ordinances, requested the DLG for a permit to continue his
contracts, bonds, leases and other practice of law. Request granted.
instruments, involving any interest of the Memo Circular 90-81 was issued setting forth the
local government unit and provide comments guidelines for the practice of professions by local
and recommendations on any instrument elective officials.
already drawn; 1991LGC was enacted.
(iii) Render his opinion in writing on any
question of law when requested to do so by Held:
the governor, mayor or sanggunian; 1. Javellana violated Memorandum Circular 74-
(iv) Investigate or cause to be 58 prohibiting government officials from engaging
investigated any local official or employee for
in private practice if it would represent interests the province and any municipality or mun. district
adverse to the government. thereof in any court, except (1)in cases where
The illegal dismissal case filed by Javiero and original jurisdiction is vested in the SC or (2)in
Catapang against Divinagracia is in effect a cases where the municipality or the municipal
complaint against the City Govt., their real employer, district in question is a party adverse to the
of which Javellana is a councilman. provincial govt. or to some other municipality or
Judgment then against City Eng. Divinagracia would municipal district in the same province.”
be a judgment against the City Govt. 2. Sec 3 Local Autonomy Act which provides
By serving as counsel for the complaining employees that “the municipal attorney as head of the legal
and assisting them to prosecute their claims against division or office of a municipality” shall act as
the City Eng., Javellana violated Memo Circ 74-58 legal counsel of the municipality xxx
which prohibits govt. officials from engaging in the 3. settled jurisprudence where it was held that
private practice of his profession, if such practice the municipality’s authority to employ a private
would represent interests adverse to the government. lawyer is expressly limited only to situations
where the provincial fiscal is disqualified t o
2. Memorandum Circular 90-81 and Sec90 of represent it.
LGC do not violate ArtVIII, Sec5 of Constitution. The municipality should not be burdened with the
MC 90-81 and the LGC simply prescribe rules of expenses of hiring a private lawyer. Lawmakers
conduct for public officials to avoid conflicts of assumed that the interests of the municipality would
interest between the discharge of their public officials be best protected if a government lawyer handles its
and the private practice of their profession, in those litigation.
instances where the law allows it.
The fact that the municipal attorney and the fiscal are
3. Sec90 of LGC does not discriminate against supposed to collaborate with a private law firm does
lawyers and doctors. not legalize the latter’s representation of the
It applies to all provincial and municipal officials in the municipality. While a private prosecutor is allowed in
profession or engaged in any occupation. criminal cases, an analogous arrangement is not
If there are some prohibitions that apply particularly allowed in civil cases wherein a municipality is the
to lawyers, it is because of all professions, the plaintiff
practice of law is more likely than others to relate to,
or affect, the area of public service. Section 1683 of the Revised Admin Code is clear in
providing that only the provincial fiscal and the
municipal attorney can represent a municipality in its
Ramos vs. CA (1981) lawsuits. That provision is mandatory.
Where rigid adherence to the law on representation In resolving whether a local government official may
of local officials in court actions could deprive a party secure the services of a private counsel in an action
of his right to redress for a valid grievance, the hiring filed against him in his official capacity, the nature of
of a private counsel would be proper. the action and the relief sought are to be considered.
In Albuera v. Torres: a provincial governor sued in his Instances when representation by private counsel of
official capacity may engage the services of private a public official sued in his official capacity was
counsel when "the complaint contains other allowed:
allegations and a prayer for moral damages, which, if 1. Where the complaint contained other
due from the defendants, must be satisfied by them allegations and a prayer for moral damages,
in their private capacity." which if due from the defendants must be
satisfied by them in their private capacity.
Look at the nature of the action and the relief sought: 2. Where rigid adherence to the law on
CAB: admittedly suit was file against respondents as representation would deprive a part of his right to
public officials, BUT redress for a valid grievance
- Certain allegations were beyond official duties of
the officers: harassment and political vendetta In view of the damages sought which, if granted,
- petition then claims moral and exemplary could result in personal liability, respondents could
damages, as well as litigation expenses not be deemed to have been improperly represented
- personal liability of the officials concerned by private counsel. Hence, CA did not err when it
recognized the right of respondents to be
represented by private counsel.
Mancenido vs. CA (2000)
Facts:
Mancenido filed an action for mandamus and
damages with the RTC against the Provincial Board,
the school board, the provincial governor, provincial
treasurer and provincial auditor to pay the teachers’ Natividad vs. Felix (1994)
claim for unpaid salary increases.
The RTC rendered a decision ordering the Provincial Facts:
School Board to appropriate amount as unpaid salary Natividad was Municipal Mayor of Ramos, Tarlac. An
increases and to satisfy the claim. information for the murder of Severino Aquino at the
Private respondents then filed a petition for Ramos Police Station was filed against Mayor
mandamus, prohibition and injunction with the court Natividad and one Boy Llerina before the sala of
of appeals with the prayer, among other things, that
Judge Felix of RTC. A warrant for his arrest was Sandiganbayan, not EXCLUSIVE original jurisdiction.
issued. His authority is a shared or concurrent authority with
Upon motion, Judge Felix recalled the warrant & similarly authorized agencies of the govt in respect of
remanded the case for further prelim investigation. the offense charged.
The panel of prosecutors submitted an amended §15(1) of RA6770 (Ombudsman Act of 1989) uses
information with a resolution that probable cause the word “may” in regard to the Ombudsman’s
exists. Judge Felix admitted the amended assumption of its primary jurisdiction over cases
information and again directed the issuance of a cognizable by the Sandiganbayan. It follows that the
warrant of arrest against Natividad. Ombudsman’s powers are but directory in nature.
Natividad moved to remand the case for prelim
investigation with motion to quash the warrant,
contending that the Ombudsman and not the
Provincial Prosecutor had jurisdiction to conduct the
prelim investigation and that the proper court w/c had Masturbation (Part 2)
jurisdiction over the case was the Sandiganbayan
denied. Masturbation Tips for Girls
Held: Ombudsman has no jurisdiction to conduct a
If you're masturbating for the first time--or even if
preliminary investigation over the case.
you're a seasoned pro--take a few moments to relax,
The Ombudsman’s primary jurisdiction is dependent
on the cases cognizable by the Sandiganbayan, heighten your senses and explore your body. Dim the
hence, legislation relative to the jurisdiction of the lights, turn on some soft, sensual music, light a few
Sandiganbayan must be traced. candles and burn some incense. You may feel a little
§4 (a)(2) of the latest law on the Sandiganbayan, PD silly making all these preparations just to have sex
1861, requires that the ff. requisites concur for a case with yourself, but try it at least once and see if you
to fall under the jurisdiction of the Sandigan: like it. Many women are surprised at their bodies'
- the offense committed by the public officer responses to a sensual environment.
must be in relation to his office; and
- the penalty prescribed must be higher than Once the room is ready, remove your clothes and
prision correccional (or imprisonment for 6yrs) or recline on the bed or sofa. Make sure you're
a fine of P6K completely comfortable; try propping your elbows on
CAB: The 1st requirement is absent. a few pillows. Then begin to explore your body.
Stroke your breasts, belly and thighs. Feel your skin
PD1861 should be taken into consideration in the raise into goosebumps as you become aroused by
application & interpretation of Art. XI §§12-13 of the your own touch. Don't leave an inch of skin
1987 Consti and the Ombudsman Act of 1989 unexplored: search out and touch all the places on
because PD1861 is in pari materia20 to Art. XI and the your body you don't consider to be "sexual," such as
Ombudsman Act. the backs of your knees, your underarms, the crevice
A statute must be interpreted, not only to be
between your vulva and inner thighs. You'll soon
consistent w/ itself, but also to harmonize w/ other
find out what turns you on.
laws on the same subject matter, as to form a
complete, coherent and intelligible system.
When you're completely comfortable with your
The offense was NOT committed in the performance body, move your hands between your legs. If this is
of the mayor’s responsibility to maintain peace & difficult or uncomfortable for you, start slow. Get out
order. (The victim was allegedly a robbery & NPA a hand mirror and a flashlight and look at yourself.
suspect, under investigation at the time he was killed Many women have never done this before and have
at the police station). no idea what they look like. In order to feel
The alleged act does not fall under any of the completely comfortable masturbating, you need to
functions of municipal mayor under §444 of the LGC. understand your anatomy. Pull your labia apart and
Neither may it be implied therefrom. examine your clitoris and vaginal opening. Try
stroking your clitoris and watch what happens. As
Assuming that the act was in the performance of you become aroused, blood will flow to your clitoris,
petitioner’s official functions, thus satisfying the 1 st enlarging it and turning it a deep shade of red--much
requirement, still the Ombudsman has only primary like a man's erect penis. The sensitive skin below
jurisdiction over cases cognizable by the your clitoris, surrounding your vaginal opening, may
become puckered, like the goosebumps on your arms
20
Statutes are in pari materia when they relate to the same person or and legs. Don't worry! It's a perfectly natural
thing or to the same class of persons or things, or object, or cover the response to arousal.
same specific or particular subject matter.
(continued…) (c) In the event that a province or city has two (2) or
more school superintendents, and in the event that
a municipality has two (2) or more district
supervisors, the co-chairman of the local school
The Local Boards board shall be determined as follows:
(1) The Department of Education, Culture and
Sports shall designate the co-chairman for
Local School Boards
the provincial and city school boards; and
(2) The division superintendent of schools shall
Sec98. Creation, Composition, and designate the district supervisor who shall
Compensation. — serve as co-chairman of the municipal school
(a) There shall be established in every province, board.
city, or municipality a provincial, city, or municipal (d) The performance of the duties and
school board, respectively. responsibilities of the abovementioned officials in
(b) The composition of local school boards shall be their respective local school boards shall not be
as follows: delegated.
(1) The provincial school board shall be composed
of the governor and the division Sec99. Functions of Local School Boards. — The
superintendent of schools as co-chairman; provincial, city or municipal school board shall:
the chairman of the education committee of (a) Determine, in accordance with the criteria set by
the sangguniang panlalawigan, the provincial the Department of Education, Culture and Sports,
treasurer, the representative of the the annual supplementary budgetary needs for the
"pederasyon ng mga sangguniang kabataan" operation and maintenance of public schools within
in the sangguniang panlalawigan, the duly the province, city, or municipality, as the case may
elected president of the provincial federation be, and the supplementary local cost of meeting
of parents-teachers associations, the duly such as needs, which shall be reflected in the form
elected representative of the teachers' of an annual school board budget corresponding to
organizations in the province, and the duly its share of the proceeds of the special levy on real
elected representative of the non-academic property constituting the Special Education Fund
personnel of public schools in the province, and such other sources of revenue as this Code
as members; and other laws or ordinances may provide;
(2) The city school board shall be composed of the (b) Authorize the provincial, city or municipal
city mayor and the city superintendent of treasurer, as the case may be, to disburse funds
schools as co-chairmen; the chairman of the from the Special Education Fund pursuant to the
education committee of the sangguniang budget prepared and in accordance with existing
panlungsod, the city treasurer, the rules and regulations;
representative of the "pederasyon ng mga (c) Serve as an advisory committee to the
sangguniang kabataan" in the sangguniang sanggunian concerned on educational matters
panlungsod, the duly elected president of the such as, but not limited to, the necessity for and the
city federation of parents- teachers uses of local appropriations for educational
associations, the duly elected representative purposes; and
of the teachers' organizations in the city, and (d) Recommend changes in the names of public
the duly elected representative of the non- schools within the territorial jurisdiction of the local
academic personnel of public schools in the government unit for enactment by the sanggunian
city, as members; and concerned.
(3) The municipal school board shall be composed The Department of Education, Culture and Sports
of the municipal mayor and the district shall consult the local school board on the
supervisor of schools as co-chairmen; the appointment of division superintendents, district
chairman of the education committee of the supervisors, school principals, and other school
sangguniang bayan, the municipal treasurer, officials.
the representative of the "pederasyon ng
mga sangguniang kabataan" in the
sangguniang bayan, the duly elected Sec100. Meetings and Quorum; Budget. —
president of the municipal federation of (a) The local school board shall meet at least once
parent-teacher associations, the duly elected a month or as often as may be necessary.
representative of the teachers' organizations (b) Any of the co-chairmen may call a meeting. A
in the municipality, and the duly elected majority of all its members shall constitute a
representative of the non-academic quorum. However, when both co-chairmen are
personnel of public schools in the present in a meeting, the local chief executive
municipality, as members. concerned, as a matter of protocol, shall be given
preference to preside over the meeting. The indispensable to the operation and maintenance of
division superintendent, city superintendent or public schools. Such grants should be charged
district supervisor, as the case may be, shall instead to the General Funds of the province.
prepare the budget of the school board concerned.
Such budget shall be supported by programs,
projects, and activities of the school board for the Osea v. Malaya (2002)
ensuing fiscal year. The affirmative vote of the
majority of all the members shall be necessary to Osea prays for the recall of respondent's
approve the budget. appointment. She avers that
(c) The annual school board budget shall give 1. she was appointed as Officer-in-charge,
priority to the following: Assistant Schools Division Superintendent of
(1) Construction, repair, and maintenance of school Camarines Sur by DECS Sec. Gloria, upon
buildings and other facilities of public endorsement of the Provincial School Board of
elementary and secondary schools; Camarines Sur
(2) Establishment and maintenance of extension 2. despite the recommendation of Gloria, Pres.
classes where necessary; and Ramos instead appointed Malaya to the position
(3) Sports activities at the division, district, of Schools Division Superintendent of
municipal, and barangay levels. Camarines Sur
3. Malaya's appointment was made without prior
Sec101. Compensation and Remuneration. — The consultation with the Provincial School Board, in
co-chairmen and members of the provincial, city or violation of Section 99 of the LGC.
municipal school board shall perform their duties as CSC found that Ramos appointed respondent from
such without compensation or remuneration. OIC Schools Division Superintendent of Iriga City to
Members thereof who are not government officials Schools Division Superintendent without any specific
or employees shall be entitled to necessary Division. Subsequently, Gloria designated
traveling expenses and allowances chargeable respondent as Schools Division Superintendent of
against the funds of the local school board Camarines Sur and petitioner as Schools
concerned, subject to existing accounting and Division Superintendent of Iriga City.
auditing rules and regulations.
Held: Osea’s petition has no merit.
Cebu Province COA v. Province of Cebu (2001) Sec. 99 applies to appointments made by the
DECS, because when the LGC was enacted,
The salaries and personnel-related benefits of the Schools Division Superintendents were
public school teachers in connection with the appointed by the DECS to specific division or
establishment and maintenance of extension classes location. In 1994, the Career Executive Service
may be charged to the SEF. The deliberations on the Board issued Memorandum Circular 21 placing
LGC clearly demonstrated that the legislature the positions of Schools Division Superintendent
intended the SEF to answer for the compensation of within the career executive service.
teachers handling extension classes. Consequently, the power to appoint persons to
career executive service positions was
Even under the Doctrine of Necessary Implication, transferred from the DECS to the President. The
the allocation of the SEF for the establishment and appointment may not be specific as to location.
maintenance of extension classes logically implies The perogative to designate the appointees to
the hiring of teachers who should, as a matter of their particular stations was vested in the DECS.
course, be compensated for their services. The appointment issued by Ramos in favor of
Malaya as Schools Division Superintendent did
The operation and maintenance of public schools are not specify her station. It was Sec Gloria who
lodged principally with the DECS. This is why only assigned respondent to the Division of
salaries of public school teachers appointed for Camarines Sur, and Osea to the division of Iriga
extension classes pertain to the supplementary City.
budget of the local school boards. So, not every kind Hence, these designations partook of a nature of
of personnel-related benefits may be charged to the reassignments. These do not need prior
SEF. consultation with the local school board.
Appointment: the selection, by the authority
But scholarship grants are not among the projects vested with the power, of an individual who is to
chargeable to the SEF. This item was omitted exercise the functions of a given office.
intentionally from the LGC. The Doctrine of Reassignment: merely a movement of an
Necessary Implication cannot be applied, since employee from one organizational unit to
scholarship grants are neither necessary nor another in the same department or agency
which does not involve a reduction in rank, discipline, budget review, operations review and
status or salary and does not require the similar functions.
issuance of an appointment.
Province of Camarines Norte v. Province of Since no law provides for exclusive jurisdiction of any
Quezon (2001) court/ agency over settlement of boundary disputes
between a municipality and an independent
The SC had already decided the long-drawn component city of the same province, the RTC did
boundary dispute between Camarines Norte and not abuse its discretion in denying the MTD.
Quezon, but Quezon Gov. Rodriguez and Mayor Lim
refused to comply. They made an argument that Sec.
1 of RA 5480 creating the municipality of Sta. Elena Local Initiative and Referendum – LGC
provides the latest definition of the boundary between
Quezon and CN and nowhere in the said RA can be Sec120. Local Initiative Defined. — Local initiative
found 9 bgys. To include the 9 bgys. in Sta. Elena is the legal process whereby the registered voters
would violate the RA, Sec. 10 of Art. X of the Consti. of a local government unit may directly propose,
And Sec. 10 of the LGC, all of which require a enact, or amend any ordinance.
plebiscite in cases of substantial alteration of
boundaries. Sec121. Who May Exercise. — The power of local
initiative and referendum may be exercised by all
Held: The 2 officials should be cited for contempt, registered voters of the provinces, cities,
and no plebiscite is required. RA 5480 does not municipalities, and barangays.
purport to have amended the Revised Administrative
Code. RA 5480 enumerates the component bgys. up Sec122. Procedure in Local Initiative. —
to the boundary of CN and Quezon as defined in the (a) Not less than one thousand (1,000) registered
RAC. That boundary has been defined in the 1922 voters in case of provinces and cities, one hundred
EB Decision which in turn has been ordered enforced (100) in case of municipalities, and fifty (50) in case
in the SC decision. The enumeration of bgys. in RA of barangays, may file a petition with the
5480 is not intended to delimit the territorial sanggunian concerned proposing the adoption,
jurisdiction of Sta. Elena. enactment, repeal, or amendment of an ordinance.
(b) If no favorable action thereon is taken by the
The 1922 EB decision did not alter, redefine or sanggunian concerned within thirty (30) days from
amend the provincial boundary line between Quezon its presentation, the proponents, through their duly
and CN. All that the Chief of the Executive Bureau authorized and registered representatives, may
did was implement RAC. Hence no need for a invoke their power of initiative, giving notice thereof
plebiscite. to the sanggunian concerned.
(c) The proposition shall be numbered serially
Municipality of Kanaga v. Madrona (2003) starting from Roman numeral I. The COMELEC or
its designated representative shall extend
A boundary dispute arose between the Kanaga assistance in the formulation of the proposition.
Municipality and Ormoc City. Ormoc City filed before (d) Two (2) or more propositions may be submitted
the RTC a complaint to settle the dispute. Kanaga in an initiative.
filed MTD alleging that the RTC had no jurisdiction (e) Proponents shall have ninety (90) days in case
over the subject matter of the claim. of provinces and cities, sixty (60) days in case of
municipalities, and thirty (30) days in case of
Held: The procedure in Sec. 118 is not applicable to barangays, from notice mentioned in subsection (b)
the CAB since the provision applies to a situation in hereof to collect the required number of signatures.
which a component city or a municipality seeks to (f) The petition shall be signed before the election
settle a boundary dispute with a highly urbanized city, registrar. or his designated representatives, in the
not with an independent component city. Ormoc is presence of a representative of the proponent, and
not a highly urbanized city, but an independent a representative of the sanggunian concerned in a
component city. public place in the local government unit, as the
case may be. Stations for collecting signatures may
be established in as many places as may be approve, amend or reject any ordinance enacted by
warranted. the sanggunian.
(g) Upon the lapse of the period herein provided, The local referendum shall be held under the
the COMELEC, through its office in the local control and direction of the COMELEC within sixty
government unit concerned, shall certify as to (60) days in case of provinces and cities, forty-five
whether or not the required number of signatures (45) days in case of municipalities and thirty (30)
has been obtained. Failure to obtain the required days in case of barangays.
number defeats the proposition. The COMELEC shall certify and proclaim the
(h) If the required number of signatures is obtained, results of the said referendum.
the COMELEC shall then set a date for the initiative
during which the proposition shall be submitted to Sec127. Authority of Courts. — Nothing in this
the registered voters in the local government unit Chapter shall prevent or preclude the proper courts
concerned for their approval within sixty (60) days from declaring null and void any proposition
from the date of certification by the COMELEC, as approved pursuant to this Chapter for violation of
provided in subsection (g) hereof, in case of the Constitution or want of capacity of the
provinces and cities, forty-five (45) days in case of sanggunian concerned to enact the said measure.
municipalities, and thirty (30) days in case of
barangays. The initiative shall then be held on the
date set, after which the results thereof shall be
certified and proclaimed by the COMELEC.
RA 6735 – The Initiative and Referendum Act
Sec123. Effectivity of Local Propositions. — If the
proposition is approved by a majority of the votes I. — General Provisions
cast, it shall take effect fifteen (15) days after Sec2. Statement of Policy. — The power of the
certification by the COMELEC as if affirmative people under a system of initiative and referendum
action thereon had been made by the sanggunian to directly propose, enact, approve or reject, in
and local chief executive concerned. If it fails to whole or in part, the Constitution, laws, ordinances,
obtain said number of votes, the proposition is or resolutions passed by any legislative body upon
considered defeated. compliance with the requirements of this Act is
hereby affirmed, recognized and guaranteed.
Sec124. Limitations on Local Initiative. —
(a) The power of local initiative shall not be Sec3. Definition of Terms. — For purposes of this
exercised more than once a year. Act, the following terms shall mean:
(b) Initiative shall extend only to subjects or matters (a) "Initiative" is the power of the people to propose
which are within the legal powers of the amendments to the Constitution or to propose and
sanggunian to enact. enact legislations through an election called for the
(c) If at any time before the initiative is held, the purpose.
sanggunian concerned adopts in toto the There are three (3) systems of initiative, namely:
proposition presented and the local chief executive a.1 Initiative on the Constitution which refers to a
approves the same, the initiative shall be cancelled. petition proposing amendments to the
However, those against such action may, if they so Constitution;
desire, apply for initiative in the manner herein a.2. Initiative on statutes which refers to a petition
provided. proposing to enact a national legislation; and
a.3. Initiative on local legislation which refers to a
Sec125. Limitations upon Sanggunians. — Any petition proposing to enact a regional,
proposition or ordinance approved through the provincial, city, municipal, or barangay law,
system of initiative and referendum as herein resolution or ordinance.
provided shall not be repealed, modified or (b) "Indirect initiative" is exercise of initiative by the
amended by the sanggunian concerned within six people through a proposition sent to Congress or
(6) months from the date of the approval thereof, the local legislative body for action.
and may be amended, modified or repealed by the (c) "Referendum" is the power of the electorate to
sanggunian within three (3) years thereafter by a approve or reject a legislation through an election
vote of three-fourths (3/4) of all its members: called for the purpose. It may be of two classes,
Provided, That in case of barangays, the period namely:
shall be eighteen (18) months after the approval c.1. Referendum on statutes which refers to a
thereof. petition to approve or reject an act or law, or
part thereof, passed by Congress; and
Sec126. Local Referendum Defined. — Local c.2. Referendum on local law which refers to a
referendum is the legal process whereby the petition to approve or reject a law, resolution
registered voters of the local government units may
or ordinance enacted by regional assemblies assembly of an autonomous region, province or city
and local legislative bodies. is deemed validly initiated if the petition thereof is
(d) "Proposition" is the measure proposed by the signed by at least ten per centum (10%) of the
voters. registered voters in the province or city, of which
(e) "Plebiscite" is the electoral process by which an every legislative district must be represented by at
initiative on the Constitution is approved or rejected least three per centum (3%) of the registered voters
by the people. therein; Provided, however, That if the province or
(f) "Petition" is the written instrument containing the city is composed only of one (1) legislative district,
proposition and the required number of signatories. then at least each municipality in a province or
It shall be in a form to be determined by and each barangay in a city should be represented by
submitted to the Commission on Elections, at least three per centum (3%) of the registered
hereinafter referred to as the Commission. voters therein.
(g) "Local government units" refers to provinces, (e) A referendum of initiative on an ordinance
cities, municipalities and barangays. passed in a municipality shall be deemed validly
(h) "Local legislative bodies" refers to the initiated if the petition therefor is signed by at least
Sangguniang Panlalawigan, Sangguniang ten per centum (10%) of the registered voters in
Panlungsod, Sangguniang Bayan, and the municipality, of which every barangay is
Sangguniang Nayon. represented by at least three per centum (3%) of
(i) "Local executives" refers to the Provincial the registered voters therein.
Governors, City or Municipal Mayors and Punong (f) A referendum or initiative on a barangay
Barangay, as the case may be. resolution or ordinance is deemed validly initiated if
signed by at least ten per centum (10%) of the
Sec4. Who may exercise. — The power of initiative registered voters in said barangay.
and referendum may be exercised by all registered
voters of the country, autonomous regions, Sec6. Special Registration. — The Commission on
provinces, cities, municipalities and barangays. Election shall set a special registration day at least
three (3) weeks before a scheduled initiative or
Sec5. Requirements. — referendum.
(a) To exercise the power of initiative or
referendum, at least ten per centum (10%) of the Sec7. Verification of Signatures. — The Election
total number of the registered voters, of which Registrar shall verify the signatures on the basis of
every legislative district is represented by at least the registry list of voters, voters' affidavits and
three per centum (3%) of the registered voters voters identification cards used in the immediately
thereof, shall sign a petition for the purpose and preceding election.
register the same with the Commission.
(b) A petition for an initiative on the 1987 III. — Local Initiative and Referendum
Constitution must have at least twelve per centum Sec13. Procedure in Local Initiative. —
(12%) of the total number of registered voters as (a) Not less than two thousand (2,000) registered
signatories, of which every legislative district must voters in case of autonomous regions, one
be represented by at least three per centum (3%) thousand (1,000) in case of provinces and cities,
of the registered voters therein. Initiative on the one hundred (100) in case of municipalities, and
Constitution may be exercised only after five (5) fifty (50) in case of barangays, may file a petition
years from the ratification of the 1987 Constitution with the Regional Assembly or local legislative
and only once every five (5) years thereafter. body, respectively, proposing the adoption,
(c) The petition shall state the following: enactment, repeal, or amendment, of any law,
c.1. contents or text of the proposed law sought ordinance or resolution.
to be enacted, approved or rejected, (b) If no favorable action thereon is made by local
amended or repealed, as the case may be; legislative body within (30) days from its
c.2. the proposition; presentation, the proponents through their duly
c.3. the reason or reasons therefor; authorized and registered representative may
c.4. that it is not one of the exceptions provided invoke their power of initiative, giving notice thereof
herein; to the local legislative body concerned.
c.5. signatures of the petitioners or registered (c) The proposition shall be numbered serially
voters; and starting from one (1). The Secretary of Local
c.6. an abstract or summary in not more than one Government or his designated representative shall
hundred (100) words which shall be legibly extend assistance in the formulation of the
written or printed at the top of every page of proposition.
the petition. (d) Two or more propositions may be submitted in
(d) A referendum or initiative affecting a law, an initiative.
resolution or ordinance passed by the legislative
(e) Proponents shall have one hundred twenty Sec16. Limitations Upon Local Legislative
(120) days in case of autonomous regions, ninety Bodies. — Any proposition or ordinance or
(90) days in case of provinces and cities, sixty (60) resolution approved through the system of initiative
days in case of municipalities, and thirty (30) days and referendum as herein provided shall not be
in case of barangays, from notice mentioned in repealed, modified or amended, by the local
subsection (b) hereof to collect the required legislative body concerned within six (6) months
number of signatures. from the date therefrom, and may be amended,
(f) The petition shall be signed before the Election modified or repealed by the local legislative body
Registrar, or his designated representative, in the within three (3) years thereafter by a vote of three-
presence of a representative of the proponent, and fourths (3/4) of all its members: Provided, however,
a representative of the regional assemblies and that in case of barangays, the period shall be one
local legislative bodies concerned in a public place (1) year after the expiration of the first six (6)
in the autonomous region or local government unit, months.
as the case may be. Signature stations may be
established in as many places as may be Sec17. Local Referendum. — Notwithstanding the
warranted. provisions of Section 4 hereof, any local legislative
(g) Upon the lapse of the period herein provided, body may submit to the registered voters of
the Commission on Elections, through its office in autonomous region, provinces, cities, municipalities
the local government unit concerned shall certify as and barangays for the approval or rejection, any
to whether or not the required number of signatures ordinance or resolution duly enacted or approved.
has been obtained. Failure to obtain the required Said referendum shall be held under the control
number is a defeat of the proposition. cd and direction of the Commission within sixty (60)
(h) If the required number of the signatures is days in case of provinces and cities, forty-five (45)
obtained, the Commission shall then set a date for days in case of municipalities and thirty (30) days in
the initiative at which the proposition shall be case of barangays.
submitted to the registered voters in the local The Commission shall certify and proclaim the
government unit concerned for their approval within results of the said referendum.
ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof, Sec18. Authority of Courts. — Nothing in this Act
in case of autonomous regions, sixty (60) days in shall prevent or preclude the proper courts from
case of the provinces and cities, forty-five (45) days declaring null and void any proposition approved
in case of municipalities, and thirty (30) days in pursuant to this Act for violation of the Constitution
case of barangays. The initiative shall then be held or want of capacity of the local legislative body to
on the date set, after which the results thereof shall enact the said measure.
be certified and proclaimed by the Commission on
Elections.
Garcia v. COMELEC (1994)
Sec14. Effectivity of Local Propositions. — If the
proposition is approved by a majority of the votes The Sangguniang Bayan of Morong, Bataan in its
cast, it shall take effect fifteen (15) days after Resolution 10 agreed to the inclusion of the
certification by the Commission as if affirmative municipality as part of the Subic Special Economic
action thereon had been made by the local Zone. When the municipality did not take action on
legislative body and local executive concerned. If it the petition of Garcia and others to annul the
fails to obtain said number of votes, the proposition resolution, the latter resorted to their power of
is considered defeated. initiative under the LGC and started soliciting the
signatures. The COMELEC denied the pet. for local
Sec15. Limitations on Local Initiatives. — initiative.
(a) The power of local initiative shall not be
exercised more than once a year. Held: Resolution 10 is the proper subject of an
(b) Initiative shall extend only to subjects or matters initiative. The Constitution clearly includes not only
which are within the legal powers of the local ordinances but resolutions as appropriate subjects of
legislative bodies to enact. a local initiative. An act includes a resolution (Black’s
(c) If at any time before the initiative is held, the Law Dictionary). In enacting RA 6735, Congress
local legislative body shall adopt in toto the implemented the constitutional command to include
proposition presented, the initiative shall be acts (resolutions) as appropriate subjects of initiative.
cancelled. However, those against such action
may, if they so desire, apply for initiative in the 1991 LGC did not change the scope of coverage of
manner herein provided. local initiative as limiting the coverage to ordinances
alone. Sec. 120 merely defines the concept of local
initiative as the legal process whereby registered Differences between an initiative and referendum:
voters of a LGU may directly propose, enact or Initiative Referendum
amend any ordinance. It does not deal with subjects - entirely the work of the - begun and consented to
or matters that can be taken up in a local initiative. electorate by the law-making body.
- process of law-making - drawn up or enacted by
Sec. 124 (which deals with local initiative subjects or by the people a legislative body.
matters) clearly does not limit its application to themselves without the
ordinances, but to all “subjects or matters which are participation and against
within the legal powers of the Sanggunians to enact” the wishes of their
which undoubtedly includes resolutions. elected reps.
- process and voting - voters simply write
Sec. 125 providing for limitations upon Sanggunians more complex either “yes” or “no” in the
supports the interpretation, where inclusion of the ballot
word proposition is inconsistent with respondents’ There is a need for COMELEC to supervise an
thesis that only ordinances can be the subject of local initiative more closely. Its authority extending not
initiatives. only to the counting and canvassing of votes but also
to seeing to it that the matter or act submitted to the
Distinction between a resolution and ordinance: people is in the proper form and language so it may
Resolution: used whenever the legislature wishes to easily be understood and voted by the electorate.
express an opinion which is to have only a temporary
effect
Ordinance: intended to permanently direct and Masturbation Tips for Guys (Part 4):
control matters applying to persons or things in
general
Sadly, even after decades of women's lib, men are
The subject matter of the resolution in CAB does not encouraged to be more open and expressive with
merely temporarily affect the people of Morong for it their sexuality than women are. The downside is that
directs a permanent rule of conduct or government. fewer women feel comfortable discussing or
Its inclusion as part of SSEZ has far reaching engaging in masturbation; the upside is that most
implications in the governance of its people. It is not men are really, really good at masturbating and need
material that the decision of the municipality came in little encouragement to do so.
the form of a resolution for what matters is its
enduring effect on the welfare of the people of At MyPleasure, we firmly believe (and sexuality
Morong. experts will concur) that there is really no such thing
as "too much" masturbation. If it feels good, do it
From class notes: once a day, five times a day, twice a week or
Can people file an initiative to rescind a contract semiannually. Only you can decide how much self-
entered into by an LGU? It depends. stimulation is right for you. However, if you are
“within the competence of the sanggunian” -> if worried that you masturbate too much, you may
contract needs approval of the sanggu, may be want to reflect on your motives. Are you engaging in
coverd by initiative; but if purely executive function, solo sex for healthy reasons, such as pleasure, stress
maybe not. release, celebration or sexual release? Do you
Look at whether the sanggunian has a role to play. enjoying it when you masturbate, or are you doing it
to avoid something? If you are able to eat, sleep,
work or engage in any other activities you enjoy
SBMA v. COMELEC (1996) without constantly thinking about or engaging in
masturbation, then you're perfectly fine. Masturbate
Continuation of Garcia case… all you want! Otherwise, back off for awhile, see a
COMELEC promulgated Resolution 2848 providing therapist and get to know yourself a little better.
for the rules and guidelines to govern the conduct of
the referendum proposing to annul or repeal If your partner is disturbed by your masturbation
Resolution 10 of the SB of Morong. practices, including technique or frequency, gently
encourage him or her to leave it alone. Masturbation
Held: The COMELEC committed grave abuse of is not a replacement for sex. Just because you are
discretion in promulgating Resolution 2848. The
masturbating does not necessarily mean that your
process started by private respondents was an
partner is failing to meet your sexual needs. People
INITIATIVE but COMELEC made preparations for a
masturbate for all kinds of reasons! If there is a
referendum only.
relationship problem, talk it out, buy a
communication book, or see a couples therapist.
Otherwise, it's perfectly healthy, normal and positive 1987 Constitution, Article X
for both partners to masturbate. Finally, encourage
your partner to masturbate with you; this can be a Sec3. The Congress shall enact a local government
huge turn-on for both of you. code which shall provide for a more responsive and
accountable local government structure instituted
Most men masturbate by wrapping their fingers through a system of decentralization with effective
around their erect penis and stroking it up and down mechanisms of recall, initiative, and referendum,
until they ejaculate. Sounds boring, doesn't it? allocate among the different local government units
Centuries of practice assure us otherwise, but you their powers, responsibilities, and resources, and
can still add a little variety. While male masturbation provide for the qualifications, election, appointment
tends to be focused on the penis, many men really and removal, term, salaries, powers and functions
and duties of local officials, and all other matters
enjoy stimulating other areas, such as the testicles,
relating to the organization and operation of local
anus, prostate, inner thighs or nipples. If you haven't
units.
tried stroking one of these areas while you
masturbate, give it a go. You might really like it! You Sec5. Each local government unit shall have the
can also try one of the following techniques: power to create its own sources of revenues and to
- Try a variance of your "regular" program by levy taxes, fees, and charges subject to such
using your non-dominant hand. guidelines and limitations as the Congress may
- Lube up and use both hands at once in a provide, consistent with the basic policy of local
pumping motion along your shaft. autonomy. Such taxes, fees, and charges shall
- Encircle your penis with your thumb and accrue exclusively to the local governments.
forefinger positioned in a ring, and stroke it up
and down your shaft. When you get to the top, Sec6. Local government units shall have a just share,
close the ring, then squeeze your way in as you as determined by law, in the national taxes which
slide back down to the bottom of your shaft. shall be automatically released to them.
- With one hand, stroke your penis from top to
the bottom. When you reach the base, release it. Sec7. Local governments shall be entitled to an
Meanwhile do the same thing with your other equitable share in the proceeds of the utilization
hand, over and over again, alternating hands. and development of the national wealth within their
Develop a rhythm! respective areas, in the manner provided by law,
- Place your hands on either side of your shaft including sharing the same with the inhabitants by
way of direct benefits.
and start spinning it like it's a stick of wood
you're trying to start a fire with. Proceed gently,
you want gentle friction, not burning flames!
See also Secs. 128-196
- "Force" your penis into your closed fist as
though you are penetrating it. Repeat the motion (Note: I didn’t include these provisions because they
with your other hand, interchanging hands at the were not assigned in the course outline and they
are long, but you may want to take a look at them
end of each stroke.
anyway. – Corina )
- Use your open palm to swirl around the
head of your penis, the way your tongue would
lick an ice cream cone.
RA 7643 (1992) – An Act To Empower The
- Turn the head of his penis like a you're
Commissioner Of Internal Revenue To Require
trying to open a door knob coated with grease. The Payment Of The Value-Added Tax Every
Now try turning the other way. Repeat. Month And To Allow Local Government Units To
(continued…) Share In Vat Revenue, Amending For This
Purpose Certain Sections Of The National Internal
Revenue Code
Held: Petitioner failed to exhaust administrative Held: The ordinance is ultra vires and is not within
remedies. The legal questions raised by petitioner the authority of the city to impose. The authority of
require proof of facts for their resolution. The action the city is limited to the imposition of a percentage tax
before the CA was thus premature. on the gross sales or receipts of said product. The
tax being imposed under said ordinance is based on
It is the Sec. of Justice who can take cognizance of a the output or production and not on the gross sales or
case involving the constitutionality or legality of tax receipts.
ordinances where, as in this case, there are factual
issues involved. The ordinance cannot be considered valid on the
ground that the Minister of Finance failed to take
There need be no fear that compliance with the rule action within the prescribed period. There is no
on exhaustion will unduly delay resort to courts. Sec. authority under the Local Tax Code for the conclusion
187 requires the Sec. to render a decision within 60 that since the minister failed to act or otherwise
suspend the effectivity of the tax ordinance within 120
days from receipt of a copy thereof, said ordinance is The legality of the ordinance was never questioned
valid and remains in force. By the Sec.’s failure to by the CA. What the CA questioned was the
act, it does not follow as a legal consequence that an assessment and not the ordinance itself. A reading of
otherwise invalid ordinance is thereby validated. the ordinance, which is a practically a reproduction of
Section 138 of the LGC limits the province’s rights to
The presented period for review is only directory and public land extractions. Bulacan may not invoke the
the Sec. may still review the ordinance and act Regalian doctrine to extend coverage of their
accordingly even after the lapse of the said period ordinance, for taxes, being burdens, are not to be
provided he acts within a reasonable time. Same presumed beyond what the applicable statute
goes for the provincial and city treasurers. expressly and clearly declares.
The provincial ordinance of Bulacan provides that a Held: FPIC falls under the definition of a common
tax of 10% of the fair market value will be imposed carrier under the CC. It is engaged in the business of
per cubic meter of stones, sand and other quarry transporting or carrying foods, i.e. petroleum
resources extracted from public lands. The provincial products, for hire as a public employment. It
treasurer assessed Republic Cement taxes for undertakes to carry for all persons indifferently, that
extracting materials from several parcels of private is, to all persons who choose to employ its services,
land. and transports the goods by land and for
compensation.
Held: The province had no authority to impose taxes
on materials extracted from private lands. Section Since FPIC is a common carrier, it is exempt from the
138 of the LGC expressly prohibits the province from business tax as provided in Sec. 133. The legislative
imposing taxes on stones, etc extracted from private intent in excluding from the taxing power of the LGU
lands. Section 133 of the LGC also prohibits the the imposition of business tax against common
province from levying excise taxes like the one carriers is to prevent a duplication of the so-called
imposed in the CAB. “common carrier’s tax.”
NIRC levies a tax on all quarry resources, regardless Now FPIC is already paying 3% common carrier’s tax
of origin, whether extracted from public or private on its gross sales/earnings under the NIRC. To tax
lands. The province was only expressly allowed to petitioner again on its gross receipts in its
levy such tax on extractions from public lands thru transportation of petroleum business would defeat
the LGC provision. The court therefore did not the purpose of the LGC.
unjustly deprive them of the power to create sources
of revenue, their assessment of tax against Republic
being ultra vires.
Palma Development Corp. v. Municipality of (e) The proceeds from the amusement tax shall be
Malangas (2003) shared equally by the province and the municipality
where such amusement places are located.
A service fee imposed on vehicles using municipal
roads leading to the wharf is valid. By express Sec141. Annual Fixed Tax For Every Delivery
language of Secs 153 and 155 of LGC, LGU’s, Truck or Van of Manufacturers or Producers,
through their SP/SB, may prescribe the terms and Wholesalers of, Dealers, or Retailers in, Certain
conditions for the imposition of toll fees or charges for Products. —
the use of any public road, pier or wharf funded and (a) The province may levy an annual fixed tax for
constructed by them. every truck, van or any vehicle used by
manufacturers, producers, wholesalers, dealers or
But wharfage labeled as a service fee “for police retailers in the delivery or distribution of distilled
surveillance on all goods” is not valid. Section 133(e) spirits, fermented liquors, soft drinks, cigars and
of LGC prohibits the imposition, in the guise of cigarettes, and other products as may be
wharfage, of fees -- as well as all other taxes or determined by the sangguniang panlalawigan, to
charges in any form whatsoever -- on goods or sales outlets, or consumers, whether directly or
merchandise. It is therefore irrelevant if the fees indirectly, within the province in an amount not
imposed are actually for police surveillance on the exceeding Five hundred pesos (P500.00).
goods, because any other form of imposition on (b) The manufacturers, producers, wholesalers,
goods passing through the territorial jurisdiction of the dealers and retailers referred to in the immediately
municipality is clearly prohibited by Section 133(e). foregoing paragraph shall be exempt from the tax
on peddlers prescribed elsewhere in this Code.
Wharfage: a fee assessed against the cargo of a
vessel engaged in foreign or domestic trade based Sec150. Situs of the Tax. —
on quantity, weight, or measure received and/or (a) For purposes of collection of the taxes under
discharged by vessel. Section 143 of this Code, manufacturers,
assemblers, repackers, brewers, distillers, rectifiers
From class notes: and compounders of liquor, distilled spirits and
Prohibition limited to goods, not use of the road wines, millers, producers, exporters, wholesalers,
distributors, dealers, contractors, banks and other
financial institutions, and other businesses,
maintaining or operating branch or sales outlet
Amusement Taxes elsewhere shall record the sale in the branch or
sales outlet making the sale or transaction, and the
Sec140. Amusement Tax. — tax thereon shall accrue and shall be paid to the
(a) The province may levy an amusement tax to be municipality where such branch or sales outlet is
collected from the proprietors, lessees, or operators located. In cases where there is no such branch or
of theaters, cinemas, concert halls, circuses, sales outlet in the city or municipality where the
boxing stadia, and other places of amusement at a sale or transaction is made, the sale shall be duly
rate of not more than thirty percent (30%) of the recorded in the principal office and the taxes due
gross receipts from admission fees. shall accrue and shall be paid to such city or
(b) In the case of theaters or cinemas, the tax shall municipality.
first be deducted and withheld by their proprietors, (b) The following sales allocation shall apply to
lessees, or operators and paid to the provincial manufacturers, assemblers, contractors, producers,
treasurer before the gross receipts are divided and exporters with factories, project offices, plants,
between said proprietors, lessees, or operators and and plantations in the pursuit of their business:
the distributors of the cinematographic films. (1) Thirty percent (30%) of all sales recorded in the
(c) The holding of operas, concerts, dramas, principal office shall be taxable by the city or
recitals, painting and art exhibitions, flower shows, municipality where the principal office is
musical programs, literary and oratorical located; and
presentations, except pop, rock, or similar concerts (2) Seventy percent (70%) of all sales recorded in
shall be exempt from the payment of the tax hereon the principal office shall be taxable by the city
imposed. or municipality where the factory, project
(d) The sangguniang panlalawigan may prescribe office, plant, or plantation is located.
the time, manner, terms and conditions for the (c) In case of a plantation located at a place other
payment of tax. In case of fraud or failure to pay the than the place where the factory is located, said
tax, the sangguniang panlalawigan may impose seventy percent (70%) mentioned in subparagraph
such surcharges, interest and penalties as it may (b) of subsection (2) above shall be divided as
deem appropriate. follows:
(1) Sixty percent (60%) to the city or municipality Proprietors, operators and lessees of theaters or
where the factory is located; and cinemas who fail to remit the amusement tax
(2) Forty percent (40%) to the city or municipality proceeds within the prescribed period shall be
where the plantation is located. liable to a surcharge equivalent to five percent (5%)
(d) In cases where a manufacturer, assembler, of the amount due for each month of delinquency
producer, exporter or contractor has two (2) or which shall be paid to the Council.
more factories, project offices, plants, or plantations
located in different localities, the seventy percent Sec15. Enforcement. — For purposes of
(70%) sales allocation mentioned in subparagraph implementing the previous Section, the Council
(b) of subsection (2) above shall be prorated may:
among the localities where the factories, project 1. Impose administrative fines and penalties of not
offices, plants, and plantations are located in more than One hundred thousand pesos
proportion to their respective volumes of production (P100,000.00) for the violation of any provision of
during the period for which the tax is due. this Act and/or its implementing rules and
(e) The foregoing sales allocation shall be applied regulations issued by the Council;
irrespective of whether or not sales are made in the 2. Cause or initiate the criminal or administrative
locality where the factory, project office, plant, or prosecution of violators of this Act and its
plantation is located. implementing rules and regulations. For this
purpose, the Council is hereby given the power to
issue subpoena duces tecum and enlist the
RA 9167 (2002) – An Act Creating The Film assistance or services of the Department of Justice
Development Council Of The Philippines, or the Office of the Solicitor General;
Defining Its Powers And Functions, Appropriating 3. Cause the closure of any theater or cinema that
Funds Therefor, And For Other Purposes fails or unreasonably refuses to remit the tax
collected on a graded film for a period not
Sec13. Privileges of Graded Films. — Films which exceeding fifteen (15) days after which such period
have obtained an "A" or "B" grading from the shall be automatically lifted without prejudice to the
Council pursuant to Sections 11 and 12 of this Act right of the Council to cause or initiate criminal or
shall be entitled to the following privileges: administrative prosecution against the erring
a. Amusement tax reward. — A grade "A" or "B" theater or cinema owners pursuant to paragraph 2
film shall entitle its producer to an incentive of this section;
equivalent to the amusement tax imposed and 4. Call upon representatives of the different
collected on the graded films by cities and government agencies and other various
municipalities in Metro Manila and other highly associations in the movie industry to help ensure
urbanized and independent component cities in the compliance with the provisions of this Act and its
Philippines pursuant to Sections 140 and 151 of implementing rules and regulations.
Republic Act No. 7160 at the following rates: For this purpose, the Council may constitute Local
1. For grade "A" films — 100% of the amusement Regulatory Council or Councils in the cities and
tax collected on such films; and municipalities throughout the country composed of
2. For grade "B" films — 65% of the amusement representatives from the government and from the
tax collected on such films. The remaining private sector as may be appropriate to implement
thirty-five (35%) shall accrue to the funds of the purposes and objectives of this Act and its
the Council. implementing rules and regulations and they shall
serve without compensation and only for such
Sec14. Amusement Tax Deduction and period of time as the Chairperson shall determine;
Remittances. — All revenue from the amusement 5. To deputize any law enforcement agency and
tax on the graded film which may otherwise accrue instrumentality of the government for assistance in
to the cities and municipalities in Metropolitan the implementation and enforcement of its
Manila and highly urbanized and independent functions and orders.
component cities in the Philippines pursuant to
Section 140 of Republic Act No. 7160 during the
period the graded film is exhibited, shall be
deducted and withheld by the proprietors, operators
or lessees of theatres or cinemas and remitted
within thirty (30) days from the termination of the
exhibition to the Council which shall reward the
corresponding amusement tax to the producers of PBA v. CA (2000)
the graded film within fifteen (15) days from receipt
thereof.
PBA claims that the power to collect amusement (a) Batas Pambansa Blg. 337, otherwise known as
taxes has been transferred from the national to the the Local Government Code, Executive Order No.
local governments. 112 (1987), and Executive Order No. 319 (1988)
are hereby repealed.
Held: The authority to tax professional basketball (b) Presidential Decree Nos. 684, 1191, 1508 and
games is NOT INCLUDED in §13 of the Local Tax such other decrees, orders, instructions,
Code, the same is expressly embraced in §44 of memoranda and issuances related to or concerning
PD1959, w/c provides: the barangay are hereby repealed.
Amusement taxes – There shall be collected (c) The provisions of Sections 2, 3, and 4 of
from the proprietor, lessee, or operator of … Republic Act No. 1939 regarding hospital fund;
professional basketball games …a tax Section 3, a (3) and b (2) of Republic Act No. 5447
equivalent to (4) Fifteen percentum [of their regarding the Special Education Fund; Presidential
gross receipts] …in lieu of all other percentage Decree No. 144 as amended by Presidential
taxes of whatever nature and description. Decree Nos. 559 and 1741; Presidential Decree
Under the principle of ejusdem generis, the phrase No. 231 as amended; Presidential Decree No. 436
“other places of amusement” in §13 must pertain to as amended by Presidential Decree No. 558; and
artistic forms of entertainment, which is the common Presidential Decree Nos. 381, 436, 464, 477, 526,
characteristic of the enumeration “theaters, 632, 752, and 1136 are hereby repealed and
cinematographs, concert halls and circuses” prior to rendered of no force and effect.
the phrase. Professional basketball does not pertain (d) Presidential Decree No. 1594 is hereby
to the arts, but caters to sports and gaming. repealed insofar as it governs locally-funded
Therefore, it is not covered by the general phrase. projects.
(e) The following provisions are hereby repealed or
From class notes: amended insofar as they are inconsistent with the
This is still good law, although the LGC now includes provisions of this Code: Sections 2, 16 and 29 of
“boxing stadia”. Presidential Decree No. 704; Section 12 of
The LGU can still tax advertisements by PBA. Presidential Decree No. 87, as amended; Section
52, 53, 66, 67, 68, 69, 70, 71, 72, 73, and 74 of
Presidential Decree No. 463, as amended; and
Franchise Taxes Section 16 of Presidential Decree No. 972, as
amended, and
(f) All general and special laws, acts, city charters,
Sec137. Franchise Tax. — Notwithstanding any
decrees, executive orders, proclamations and
exemption granted by any law or other special law,
administrative regulations, or part or parts thereof
the province may impose a tax on businesses
which are inconsistent with any of the provisions of
enjoying a franchise, at the rate not exceeding fifty
this Code are hereby repealed or modified
percent (50%) of one percent (1%) of the gross
accordingly.
annual receipts for the preceding calendar year
based on the incoming receipt, or realized, within
its territorial jurisdiction.
In the case of a newly started business, the tax MERALCO v. Province of Laguna (1999)
shall not exceed one-twentieth (1/20) of one
percent (1%) of the capital investment. In the Meralco can be taxed by the province. The LGC
succeeding calendar year, regardless of when the explicitly authorizes provincial governments,
business started to operate, the tax shall be based notwithstanding “any exemptions granted by any law
on the gross receipts for the preceding calendar or other special law…(to) impose a tax on businesses
year, or any fraction thereon, as provided herein. enjoying a franchise.” Indicative of the legislative
intent to vest broad tax powers to LGU's, the LGC
Sec193. Withdrawal of Tax Exemption Privileges. has effectively withdrawn tax exemptions or
— Unless otherwise provided in this Code, tax incentives enjoyed by certain entities. In addition, the
exemptions or incentives granted to, or presently LGC also contains a general repealing clause in
enjoyed by all persons, whether natural or juridical, Section 534.
including government-owned or controlled
corporations, except local water districts, The phrase "in lieu of all taxes" in a franchise have to
cooperatives duly registered under R.A. No. 6938, give way to the peremptory language of the LGC
non-stock and non-profit hospitals and educational specifically providing for the withdrawal of
institutions, are hereby withdrawn upon the exemptions from local taxation.
effectivity of this Code.
While the SC has frequently referred to tax
Sec534. Repealing Clause. — exemptions contained in special franchises as being
in the nature of contracts and a part of the incorporation, or a charter pursuant to a special law
inducement for carrying on the franchise, these creating the corporation.
exemptions are far from being strictly contractual in
nature. A franchise partakes the nature of a grant Secondary Franchise: refers to the right or
which is beyond the purview on the non-impairment privileges conferred upon an existing corporation
clause of the Constitution. What is covered by the such as the right to use the streets of a municipality
term "contractual tax exemption" and under the to lay pipes of tracks, erect poles or string wires. It is
purview of non-impairment of contracts: those within this context that the phrase "tax on businesses
agreed to by taxing authority in contracts such as enjoying a franchise" in section 137 of the LGC
government bonds / debentures, lawfully entered should be interpreted and understood. To determine
into by the parties under enabling laws in which whether NPC is covered by the franchise tax in
the government waives its governmental immunity question, the following requisites should concur:
from suit.
that petitioner has a "franchise" in the sense of a
secondary or special franchise;
PLDT v. City of Davao (2001) that it is exercising its rights or privileges under
this franchise within the territory of the city gov’t.
PLDT is liable for the local franchise tax. Section 137 NPC satisfies both requisites.
does not state that it covers future exemptions. The
grant of taxing powers to LGU's in the consti and the As to the contention that it should be excluded
LGC does not affect the power of Congress to grant because its stocks are wholly owned by the National
exemptions in the future. The only legal effect of the Government, a franchise tax is imposed based not on
constitutional grant to local governemnts: in the ownership but on the exercise by the corporation
interpreting statutory provisions on municipal taxing of a privilege to do business. The taxable entity is the
powers, doubts should be resolved in favor of corporation which exercises the franchise, and not
municipal corporations. the individual stockholders.
Under the present LGC, the doctrine in Basco vs. CHAPTER I: General Provisions
PAGCOR no longer applies. In enacting the LGC, Sec197. Scope. — This Title shall govern the
Congress exercised its prerogative to tax administration, appraisal, assessment, levy and
instrumentalities and agencies of government as it collection of real property tax.
sees fit.
Sec198. Fundamental Principles. — The appraisal,
NPC fulfilled the requisites to be subject to Franchise assessment, levy and collection of real property tax
tax. A franchise tax is "a tax on the privilege of shall be guided by the following fundamental
transacting business in the state and exercising principles:
corporate franchises granted by the state." (a) Real property shall be appraised at its
current and fair market value;
Primary Franchise: relates to the right to exist as a (b) Real property shall be classified for
corporation, by virtue of duly approved articles of assessment purposes on the basis of its actual
use;
(c) Real property shall be assessed on the basis and labor, which is intended to enhance its value,
of a uniform classification within each local beauty or utility or to adapt it for new or further
government unit; purposes;
(d) The appraisal, assessment, levy and (n) "Industrial Land" is land devoted principally to
collection of real property tax shall not be let to any industrial activity as capital investment and is not
private person; and classified as agricultural, commercial, timber,
(e) The appraisal and assessment of real mineral or residential land;
property shall be equitable. (o) "Machinery" embraces machines, equipment,
mechanical contrivances, instruments, appliances
Sec199. Definitions. — When used in this Title: or apparatus which may or may not be attached,
(a) "Acquisition Cost" for newly-acquired permanently or temporarily, to the real property. It
machinery not yet depreciated and appraised within includes the physical facilities for production, the
the year of its purchase, refers to the actual cost of installations and appurtenant service facilities,
the machinery to its present owner, plus the cost of those which are mobile, self-powered or self-
transportation, handling, and installation at the propelled, and those not permanently attached to
present site; the real property which are actually, directly, and
(b) "Actual Use" refers to the purpose for which exclusively used to meet the needs of the particular
the property is principally or predominantly utilized industry, business or activity and which by their
by the person in possession thereof; very nature and purpose are designed for, or
(c) "Ad Valorem Tax" is a levy on real property necessary to its manufacturing, mining, logging,
determined on the basis of a fixed proportion of the commercial, industrial or agricultural purposes:
value of the property; (p) "Mineral Lands" are lands in which minerals,
(d) "Agricultural Land" is land devoted principally metallic or non-metallic, exist in sufficient quantity
to the planting of trees, raising of crops, livestock or grade to justify the necessary expenditures to
and poultry, dairying, salt making, inland fishing extract and utilize such materials;
and similar aquacultural activities, and other (q) "Reassessment" is the assigning of new
agricultural activities, and is not classified as assessed values to property, particularly real
mineral, timber, residential, commercial or industrial estate, as the result of a general, partial, or
land; individual reappraisal of the property;
(e) "Appraisal" is the act or process of (r) "Remaining Economic Life" is the period of
determining the value of property as of a specified time expressed in years from the date of appraisal
date for a specific purpose; to the date when the machinery becomes
(f) "Assessment" is the act or process of valueless;
determining the value of a property, or proportion (s) "Remaining Value" is the value
thereof subject to tax, including the discovery, corresponding to the remaining useful life of the
listing, classification, and appraisal of properties; machinery;
(g) "Assessment Level" is the percentage (t) "Replacement or Reproduction Cost" is the
applied to the fair market value to determine the cost that would be incurred on the basis of current
taxable value of the property; prices, in acquiring an equally desirable substitute
(h) "Assessed Value" is the fair market value of property, or the cost of reproducing a new replica of
the real property multiplied by the assessment the property on the basis of current prices with the
level. It is synonymous to taxable value; same or closely similar material; and
(i) "Commercial Land" is land devoted (u) "Residential Land" is land principally devoted
principally for the object of profit and is not to habitation.
classified as agricultural, industrial, mineral, timber,
or residential land; Sec200. Administration of the Real Property Tax.
(j) "Depreciated Value" is the value remaining — The provinces and cities, including the
after deducting depreciation from the acquisition municipalities within the Metropolitan Manila Area,
cost; shall be primarily responsible for the proper,
(k) "Economic Life" is the estimated period over efficient and effective administration of the real
which it is anticipated that a machinery or property tax.
equipment may be profitably utilized;
(l) "Fair Market Value" is the price at which a CHAPTER II: Appraisal and Assessment of Real
property may be sold by a seller who is not Property
compelled to sell and bought by a buyer who is not Sec201. Appraisal of Real Property. — All real
compelled to buy; property, whether taxable or exempt, shall be
(m) "Improvement" is a valuable addition to a appraised at the current and fair market value
property or an amelioration in its condition, prevailing in the locality where the property is
amounting to more than a mere repair or situated. The Department of Finance shall
replacement of parts involving capital expenditures promulgate the necessary rules and regulations for
the classification, appraisal, and assessment of real the territorial jurisdiction of the local government
property pursuant to the provisions of this Code. unit concerned. Real property shall be listed,
valued and assessed in the name of the owner or
Sec202. Declaration of real Property by the Owner administrator, or anyone having legal interest in the
or Administrator. — It shall be the duty of all property.
persons, natural or juridical, owning or (b) The undivided real property of a deceased
administering real property, including the person may be listed, valued and assessed in the
improvements therein, within a city or municipality, name of the estate or of the heirs and devisees
or their duly authorized representative, to prepare, without designating them individually; and
or cause to be prepared, and file with the undivided real property other than that owned by a
provincial, city or municipal assessor, a sworn deceased may be listed, valued and assessed in
statement declaring the true value of their property, the name of one or more co-owners: Provided,
whether previously declared or undeclared, taxable however, That such heir, devisee, or co-owner shall
or exempt, which shall be the current and fair be liable severally and proportionately for all
market value of the property, as determined by the obligations imposed by this Title and the payment
declarant. Such declaration shall contain a of the real property tax with respect to the
description of the property sufficient in detail to undivided property.
enable the assessor or his deputy to identify the (c) The real property of a corporation,
same for assessment purposes. The sworn partnership, or association shall be listed, valued
declaration of real property herein referred to shall and assessed in the same manner as that of an
be filed with the assessor concerned once every individual.
three (3) years during the period from January first (d) Real property owned by the Republic of the
(1st) to June thirtieth (30th) commencing with the Philippines, its instrumentalities and political
calendar year 1992. subdivisions, the beneficial use of which has been
granted, for consideration or otherwise, to a taxable
Sec203. Duty of Person Acquiring Real Property person, shall be listed, valued and assessed in the
or Making Improvement Thereon. — It shall also name of the possessor, grantee or of the public
be the duty of any person, or his authorized entity if such property has been acquired or held for
representative, acquiring at any time real property resale or lease.
in any municipality or city or making any
improvement on real property, to prepare, or cause Sec206. Proof of Exemption of Real Property from
to be prepared, and file with the provincial, city or Taxation. — Every person by or for whom real
municipal assessor, a sworn statement declaring property is declared, who shall claim tax exemption
the true value of subject property, within sixty (60) for such property under this Title shall file with the
days after the acquisition of such property or upon provincial, city or municipal assessor within thirty
completion or occupancy of the improvement, (30) days from the date of the declaration of real
whichever comes earlier. property sufficient documentary evidence in
support of such claim including corporate charters,
Sec204. Declaration of Real Property by the title of ownership, articles of incorporation, by-laws,
Assessor. — When any person, natural or juridical, contracts, affidavits, certifications and mortgage
by whom real property is required to be declared deeds, and similar documents.
under Section 202 hereof, refuses or fails for any If the required evidence is not submitted within the
reason to make such declaration within the time period herein prescribed, the property shall be
prescribed, the provincial, city or municipal listed as taxable in the assessment roll. However, if
assessor shall himself declare the property in the the property shall be proven to be tax exempt, the
name of the defaulting owner, if known, or against same shall be dropped from the assessment roll.
an unknown owner, as the case may be, and shall
assess the property for taxation in accordance with Sec207. Real Property Identification System. — All
the provision of this Title. No oath shall be required declarations of real property made under the
of a declaration thus made by the provincial, city or provisions of this Title shall be kept and filed under
municipal assessor. a uniform classification system to be established by
the provincial, city or municipal assessor.
Sec205. Listing of Real Property in the
Assessment Rolls. — Sec208. Notification of Transfer of Real Property
(a) In every province and city, including the Ownership. — Any person who shall transfer real
municipalities within the Metropolitan Manila Area, property ownership to another shall notify the
there shall be prepared and maintained by the provincial, city or municipal assessor concerned
provincial, city or municipal assessor an within sixty (60) days from the date of such transfer.
assessment roll wherein shall be listed all real The notification shall include the mode of transfer,
property, whether taxable or exempt, located within
the description of the property alienated, the name assessment is made pursuant to the provisions of
and address of the transferee. this Title, there shall be prepared a schedule of fair
market values by the provincial, city and municipal
Sec209. Duty of Registrar of Deeds to Appraise assessor of the municipalities within the
Assessor of Real Property Listed in Registry. — Metropolitan Manila Area for the different classes of
(a) To ascertain whether or not any real property real property situated in their respective local
entered in the Registry of Property has escaped government units for enactment by ordinance of the
discovery and listing for the purpose of taxation, the sanggunian concerned. The schedule of fair market
Registrar of Deeds shall prepare and submit to the values shall be published in a newspaper of
provincial, city or municipal assessor, within six (6) general circulation in the province, city or
months from the date of effectivity of this Code and municipality concerned or in the absence thereof,
every year thereafter, an abstract of his registry, shall be posted in the provincial capitol, city or
which shall include brief but sufficient description of municipal hall and in two other conspicuous public
the real properties entered therein, their present places therein.
owners, and the dates of their most recent transfer
or alienation accompanied by copies of Sec213. Authority of Assessor to Take Evidence.
corresponding deeds of sale, donation, or partition — For the purpose of obtaining information on
or other forms of alienation. which to base the market value of any real
(b) It shall also be the duty of the Registrar of property, the assessor of the province, city or
Deeds to require every person who shall present municipality or his deputy may summon the owners
for registration a document of transfer, alienation, of the properties to be affected or persons having
or encumbrance of real property to accompany the legal interest therein and witnesses, administer
same with a certificate to the effect that the real oaths, and take deposition concerning the property,
property subject of the transfer, alienation, or its ownership, amount, nature, and value.
encumbrance, as the case may be, has been fully
paid of all real property taxes due thereon. Failure Sec214. Amendment of Schedule of Fair Market
to provide such certificate shall be a valid cause for Values. — The provincial, city or municipal
the Registrar of Deeds to refuse the registration of assessor may recommend to the sanggunian
the document. concerned amendments to correct errors in
valuation in the schedule of fair market values. The
Sec210. Duty of Official Issuing Building Permit sanggunian concerned shall, by ordinance, act
or Certificate of Registration of Machinery to upon the recommendation within ninety (90) days
Transmit Copy to Assessor. — Any public official from receipt thereof.
or employee who may now or hereafter be required
by law or regulation to issue to any person a permit Sec215. Classes of Real Property for Assessment
for the construction, addition, repair, or renovation Purposes. — For purposes of assessment, real
of a building, or permanent improvement on land, property shall be classified as residential,
or a certificate of registration for any machinery, agricultural, commercial, industrial, mineral,
including machines, mechanical contrivances, and timberland or special.
apparatus attached or affixed on land or to another The city or municipality within the Metropolitan
real property, shall transmit a copy of such permit Manila Area, through their respective sanggunian,
or certificate within thirty (30) days of its issuance, shall have the power to classify lands as
to the assessor of the province, city or municipality residential, agricultural, commercial, industrial,
where the property is situated. mineral, timberland, or special in accordance with
their zoning ordinances.
Sec211. Duty of Geodetic Engineers to Furnish
Copy of Plans to Assessor. — It shall be the duty Sec216. Special Classes of Real Property. — All
of all geodetic engineers, public or private, to lands, buildings, and other improvements thereon
furnish free of charge to the assessor of the actually, directly and exclusively used for hospitals,
province, city or municipality where the land is cultural, or scientific purposes, and those owned
located with a white or blue print copy of each of all and used by local water districts, and government-
approved original or subdivision plans or maps of owned or controlled corporations rendering
surveys executed by them within thirty (30) days essential public services in the supply and
from receipt of such plans from the Lands distribution of water and/or generation and
Management Bureau, the Land Registration transmission of electric power shall be classified as
Authority, or the Housing and Land Use Regulatory special.
Board, as the case may be.
Sec217. Actual Use of Real Property as Basis for
Sec212. Preparation of Schedule of Fair Market Assessment. — Real property shall be classified,
Values. — Before any general revision of property valued and assessed on the basis of its actual use
regardless of where located, whoever owns it, and Over Not Over Assessment
whoever uses it. Levels
P300,000.00 45%
Sec218. Assessment Levels. — The assessment P300,000.00 500,000.00 50%
levels to be applied to the fair market value of real 500,000.00 750,000.00 55%
property to determine its assessed value shall be 750,000.00 1,000,000.00 60%
fixed by ordinances of the sangguniang 5,000,000.00 2,000,000.00 65%
panlalawigan, sangguniang panlungsod or 2,000,000.00 70%
sangguniang bayan of a municipality within the (c) On Machineries
Metropolitan Manila Area, at the rates not Class Assessment Levels
exceeding the following: Agricultural 40%
(a) On Lands: Residential 50%
CLASS ASSESSMENT LEVELS Commercial 80%
Residential 20% Industrial 80%
Agricultural 40% (d) On Special Classes: The assessment levels
Commercial 50% for all lands buildings, machineries and other
Industrial 50% improvements;
Mineral 50% Actual Use Assessment Level
Timberland 20% Cultural 15%
(b) On Buildings and Other Structures: Scientific 15%
(1) Residential Hospital 15%
Fair market Value Local water districts 10%
Over Not Over Assessment Government-owned or
Levels controlled corporations
engaged in the supply
P175,000.00 0% and distribution of water
P175,000.00 300,000.00 10% and/or generation and
300,000.00 500,000.00 20% transmission of
500,000.00 750,000.00 25% electric power 10%
750,000.00 1,000,000.00 30%
1,000,000.00 2,000,000.00 35% Sec219. General Revision of Assessment and
2,000,000.00 5,000,000.00 40% Property Classification. — The provincial, city or
5,000,000.00 10,000,000.00 50% municipal assessor shall undertake a general
10,000,000.00 60% revision of real property assessments within two (2)
(2) Agricultural years after the effectivity of this Code and every
Fair Market Value three (3) years thereafter.
Over Not Over Assessment
Levels Sec220. Valuation of Real Property. — In cases
where (a) real property is declared and listed for
P300,000.00 25% taxation purposes for the first time; (b) there is an
P300,000.00 500,000.00 30% ongoing general revision of property classification
500,000.00 750,000.00 35% and assessment; or (c) a request is made by the
750,000.00 1,000,000.00 40% person in whose name the property is declared, the
1,000,000.00 2,000,000.00 45% provincial, city or municipal assessor or his duly
2,000,000.00 50% authorized deputy shall, in accordance with the
(3) Commercial / Industrial provisions of this Chapter, make a classification,
Fair Market Value appraisal and assessment or taxpayer's valuation
Over Not Over Assessment thereon: Provided, however, That the assessment
Levels of real property shall not be increased oftener than
once every three (3) years except in case of new
P300,000.00 30% improvements substantially increasing the value of
P300,000.00 500,000.00 35% said property or of any change in its actual use.
500,000.00 750,000.00 40%
750,000.00 1,000,000.00 50% Sec221. Date of Effectivity of Assessment or
1,000,000.00 2,000,000.00 60% Reassessment. — All assessments or
2,000,000.00 5,000,000.00 70% reassessments made after the first (1st) day of
5,000,000.00 10,000,000.00 75% January of any year shall take effect on the first
10,000,000.00 80% (1st) day of January of the succeeding year:
(4) Timberland Provided, however, That the reassessment of real
Fair Market Value property due to its partial or total destruction, or to
a major change in its actual use, or to any great may be, for each year of use: Provided, however,
and sudden inflation or deflation of real property That the remaining value for all kinds of machinery
values, or to the gross illegality of the assessment shall be fixed at not less than twenty percent (20%)
when made or to any other abnormal cause, shall of such original, replacement, or reproduction cost
be made within ninety (90) days from the date any for so long as the machinery is useful and in
such cause or causes occurred, and shall take operation.
effect at the beginning of the quarter next following
the reassessment. CHAPTER III: Assessment Appeals
Sec226. Local Board of Assessment Appeals. —
Sec222. Assessment of Property Subject to Back Any owner or person having legal interest in the
Taxes. — Real property declared for the first time property who is not satisfied with the action of the
shall be assessed for taxes for the period during provincial, city or municipal assessor in the
which it would have been liable but in no case of assessment of his property may, within sixty (60)
more than ten (10) years prior to the date of initial days from the date of receipt of the written notice of
assessment: Provided, however, That such taxes assessment, appeal to the Board of Assessment
shall be computed on the basis of the applicable Appeals of the provincial or city by filing a petition
schedule of values in force during the under oath in the form prescribed for the purpose,
corresponding period. together with copies of the tax declarations and
If such taxes are paid on or before the end of the such affidavits or documents submitted in support
quarter following the date the notice of assessment of the appeal.
was received by the owner or his representative, no
interest for delinquency shall be imposed thereon; Sec227. Organization, Powers, Duties, and
otherwise, such taxes shall be subject to an interest Functions of the Local Board of Assessment
at the rate of two percent (2%) per month or a Appeals. —
fraction thereof from the date of the receipt of the (a) The Board of Assessment Appeals of the
assessment until such taxes are fully paid. province or city shall be composed of the Registrar
of Deeds, as Chairman, the provincial or city
Sec223. Notification of New or Revised prosecutor and the provincial, or city engineer as
Assessment. — When real property is assessed members, who shall serve as such in an ex officio
for the first time or when an existing assessment is capacity without additional compensation.
increased or decreased, the provincial, city or (b) The chairman of the Board shall have the
municipal assessor shall within thirty (30) days give power to designate any employee of the province
written notice of such new or revised assessment or city to serve as secretary to the Board also
to the person in whose name the property is without additional compensation.
declared. The notice may be delivered personally (c) The chairman and members of the Board of
or by registered mail or through the assistance of Assessment Appeals of the province or city shall
the punong barangay to the last known address of assume their respective positions without need of
the person to be served. further appointment or special designations
Sec224. Appraisal and Assessment of Machinery. immediately upon effectivity of this Code. They
— shall take oath or affirmation of office in the
(a) The fair market value of a brand-new prescribed form.
machinery shall be the acquisition cost. In all other (d) In provinces and cities without a provincial or
cases, the fair market value shall be determined by city engineer, the district engineer shall serve as
dividing the remaining economic life of the member of the Board. In the absence of the
machinery by its estimated economic life and Registrar of Deeds, or the provincial or city
multiplied by the replacement or reproduction cost. prosecutor, or the provincial or city engineer, or the
(b) If the machinery is imported, the acquisition district engineer, the persons performing their
cost includes freight, insurance, bank and other duties, whether in an acting capacity or as a duly
charges, brokerage, arrastre and handling, duties designated officer-in-charge, shall automatically
and taxes, plus charges at the present site. The become the chairman or member, respectively, of
cost in foreign currency of imported machinery shall the said Board, as the case may be.
be converted to peso cost on the basis of foreign
currency exchange rates as fixed by the Central Sec228. Meetings and Expenses of the Local
Bank. Board of Assessment Appeals.
(a) The Board of Assessment Appeals of the
Sec225. Depreciation Allowance for Machinery. — province or city shall meet once a month and as
For purposes of assessment, a depreciation often as may be necessary for the prompt
allowance shall be made for machinery at a rate disposition of appealed cases. No member of the
not exceeding five percent (5%) of its original cost Board shall be entitled to per diems or traveling
or its replacement or reproduction cost, as the case expenses for his attendance in Board meetings,
except when conducting an ocular inspection in The chairman of the Board of Assessment Appeals
connection with a case under appeal. shall have the salary grade equivalent to the rank
(b) All expenses of the Board shall be charged of Director III under the Salary Standardization Law
against the general fund of the province or city, as exclusive of allowances and other emoluments.
the case may be. The sanggunian concerned shall The members of the Board shall have the salary
appropriate the necessary funds to enable the grade equivalent to the rank of Director II under the
Board in their respective localities to operate Salary Standardization Law exclusive of
effectively. allowances and other emoluments. The Board shall
Sec229. Action by the Local Board of Assessment have appellate jurisdiction over all assessment
Appeals. — cases decided by the Local Board of Assessment
(a) The Board shall decide the appeal within one Appeals.
hundred twenty (120) days from the date of receipt There shall be Hearing Officers to be appointed by
of such appeal. The Board, after hearing, shall the Central Board of Assessment Appeals pursuant
render its decision based on substantial evidence to civil service laws, rules and regulations, one
or such relevant evidence on record as a each for Luzon, Visayas and Mindanao, who shall
reasonable mind might accept as adequate to hold office in Manila, Cebu City and Cagayan de
support the conclusion. Oro City, respectively, and who shall serve for a
(b) In the exercise of its appellate jurisdiction, term of six (6) years, without reappointment until
the Board shall have the power to summon their successors have been appointed and
witnesses, administer oaths, conduct ocular qualified. The Hearing Officers shall have the same
inspection, take depositions, and issue subpoena qualifications as that of the Judges of the Municipal
and subpoena duces tecum. The proceedings of Trial Courts.
the Board shall be conducted solely for the purpose The Central Board Assessment Appeals, in the
of ascertaining the facts without necessarily performance of its powers and duties, may
adhering to technical rules applicable in judicial establish and organize staffs, offices, units,
proceedings. prescribe the titles, functions and duties of their
(c) The secretary of the Board shall furnish the members and adopt its own rules and regulations.
owner of the property or the person having legal Unless otherwise provided by law, the annual
interest therein and the provincial or city assessor appropriations for the Central Board of Assessment
with a copy of the decision of the Board. In case Appeals shall be included in the budget of the
the provincial or city assessor concurs in the Department of Finance in the corresponding
revision or the assessment, it shall be his duty to General Appropriations Act.
notify the owner of the property or the person
having legal interest therein of such fact using the Sec231. Effect of Appeal on the Payment of Real
form prescribed for the purpose. The owner of the Property Tax. — Appeal on assessments of real
property or the person having legal interest therein property made under the provisions of this Code
or the assessor who is not satisfied with the shall, in no case, suspend the collection of the
decision of the Board, may, within thirty (30) days corresponding realty taxes on the property involved
after receipt of the decision of said Board, appeal to as assessed by the provincial or city assessor,
the Central Board of Assessment Appeals, as without prejudice to subsequent adjustment
herein provided. The decision of the Central Board depending upon the final outcome of the appeal.
shall be final and executory.
CHAPTER IV: Imposition of Real Property Tax
Sec230. Central Board of Assessment Appeals. — Sec232. Power to Levy Real Property Tax. — A
The Central Board of Assessment Appeals shall be province or city or a municipality within the
composed of a chairman, and two (2) members to Metropolitan Manila Area my levy an annual ad
be appointed by the President, who shall serve for valorem tax on real property such as land, building,
a term of seven (7) years, without reappointment. machinery, and other improvement not hereinafter
Of those first appointed, the chairman shall hold specifically exempted.
office for seven (7) years, one member for five (5)
years, and the other member for three (3) years. Sec233. Rates of Levy. — A province or city or a
Appointment to any vacancy shall be only for the municipality within the Metropolitan Manila Area
unexpired portion of the term of the predecessor. In shall fix a uniform rate of basic real property tax
no case shall any member be appointed or applicable to their respective localities as follows:
designated in a temporary or acting capacity. The (a) In the case of a province, at the rate not
chairman and the members of the Board shall be exceeding one percent (1%) of the assessed value
Filipino citizens, at least forty (40) years old at the of real property; and
time of their appointment, and members of the Bar (b) In the case of a city or a municipality within
or Certified Public Accountants for at least ten (10) the Metropolitan Manila Area, at the rate not
years immediately preceding their appointment.
exceeding two percent (2%) of the assessed value permanent or perennial crops with at least fifty (50)
of real property. trees to a hectare shall not be considered idle
lands. Lands actually used for grazing purposes
Sec234. Exemptions from Real Property Tax. — shall likewise not be considered idle lands.
The following are exempted from payment of the (b) Lands, other than agricultural, located in a
real property tax: city or municipality, more than one thousand
(a) Real property owned by the Republic of the (1,000) square meters in area one-half (1/2) of
Philippines or any of its political subdivisions except which remain unutilized or unimproved by the
when the beneficial use thereof has been granted, owner of the property or person having legal
for consideration or otherwise, to a taxable person; interest therein.
(b) Charitable institutions, churches, parsonages Regardless of land area, this Section shall likewise
or convents appurtenant thereto, mosques, non- apply to residential lots in subdivisions duly
profit or religious cemeteries and all lands, approved by proper authorities, the ownership of
buildings, and improvements actually, directly, and which has been transferred to individual owners,
exclusively used for religious, charitable or who shall be liable for the additional tax: Provided,
educational purposes; however, That individual lots of such subdivisions,
(c) All machineries and equipment that are the ownership of which has not been transferred to
actually, directly and exclusively used by local the buyer shall be considered as part of the
water districts and government owned or controlled subdivision, and shall be subject to the additional
corporations engaged in the supply and distribution tax payable by subdivision owner or operator.
of water and/or generation and transmission of
electric power; Sec238. Idle Lands Exempt from Tax. — A province
(d) All real property owned by duly registered or city or a municipality within the Metropolitan
cooperatives as provided for under R.A. No. 6938; Manila Area may exempt idle lands from the
and additional levy by reason of force majeure, civil
(e) Machinery and equipment used for pollution disturbance, natural calamity or any cause or
control and environmental protection. circumstance which physically or legally prevents
Except as provided herein, any exemption from the owner of the property or person having legal
payment of real property tax previously granted to, interest therein from improving, utilizing or
or presently enjoyed by, all persons, whether cultivating the same.
natural or juridical, including all government-owned
or controlled corporations are hereby withdrawn Sec239. Listing of Idle Lands by the Assessor. —
upon the effectivity of this Code. The provincial, city or municipal assessor shall
make and keep an updated record of all idle lands
CHAPTER V: Special Levies on Real Property located within his area of jurisdiction. For purposes
Sec235. Additional Levy on Real Property for the of collection, the provincial, city or municipal
Special Education Fund. — A province or city, or assessor shall furnish a copy thereof to the
a municipality within the Metropolitan Manila Area, provincial or city treasurer who shall notify, on the
may levy and collect an annual tax of one percent basis of such record, the owner of the property or
(1%) on the assessed value of real property which person having legal interest therein of the
shall be in addition to the basic real property tax. imposition of the additional tax.
The proceeds thereof shall exclusively accrue to
the Special Education Fund (SEF). Sec240. Special Levy by Local Government Units.
— A province, city or municipality may impose a
Sec236. Additional Ad Valorem Tax on Idle Lands. special levy on the lands comprised within its
— A province or city, or a municipality within the territorial jurisdiction specially benefited by public
Metropolitan Manila Area, may levy an annual tax works projects or improvements funded by the local
on idle lands at the rate not exceeding five percent government unit concerned: Provided, however,
(5%) of the assessed value of the property which That the special levy shall not exceed sixty percent
shall be in addition to the basic real property tax. (60%) of the actual cost of such projects and
improvements, including the costs of acquiring land
Sec237. Idle Lands, Coverage. — For purposes of and such other real property in connection
real property taxation, idle lands shall include the therewith: Provided, further, That the special levy
following: shall not apply to lands exempt from basic real
(a) Agricultural lands, more than one (1) hectare property tax and the remainder of the land portions
in area, suitable for cultivation, dairying, inland of which have been donated to the local
fishery, and other agricultural uses, one-half (1/2) of government unit concerned for the construction of
which remain uncultivated or unimproved by the such projects or improvements.
owner of the property or person having legal
interest therein. Agricultural lands planted to
Sec241. Ordinance Imposing a Special Levy. — A Sec246. Date of Accrual of Tax. — The real
tax ordinance imposing a special levy shall property tax for any year shall accrue on the first
describe with reasonable accuracy the nature, day of January and from that date it shall constitute
extent, and location of the public works projects or a lien on the property which shall be superior to any
improvements to be undertaken, state the other lien, mortgage, or encumbrance of any kind
estimated cost thereof, specify the metes and whatsoever, and shall be extinguished only upon
bounds by monuments and lines and the number of the payment of the delinquent tax.
annual installments for the payment of the special
levy which in no case shall be less than five (5) nor Sec247. Collection of Tax. — The collection of the
more than ten (10) years. The sanggunian real property tax with interest thereon and related
concerned shall not be obliged, in the expenses, and the enforcement of the remedies
apportionment and computation of the special levy, provided for in this Title or any applicable laws,
to establish a uniform percentage of all lands shall be the responsibility of the city or municipal
subject to the payment of the tax for the entire treasurer concerned.
district, but it may fix different rates for different The city or municipal treasurer may deputize the
parts or sections thereof, depending on whether barangay treasurer to collect all taxes on real
such land is more or less benefited by proposed property located in the barangay: Provided, That
work. the barangay treasurer is properly bonded for the
purpose: Provided, further, That the premium on
Sec242. Publication of Proposed Ordinance the bond shall be paid by the city or municipal
Imposing a Special Levy. — Before the government concerned.
enactment of an ordinance imposing a special levy,
the sanggunian concerned shall conduct a public Sec248. Assessor to Furnish Local Treasurer with
hearing thereon; notify in writing the owners of the Assessment Roll. — The provincial, city or
real property to be affected or the persons having municipal assessor shall prepare and submit to the
legal interest therein as to the date and place treasurer of the local government unit, on or before
thereof and afford the latter the opportunity to the thirty-first (31st) day of December each year, an
express their positions or objections relative to the assessment roll containing a list of all persons
proposed ordinance. whose real properties have been newly assessed
or reassessed and the values of such properties.
Sec243. Fixing the Amount of Special Levy. — The
special levy authorized herein shall be apportioned, Sec249. Notice of Time for Collection of Tax. —
computed, and assessed according to the The city or municipal treasurer shall, on or before
assessed valuation of the lands affected as shown the thirty-first (31st) day of January each year, in
by the books of the assessor concerned, or its the case of the basic real property tax and the
current assessed value as fixed by said assessor if additional tax for the Special Education Fund (SEF)
the property does not appear of record in his or any other date to be prescribed by the
books. Upon the effectivity of the ordinance sanggunian concerned in the case of any other tax
imposing special levy, the assessor concerned levied under this title, post the notice of the dates
shall forthwith proceed to determine the annual when the tax may be paid without interest at a
amount of special levy assessed against each conspicuous and publicly accessible place at the
parcel of land comprised within the area especially city or municipal hall. Said notice shall likewise be
benefited and shall send to each landowner a published in a newspaper of general circulation in
written notice thereof by mail, personal service or the locality once a week for two (2) consecutive
publication in appropriate cases. weeks.
Sec244. Taxpayer's Remedies Against Special Sec250. Payment of Real Property Taxes in
Levy. — Any owner of real property affected by a Installments. — The owner of the real property or
special levy or any person having a legal interest the person having legal interest therein may pay
therein may, upon receipt of the written notice of the basic real property tax and the additional tax for
assessment of the special levy, avail of the Special Education Fund (SEF) due thereon without
remedies provided for in Chapter 3, Title Two, Book interest in four (4) equal installments; the first
II of this Code. installment to be due and payable on or before
March Thirty-first (31st); the second installment, on
Sec245. Accrual of Special Levy. — The special or before June Thirty (30); the third installment, on
levy shall accrue on the first day of the quarter next or before September Thirty (30); and the last
following the effectivity of the ordinance imposing installment on or before December Thirty-first
such levy. (31st), except the special levy the payment of
which shall be governed by ordinance of the
CHAPTER VI: Collection of Real Property Tax sanggunian concerned.
The date for the payment of any other tax imposed (a) When the real property tax or any other tax
under this Title without interest shall be prescribed imposed under this Title becomes delinquent, the
by the sanggunian concerned. provincial, city or municipal treasurer shall
Payments of real property taxes shall first be immediately cause a notice of the delinquency to
applied to prior years delinquencies, interests, and be posted at the main hall and in a publicly
penalties, if any, and only after said delinquencies accessible and conspicuous place in each
are settled may tax payments be credited for the barangay of the local government unit concerned.
current period. The notice of delinquency shall also be published
once a week for two (2) consecutive weeks, in a
Sec251. Tax Discount for Advanced Prompt newspaper of general circulation in the province,
Payment. — If the basic real property tax and the city, or municipality.
additional tax accruing to the Special Education (b) Such notice shall specify the date upon
Fund (SEF) are paid in advance in accordance with which the tax became delinquent and shall state
the prescribed schedule of payment as provided that personal property may be distrained to effect
under Section 250, the sanggunian concerned may payment. It shall likewise state that any time before
grant a discount not exceeding twenty percent the distraint of personal property, payment of the
(20%) of the annual tax due. tax with surcharges, interests and penalties may be
made in accordance with the next following
Sec252. Payment Under Protest. — Section, and unless the tax, surcharges and
(a) No protest shall be entertained unless the penalties are paid before the expiration of the year
taxpayer first pays the tax. There shall be for which the tax is due except when the notice of
annotated on the tax receipts the words "paid under assessment or special levy is contested
protest". The protest in writing must be filed within administratively or judicially pursuant to the
thirty (30) days from payment of the tax to the provisions of Chapter 3, Title II, Book II of this
provincial, city treasurer or municipal treasurer, in Code, the delinquent real property will be sold at
the case of a municipality within Metropolitan public auction, and the title to the property will be
Manila Area, who shall decide the protest within vested in the purchaser, subject, however, to the
sixty (60) days from receipt. right of the delinquent owner of the property or any
(b) The tax or a portion thereof paid under person having legal interest therein to redeem the
protest, shall be held in trust by the treasurer property within one (1) year from the date of sale.
concerned.
(c) In the event that the protest is finally decided Sec255. Interests on Unpaid Real Property Tax. —
in favor of the taxpayer, the amount or portion of In case of failure to pay the basic real property tax
the tax protested shall be refunded to the or any other tax levied under this Title upon the
protestant, or applied as tax credit against his expiration of the periods as provided in Section
existing or future tax liability. 250, or when due, as the case may be, shall
(d) In the event that the protest is denied or upon subject the taxpayer to the payment of interest at
the lapse of the sixty day period prescribed in the rate of two percent (2%) per month on the
subparagraph (a), the taxpayer may avail of the unpaid amount or a fraction thereof, until the
remedies as provided for in Chapter 3, Title II, Book delinquent tax shall have been fully paid: Provided,
II of this Code. however, That in no case shall the total interest on
the unpaid tax or portion thereof exceed thirty-six
Sec253. Repayment of Excessive Collections. — (36) months.
When an assessment of basic real property tax, or
any other tax levied under this Title, is found to be Sec256. Remedies For The Collection Of Real
illegal or erroneous and the tax is accordingly Property Tax. — For the collection of the basic real
reduced or adjusted, the taxpayer may file a written property tax and any other tax levied under this
claim for refund or credit for taxes and interests Title, the local government unit concerned may
with the provincial or city treasurer within two (2) avail of the remedies by administrative action thru
years from the date the taxpayer is entitled to such levy on real property or by judicial action.
reduction or adjustment.
The provincial or city treasurer shall decide the Sec257. Local Governments Lien. — The basic
claim for tax refund or credit within sixty (60) days real property tax and any other tax levied under this
from receipt thereof. In case the claim for tax Title constitutes a lien on the property subject to
refund or credit is denied, the taxpayer may avail of tax, superior to all liens, charges or encumbrances
the remedies as provided in Chapter 3, Title II, in favor of any person, irrespective of the owner or
Book II of this Code. possessor thereof, enforceable by administrative or
judicial action, and may only be extinguished upon
Sec254. Notice of Delinquency in the Payment of payment of the tax and the related interests and
the Real Property Tax. — expenses.
circulation in the province, city or municipality
Sec258. Levy on Real Property. — After the where the property is located. The advertisement
expiration of the time required to pay the basic real shall specify the amount of the delinquent tax, the
property tax or any other tax levied under this Title, interest due thereon and expenses of sale, the date
real property subject to such tax may be levied and place of sale, the name of the owner of the real
upon through the issuance of a warrant on or property or person having legal interest therein,
before, or simultaneously with, the institution of the and a description of the property to be sold. At any
civil action for the collection of the delinquent tax. time before the date fixed for the sale, the owner of
The provincial or city treasurer, or a treasurer of a the real property or person havi legal interest
municipality within the Metropolitan Manila Area, as therein may stay the proceedings by paying the
the case may be, when issuing a warrant of levy delinquent tax, the interest due thereon and the
shall prepare a duly authenticated certificate expenses of sale. The sale shall be held either at
showing the name of the delinquent owner of the the main entrance of the provincial, city or
property or person having legal interest therein, the municipal building, or on the property to be sold, or
description of the property, the amount of the tax at any other place as specified in the notice of the
due and the interest thereon. The warrant shall sale.
operate with the force of a legal execution Within thirty (30) days after the sale, the local
throughout the province, city or a municipality, treasurer or his deputy shall make a report of the
within the Metropolitan Manila Area. The warrant sale to the sanggunian concerned, and which shall
shall be mailed to or served upon the delinquent form part of his records. The local treasurer shall
owner of the real property or person having legal likewise prepare and deliver to the purchaser a
interest therein, or in case he is out of the country certificate of sale which shall contain the name of
or cannot be located, the administrator or occupant the purchaser, a description of the property sold,
of the property. At the same time, written notice of the amount of the delinquent tax, the interest due
the levy with the attached warrant shall be mailed thereon, the expenses of sale and a brief
to or served upon the assessor and the Registrar of description of the proceedings: Provided, however,
Deeds of the province, city or municipality within That proceeds of the sale in excess of the
the Metropolitan Manila Area where the property is delinquent tax, the interest due thereon, and the
located, who shall annotate the levy on the tax expenses of sale shall be remitted to the owner of
declaration and certificate of title of the property, the real property or person having legal interest
respectively. therein.
The levying officer shall submit a report on the levy The local treasurer may, by ordinance duly
to the sanggunian concerned within ten (10) days approved, advance an amount sufficient to defray
after receipt of the warrant by the owner of the the costs of collection thru the remedies provided
property or person having legal interest therein. for in this Title, including the expenses of
advertisement and sale.
Sec259. Penalty for Failure to Issue and Execute
Warrant. — Without prejudice to criminal Sec261. Redemption of Property Sold. — Within
prosecution under the Revised Penal Code and one (1) year from the date of sale, the owner of the
other applicable laws, any local treasurer or his delinquent real property or person having legal
deputy who fails to issue or execute the warrant of interest therein, or his representative, shall have
levy within one (1) year from the time the tax the right to redeem the property upon payment to
becomes delinquent or within thirty (30) days from the local treasurer of the amount of the delinquent
the date of the issuance thereof, or who is found tax, including the interest due thereon, and the
guilty of abusing the exercise thereof in an expenses of sale from the date of delinquency to
administrative or judicial proceeding shall be the date of sale, plus interest of not more than two
dismissed from the service percent (2%) per month on the purchase price from
the date of sale to the date of redemption. Such
Sec260. Advertisement and Sale. — Within thirty payment shall invalidate the certificate of sale
(30) days after service of the warrant of levy, the issued to the purchaser and the owner of the
local treasurer shall proceed to publicly advertise delinquent real property or person having legal
for sale or auction the property or a usable portion interest therein shall be entitled to a certificate of
thereof as may be necessary to satisfy the tax redemption which shall be issued by the local
delinquency and expenses of sale. The treasurer or his deputy.
advertisement shall be effected by posting a notice From the date of sale until the expiration of the
at the main entrance of the provincial, city or period of redemption, the delinquent real property
municipal building, and in a publicly accessible and shall remain in possession of the owner or person
conspicuous place in the barangay where the real having legal interest therein who shall be entitled to
property is located, and by publication once a week the income and other fruits thereof.
for two (2) weeks in a newspaper of general
The local treasurer or his deputy, upon receipt from jurisdiction. The civil action shall be filed by the
the purchaser of the certificate of sale, shall local treasurer within the period prescribed in
forthwith return to the latter the entire amount paid Section 270 of this Code.
by him plus interest of not more than two percent
(2%) per month. Thereafter, the property shall be Sec267. Action Assailing Validity of Tax Sale. —
free from lien of such delinquent tax, interest due No court shall entertain any action assailing the
thereon and expenses of sale. validity or any sale at public auction of real property
or rights therein under this Title until the taxpayer
Sec262. Final Deed to Purchaser. — In case the shall have deposited with the court the amount for
owner or person having legal interest fails to which the real property was sold, together with
redeem the delinquent property as provided herein, interest of two percent (2%) per month from the
the local treasurer shall execute a deed conveying date of sale to the time of the institution of the
to the purchaser said property, free from lien of the action. The amount so deposited shall be paid to
delinquent tax, interest due thereon and expenses the purchaser at the auction sale if the deed is
of sale. The deed shall briefly state the proceedings declared invalid but it shall be returned to the
upon which the validity of the sale rests. depositor if the action fails.
Neither shall any court declare a sale at public
Sec263. Purchase of Property By the Local auction invalid by reason or irregularities or
Government Units for Want of Bidder. — In case informalities in the proceedings unless the
there is no bidder for the real property advertised substantive rights of the delinquent owner of the
for sale as provided herein, the real property tax real property or the person having legal interest
and the related interest and costs of sale the local therein have been impaired.
treasurer conducting the sale shall purchase the
property in behalf of the local government unit Sec268. Payment of Delinquent Taxes on Property
concerned to satisfy the claim and within two (2) Subject of Controversy. — In any action involving
days thereafter shall make a report of his the ownership or possession of, or succession to,
proceedings which shall be reflected upon the real property, the court may, motu propio or upon
records of his office. It shall be the duty of the representation of the provincial, city, or municipal
Registrar of Deeds concerned upon registration treasurer or his deputy, award such ownership,
with his office of any such declaration of forfeiture possession, or succession to any party to the
to transfer the title of the forfeited property to the action upon payment to the court of the taxes with
local government unit concerned without the interest due on the property and all other costs that
necessity of an order from a competent court. may have accrued, subject to the final outcome of
Within one (1) year from the date of such forfeiture, the action.
the taxpayer or any of his representative, may
redeem the property by paying to the local Sec269. Treasurer to Certify Delinquencies
treasurer the full amount of the real property tax Remaining Uncollected. — The provincial, city or
and the related interest and the costs of sale. If the municipal treasurer or their deputies shall prepare a
property is not redeemed as provided herein, the certified list of all real property tax delinquencies
ownership thereof shall be vested on the local which remained uncollected or unpaid for at least
government unit concerned. one (1) year in his jurisdiction, and a statement of
the reason or reasons for such non-collection or
Sec264. Resale of Real Estate Taken for Taxes, non-payment, and shall submit the same to the
Fees, or Charges. — The sanggunian concerned sanggunian concerned on or before December
may, by ordinance duly approved, and upon notice thirty-first (31st) of the year immediately
of not less than twenty (20) days, sell and dispose succeeding the year in which the delinquencies
of the real property acquired under the preceding were incurred, with a request for assistance in the
section at public auction. The proceeds of the sale enforcement of the remedies for collection provided
shall accrue to the general fund of the local herein.
government unit concerned.
Sec270. Periods Within Which To Collect Real
Sec265. Further Distraint or Levy. — Levy may be Property Taxes. — The basic real property tax and
repeated if necessary until the full amount due, any other tax levied under this Title shall be
including all expenses, is collected. collected within five (5) years from the date they
become due. No action for the collection of the tax,
Sec266. Collection of Real Property Tax Through whether administrative or judicial, shall be instituted
the Courts. — The local government unit after the expiration of such period. In case of fraud
concerned may enforce the collection of the basic or intent to evade payment of the tax, such action
real property tax or any other tax levied under this may be instituted for the collection of the same
Title by civil action in any court of competent
within ten (10) years from the discovery of such (d) The share of each barangay shall be
fraud or intent to evade payment. released, without need of any further action,
The period of prescription within which to collect directly to the barangay treasurer on a quarterly
shall be suspended for the time during which: basis within five (5) days after the end of each
(1) The local treasurer is legally prevented from quarter and shall not be subject to any lien or
collecting the tax; holdback for whatever purpose.
(2) The owner of the property or the person
having legal interest therein requests for Sec272. Application of Proceeds of the Additional
reinvestigation and executes a waiver in writing One Percent SEF Tax. — The proceeds from the
before the expiration of the period within which to additional one percent (1%) tax on real property
collect; and accruing to the Special Education Fund (SEF) shall
(3) The owner of the property or the person be automatically released to the local school
having legal interest therein is out of the country or boards: Provided, That, in case of provinces, the
otherwise cannot be located. proceeds shall be divided equally between the
provincial and municipal school boards: Provided,
CHAPTER VII: Disposition of Proceeds however, That the proceeds shall be allocated for
Sec271. Distribution of Proceeds. — The proceeds the operation and maintenance of public schools,
of the basic real property tax, including interest construction and repair of school buildings, facilities
thereon, and proceeds from the use, lease or and equipment, educational research, purchase of
disposition, sale or redemption of property acquired books and periodicals, and sports development as
at a public auction in accordance with the determined and approved by the Local School
provisions of this Title by the province or city or a Board.
municipality within the Metropolitan Manila Area
shall be distributed as follows: Sec273. Proceeds of the Tax on Idle Lands. — The
(a) In the case of provinces: proceeds of the additional real property tax on idle
(1) Province — Thirty-five percent (35%) shall lands shall accrue to the respective general fund of
accrue to the general fund; the province or city where the land is located. In the
(2) Municipality — Forty percent (40%) to the case of a municipality within the Metropolitan
general fund of the municipality where the property Manila Area, the proceeds shall accrue equally to
is located; and the Metropolitan Manila Authority and the
(3) Barangay — Twenty-five percent (25%) shall municipality where the land is located.
accrue to the barangay where the property is
located. Sec274. Proceeds of the Special Levy. — The
(b) In the case of cities: proceeds of the special levy on lands benefited by
(1) City — Seventy percent (70%) shall accrue public works, projects and other improvements
to the general fund of the city; and shall accrue to the general fund of the local
(2) Thirty percent (30%) shall be distributed government unit which financed such public works,
among the component barangays of the cities projects or other improvements.
where the property is located in the following
manner: CHAPTER VIII: Special Provisions
(i) Fifty percent (50%) shall accrue to the Sec275. General Assessment Revision; Expenses
barangay where the property is located; Incident Thereto. — The sanggunian of provinces,
(ii) Fifty percent (50%) shall accrue equally to all cities and municipalities within the Metropolitan
component barangays of the city; and Manila Area shall provide the necessary
(c) In the case of a municipality within the appropriations to defray the expenses incident to
Metropolitan Manila Area: the general revision of real property assessment.
(1) Metropolitan Manila Authority — Thirty-five All expenses incident to a general revision of real
percent (35%) shall accrue to the general fund of property assessment shall, by ordinance of the
the authority; sangguniang panlalawigan, be apportioned
(2) Municipality — Thirty-five percent (35% shall between the province and the municipality on the
accrue to the general fund of the municipality basis of the taxable area of the municipality
where the property is located; concerned.
(3) Barangays — Thirty percent (30%) shall be
distributed among the component barangays of the Sec276. Condonation or Reduction of Real
municipality where the property is located in the Property Tax and Interest. — In case of a general
following manner: failure of crops or substantial decrease in the price
(i) Fifty percent (50%) shall accrue to the of agricultural or agribased products, or calamity in
barangay where the property is located; any province, city or municipality, the sanggunian
(ii) Fifty percent (50%) shall accrue equally to all concerned, by ordinance passed prior to the first
component barangays of the municipality. (1st) day of January of any year and upon
recommendation of the Local Disaster Coordinating Benguet Corp. v. Central Board of Assessment
Council, may condone or reduce, wholly or partially, Appeals (1992)
the taxes and interest thereon for the succeeding
year or years in the city or municipality affected by Realty taxes are national taxes collected by LGUs.
the calamity. While LGU’s are charged with fixing the rate of real
property taxes, it does not necessarily follow from
Sec277. Condonation or Reduction of Tax by the that authority the determination of whether or not to
President of the Philippines. — The President of impose the tax. In fact, LGU’s have no alternative
the Philippines may, when public interest so but to collect taxes as mandated in Sec. 38 of the
requires, condone or reduce the real property tax Real Property Tax Code. It is thus clear that it is the
and interest for any year in any province or city or a national government, expressing itself through the
municipality within the Metropolitan Manila Area. legislative branch, that levies the real property tax.
Sec278. Duty of Registrar of Deeds and Notaries Consequently, when LGU’s are required to fix the
Public to Assist the Provincial, City or rates, they are merely constituted as agents of the
Municipal Assessor. — It shall be the duty of the national government in the enforcement of the Real
Registrar of Deeds and notaries public to furnish Property Tax Code. The delegation of taxing power is
the provincial, city or municipal assessor with not even involved here because the national
copies of all contracts selling, transferring, or government has already imposed realty tax in Sec.
otherwise conveying, leasing, or mortgaging real 38 leaving only the enforcement to be done LGU’s.
property received by, or acknowledged before
them. From class notes:
Real property tax is a national tax. – still good law?
Sec279. Insurance Companies to Furnish Yes.
Information. — Insurance companies are hereby
required to furnish the provincial, city or municipal
assessor copies of any contract or policy insurance
on buildings, structures, and improvements insured National Development Corp. v. Cebu City (1992)
by them or such other documents which may be
necessary for the proper assessment thereof. NDC is exempt from the payment of real estate
taxes on the land.
Sec280. Fees in Court Actions. — All court actions,
criminal or civil, instituted at the instance of the To come within the ambit of the exemption, it is
provincial, city or municipal treasurer or assessor important to establish that the property is owned by
under the provisions of this Code, shall be exempt the government or by its unincorporated agency.
from the payment of court and sheriff's fees. Once government ownership is determined, the
nature of the use of the property, whether for
Sec281. Fees in Registration of Papers or proprietary or sovereign purposes, becomes
Documents on Sale of Delinquent Real Property immaterial.
to Province, City or Municipality. — All
certificates, documents, and papers covering the However in CAB, what appears to have been ceded
sale of delinquent property to the province, city or to NDC is merely the administration of the property
municipality, if registered in the Registry of while the government retains ownership of what has
Property, shall be exempt from the documentary been declared reserved for warehousing purposes
stamp tax and registration fees. under the proclamation.
Sec282. Real Property Assessment Notices or As reserved land (public land that has been withheld
Owner's Copies of Tax Declarations to be and kept back from sale or disposition), it remains
Exempt from Postal Charges or Fees. — All real absolute property of the government, because the
property assessment notices or owner's copies of government does not part with its title by reserving
tax declaration sent through the mails by the them, but simply gives notice to all that it desires
assessor shall be exempt from the payment of them for a certain purpose. As its title remains with
postal charges or fees. the Republic, the reserved land is covered by the tax
exemption provision.
Sec283. Sale and Forfeiture Before Effectivity of
Code. — Tax delinquencies incurred, and sales NDC is not exempt from the payment of real
and forfeitures of delinquent real property effected, estate taxes on the warehouse.
before the effectivity of this Code shall be governed
by the provisions of applicable laws then in force A different rule applies because “the exemption of
public property from taxation does not extend to
improvements on the public lands made by Lopez should have amended complaint
preemptioners, homesteaders and other claimants at
their own expense, and these are taxable by the
state…(CJS)”. Consequently, warehouse constructed Callanta v. Office of the Ombudsman (1998)
on the reserved land by NDC should properly be
assessed real estate tax as such improvement does
A general revision of assessment was conducted by
not appear to belong to the Republic.
the Cebu City Assessor’s Office. Notices of
assessment together with the new tax declarations
From class notes: were sent to the property owners. Thereafter,
May LGU impose franchise tax on all GOCCs? Callanta et. Al., without the authority of the Local
Yes, unless the gov’t provides for a law giving Board of Assessment Appeals, reassessed the
exemption. values of certain properties, resulting in the reduction
of assessed values of the properties. Criminal and
administrative charges were then filed against
Lopez v. City of Manila (1999) Callanta and co.
Manila Ordinance 7894 taxed the land owned by Held: The aggrieved owners should have brought
Lopez to an increased 580% value, and as to the their appeals before the LBAA. Despite the advice to
improvement, by 250%. So Lopez filed an action in this effect contained in their respective notices of
court to annul the ordinance. assessment, the owners chose to bring their requests
for a review/readjustment before the city assessor, a
Later, Ordinance 7905 took effect – reducing by 50% remedy not sanctioned by the law.
the assessment levels for computation of tax due,
amending those provided by of Ordinance 7894. It If this practice was allowed, a tendency to overvalue
also provides that the amendment will have initially and thereafter to reduce the increases upon
retroactive effect. The new ordinance reduced the “request” of the property owner would occur. To avoid
tax increase on Lopez’s properties. this dubious, suspicious, bribable and compromising
situation, the law itself specifically provided an
Held: There was failure to exhaust administrative appellate body — the LBAA — before which property
remedies. Sec187, 226 and 252 of LGC provides for owners may seek relief.
the remedies to the taxpayers with regard to
questions on the legality of a tax ordinance. While PD 464 requires the local assessor to certify to
the finance secretary that the general revision has
Ordinance 7905 affects the resulting tax imposed on been finished, such certification is, however, not the
the market values of real properties specified in operative act for the effectivity of the new
Ordinance 7894. This has rendered the petition moot assessments.
and academic for failure to amend cause of action.
The facts upon which the petition was anchored no An assessment fixes and determines the tax liability
longer exist because the tax rates in Ordinance 7894 of a taxpayer. As soon as it is served, an obligation
have been amended, or impliedly repealed by arises on the part of the taxpayer concerned to pay
Ordinance 7905. the amount assessed and demanded. Thus, with
respect to real property taxes, the obligation to pay
Ordinance 7905 is favourable to the taxpayers when arises on the first day of January of the year following
it specifically states that the reduced assessment the assessment. Corollarily, on the same date, the
levels shall be applied retroactively. The reduced right of the local government to collect said taxes also
assessment levels resulted to decrease in taxes. To arises. And where the taxpayer fails to question such
that extent, the ordinance is likewise, a social assessment within the reglementary period provided
legislation intended to soften the impact of the by law, the local government’s right becomes
tremendous increase in the value of the real absolute upon the expiration of such period with
properties subject to tax. In enacting this ordinance, respect to that taxpayer’s property. In the CAB, there
the due process of law was considered by the City of is thus injury or prejudice to the city gov’t.
Manila so that the increase in realty tax will not
amount to the confiscation of the property. Ty v. Trampe (1995)
It can be noted, from the relevant laws, that Philreca v. Secretary (2003)
petitioner's non-profit character has been maintained
throughout its existence, and that petitioner is Sec. 193 and 234 of the LGC, giving tax exemptions
mandated to devote all its returns from capital to coops under RA 6938, are constitutional and not
investment and excess revenues from operations to violative of equal protection. Substantial distinctions
its expansion. On account thereof, and to enable exist between coops under PD 269 and those under
petitioner to pay its indebtedness and obligations and RA 6938:
in furtherance of the state policy on electrification and
power generation, petitioner has always been Coops under Coops under
exempted from taxes. PD 269 RA 6938
Capital Nowhere in PD Members must
The assessment and levy on as well as the sale of contribution 269 does it make equitable
the properties of petitioner were null and void for by members require coops contributions to
having been made in violation of PD 938 and the to make the capital
Real Property Tax Code. equitable required.
contributions to
The power to sell at public auction is premised on the capital.
real property tax or any portion thereof first becoming Extent of gov’t PD 269 is Under the Act,
delinquent. The properties in this case being exempt control over replete with the State shall
from payment of realty taxes, no such delinquency coops provisions maintain the
was possible to begin with. which grant the policy of
NEA, upon the noninterference
LRTA v. Central Board of Assessment Appeals happening of in the
(2000) certain events, management
the power to and operation of
Though the creation of the LRTA was impelled by control and take the cooperatives
public service its operation partakes of ordinary over the (principle of
business. LRTA is clothed with corporate status and management subsidiarity).
corporate powers in the furtherance of its proprietary and operations Coops
objectives. Given that it is engaged in a service- of coops envisioned to be
oriented commercial endeavor, its carriageways and registered self-sufficient
terminal stations are patrimonial property subject to under it. and
tax, notwithstanding its claim of being a GOCC. independent
organizations
with minimal
government intentionally and deliberately delays the
intervention or assessment of real property or the filing of any
regulation. appeal against its assessment shall, upon
conviction, be punished by a fine of not less than
The intention of the law is to broaden the tax base of Five hundred pesos (P500.00) nor more than Five
LGUs to assure them of substantial sources of thousand pesos (P5,000.00), or by imprisonment of
revenue. not less than one (1) month nor more than six (6)
months, or both such fine and imprisonment, at the
Violations of tax ordinances discretion of the court.
Sec516. Penalties for Violation of Tax Ordinances. Sec519. Failure to Dispose of Delinquent Real
— The sanggunian of a local government unit is Property at Public Auction. — The local treasurer
authorized to prescribe fines or other penalties for concerned who fails to dispose of delinquent real
violation of tax ordinances but in no case shall such property at public auction in compliance with the
fines be less than One thousand pesos (P1,000.00) pertinent provisions of this Code, and any other
nor more than Five thousand pesos (P5,000.00), local government official whose acts hinder the
nor shall imprisonment be less than one (1) month prompt disposition of delinquent real property at
nor more than six (6) months. Such fine or other public auction shall, upon conviction, be subject to
penalty, or both, shall be imposed at the discretion a fine of not less than One thousand pesos
of the court. The sangguniang barangay may (P1,000.00) nor more than Five thousand pesos
prescribe a fine of not less than One hundred (P5,000.00), or imprisonment of not less than one
pesos (P100.00) nor more than One thousand (1) month nor more than six (6) months, or both
pesos (P1,000.00). such fine and imprisonment, at the discretion of the
court.
Sec517. Omission of Property from Assessment
or Tax Rolls by Officers and Other Acts. — Any Internal Revenue Allotment
officer charged with the duty of assessing real
property who willfully fails to assess, or who Sec284. Allotment of Internal Revenue Taxes. —
intentionally omits from the assessment or tax roll Local government units shall have a share in the
any real property which he knows to be taxable, or national internal revenue taxes based on the
who willfully or negligently under assesses any real collection of the third fiscal year preceding the
property, or who intentionally violates or fails to current fiscal year as follows:
perform any duty imposed upon him by law relating (a) On the first year of the effectivity of this
to the assessment of taxable real property shall, Code, thirty percent (30%);
upon conviction, be punished by a fine of not less (b) On the second year, thirty-five percent (35%);
than One thousand pesos (P1,000.00) nor more and
than Five thousand pesos (P5,000.00), or by (c) On the third year and thereafter, forty percent
imprisonment of not less than one (1) month nor (40%).
more than six (6) months, or both such fine and Provided, That in the event that the national
imprisonment, at the discretion of the court. government incurs an unmanageable public sector
The same penalty shall be imposed upon any deficit, the President of the Philippines is hereby
officer charged with the duty of collecting the tax authorized, upon the recommendation of Secretary
due on real property who willfully or negligently fails of Finance, Secretary of Interior and Local
to collect the tax and institute the necessary Government and Secretary of Budget and
proceedings for the collection of the same. Management, and subject to consultation with the
Any other officer required by this Code to perform presiding officers of both Houses of Congress and
acts relating to the administration of the real the presidents of the "liga", to make the necessary
property tax or to assist the assessor or treasurer in adjustments in the internal revenue allotment of
such administration, who willfully fails to discharge local government units but in no case shall the
such duties shall, upon conviction be punished by a allotment be less than thirty percent (30%) of the
fine of not less than Five hundred pesos (P500.00) collection of national internal revenue taxes of the
nor more than Five thousand pesos (P5,000.00) or third fiscal year preceding the current fiscal year:
imprisonment of not less than one (1) month nor Provided, further, That in the first year of the
more than six (6) months, or both such fine and effectivity of this Code, the local government units
imprisonment, at the discretion of the court. shall, in addition to the thirty percent (30%) internal
revenue allotment which shall include the cost of
Sec518. Government Agents Delaying devolved functions for essential public services, be
Assessment of Real Property and Assessment entitled to receive the amount equivalent to the cost
Appeals. — Any government official who of devolved personal services.
government units shall be furnished the
Sec285. Allocation to Local Government Units. — Department of Interior and Local Government.
The share of local government units in the internal
revenue allotment shall be collected in the following Sec288. Rules and Regulations. — The Secretary
manner: of Finance, in consultation with the Secretary of
(a) Provinces — Twenty-three percent (23%); Budget and Management, shall promulgate the
(b) Cities — Twenty-three percent (23%); necessary rules and regulations for a simplified
(c) Municipalities — Thirty-four percent (34%); disbursement scheme designed for the speedy and
and effective enforcement of the provisions of this
(d) Barangays — Twenty percent (20%) Chapter.
Provided, however, That the share of each
province, city, and municipality shall be determined Alvarez v. Guingona
on the basis of the following formula: 1996
(a) Population — Fifty percent (50%); Santiago has met the minimum average annual
(b) Land Area — Twenty-five percent (25%); and income required to be a component city. IRAs form
(c) Equal sharing — Twenty-five percent (25%) part of the income of LGUs. They are items of income
Provided, further, That the share of each barangay because they form part of the gross accretion of the
with a population of not less than one hundred funds of the LGU. They regularly and automatically
(100) inhabitants shall not be less than Eighty accrue to the local treasury without need of any
thousand (P80,000.00) per annum chargeable further action on the part of the LGU.
against the twenty percent (20%) share of the
barangay from the internal revenue allotment, and Funds generated from local taxes, IRAs, and national
the balance to be allocated on the basis of the wealth utilization proceeds accrue to the general fund
following formula: of the local government and are used to finance its
(a) On the first year of the effectivity of this operations subject to specified modes of spending.
Code: IRAs are considered items of income, since income is
(1) Population — Forty percent (40%); and defined in the LGC to be all revenues and receipts
(2) Equal sharing — Sixty percent (60%) collected or received forming the gross accretions of
(b) On the second year: funds of the LGU.
(1) Population — Fifty percent (50%); and
(2) Equal sharing — Fifty percent (50%) Sec450(c) also provides that “the average annual
(c) On the third year and thereafter: income shall include the income accruing to the
(1) Population — Sixty percent (60%); and general fund, exclusive of special funds, transfers,
(2) Equal sharing — Forty percent (40%). and non-recurring income.” IRA’s are regular,
Provided, finally, That the financial requirements of recurring item of income. It is not a special fund or
barangays created by local government units after transfer, since IRAs have a technical definition and
the effectivity of this Code shall be the meaning all its own as used in LGC that
responsibility of the local government unit unequivocally makes it distinct from special funds or
concerned. transfers referred to when LGC speaks of “funding
support from the national government, its
instrumentalities, and GOCCs.”
Sec286. Automatic Release of Shares. —
(a) The share of each local government unit
shall be released, without need of any further From class notes:
action, directly to the provincial, city, municipal or If Congress provides less than 40% as IRA in its
barangay treasurer, as the case may be, on a general appropriations act, this is not allowed as an
quarterly basis within five (5) days after the end of amendment to the LGC.
each quarter, and which shall not be subject to any Otherwise, Congress can amend the 40% IRA of the
lien or holdback that may be imposed by the LGC by enacting laws.
national government for whatever purpose.
(b) Nothing in this Chapter shall be understood
to diminish the share of local government units
under existing laws.
Pimentel v. Aguirre (2000)
Sec287. Local Development Projects. — Each
local government unit shall appropriate in its annual
Pres. Ramos issued AO 372 entitled “Adoption of
budget no less than twenty percent (20%) of its
Economy Measures for FY 1998”.
annual internal revenue allotment for development
projects. Copies of the development plans of local
4. Section 1 directed all government departments Sec291. Share of the Local Governments from
and agencies, including LGUs, to reduce total any Government Agency or Owned or
expenditures for the year by at least 25%. Controlled Corporation. — Local government
5. Section 4 provided that the amount equivalent to units shall have a share based on the preceding
10% of the internal revenue allotment to LGUs fiscal year from the proceeds derived by any
shall be withheld pending the assessment and government agency or government-owned or
evaluation by the Development Budget controlled corporation engaged in the utilization
Coordinating Committee of the emerging fiscal and development of the national wealth based on
situation. the following formula whichever will produce a
higher share for the local government unit:
Held: Sec. 1 is valid. While the wordings of Sec. 1 (a) One percent (1%) of the gross sales or
have a rather commanding tone, and while the receipts of the preceding calendar year; or
requirements of the LGC (Sec. 284) have not been (b) Forty percent (40%) of the mining taxes,
satisfied, the directive to implement measures that royalties, forestry and fishery charges and such
will reduce total expenditures by 25% is merely other taxes, fees or charges, including related
advisory in character, and does not constitute a surcharges, interests, or fines the government
mandatory or binding order that interferes with local agency or government owned or controlled
autonomy. All concerned could do well to heed this corporation would have paid if it were not otherwise
advisory. It is understood, however, that no legal exempt.
sanction may be imposed upon LGUs and their
officials who do not follow such advice. Sec292. Allocation of Shares. — The share in the
preceding Section shall be distributed in the
Sec. 4 is not valid as it encroaches on local fiscal following manner:
autonomy. A basic feature of local fiscal autonomy is (a) Where the natural resources are located in
the automatic release of the shares of the LGUs in the province:
the national revenue. This is mandated by the (1) Province — Twenty percent (20%);
Constitution and the LGC. Although what is provided (2) Component City/Municipality — Forty-five
for in Section 4 is merely temporary (pending percent (45%); and
assessment & evaluation by DBCC), it is equivalent (3) Barangay — Thirty-five percent (35%)
to a holdback, which means “something held back or Provided, however, That where the natural
withheld, often temporarily.” Hence, the temporary resources are located in two (2) or more provinces,
nature of the retention by the national government or in two (2) or more component cities or
does not matter. Any retention is prohibited. municipalities or in two (2) or more barangays, their
respective shares shall be computed on the basis
of:
Share of LGUs in National Wealth (1) Population — Seventy percent (70%); and
(2) Land area — Thirty percent (30%)
Sec289. Share in the Proceeds from the (b) Where the natural resources are located in a
Development and Utilization of the National highly urbanized or independent component city:
Wealth. — Local government units shall have an (1) City — Sixty-five percent (65%); and
equitable share in the proceeds derived from the (2) Barangay — Thirty-five percent (35%)
utilization and development of the national wealth Provided, however, That where the natural
within their respective areas, including sharing the resources are located in such two (2) or more
same with the inhabitants by way of direct benefits. cities, the allocation of shares shall be based on
the formula on population and land area as
Sec290. Amount of Share of Local Government specified in paragraph (a) of this Section.
Units. — Local government units shall, in addition
to the internal revenue allotment, have a share of Sec293. Remittance of the Share of Local
forty percent (40%) of the gross collection derived Government Units. — The share of local
by the national government from the preceding government units from the utilization and
fiscal year from mining taxes, royalties, forestry and development of national wealth shall be remitted in
fishery charges, and such other taxes, fees, or accordance with Section 286 of this Code:
charges, including related surcharges, interests, or Provided, however, That in the case of any
fines, and from its share in any co-production, joint government agency or government-owned or
venture or production sharing agreement in the controlled corporation engaged in the utilization
utilization and development of the national wealth and development of the national wealth, such share
within their territorial jurisdiction. shall be directly remitted to the provincial, city,
municipal or barangay treasurer concerned within
five (5) days after the end of each quarter.
Sec294. Development and Livelihood Projects. — (b) A local government unit may likewise secure
The proceeds from the share of local government from any government bank and lending institution
units pursuant to this chapter shall be appropriated short, medium and long-term loans and advances
by their respective sanggunian to finance local against security of real estate or other acceptable
government and livelihood projects: Provided, assets for the establishment, development, or
however, That at least eighty percent (80%) of the expansion of agricultural, industrial, commercial,
proceeds derived from the development and house financing projects, livelihood projects, and
utilization of hydrothermal. geothermal, and other other economic enterprises.
sources of energy shall be applied solely to lower (c) Government financial and other lending
the cost of electricity in the local government unit institutions are hereby authorized to grant loans,
where such a source of energy is located. credits, and other forms of indebtedness out of their
loanable funds to local government units for
purposes specified above.
RA 7076 – An Act Creating A People's Small-Scale
Mining Program And For Other Purposes Sec298. Deferred-Payment and other Financial
Schemes. — Provincial, city and municipal
Sec19. Government Share and Allotment. — The governments may likewise acquire property, plant,
revenue to be derived by the Government from the machinery, equipment, and such necessary
operation of the mining program herein established accessories under a supplier's credit, deferred
shall be subject to the sharing provided in the Local payment plan, or either financial scheme.
Government Code.
Sec299. Bonds and Other Long-Term Securities.
— Subject to the rules and regulations of the
Central Bank and the Securities and Exchange
Credit Financing Commission, provinces, cities, and municipalities
are hereby authorized to issue bonds, debentures,
securities, collaterals, notes and other obligations
Sec295. Scope. — This Title shall govern the power
to finance self-liquidating, income-producing
of local government units to create indebtedness
development or livelihood projects pursuant to the
and to enter into credit and other financial
priorities established in the approved local
transactions.
development plan or the public investment
program. The sanggunian concerned shall, through
Sec296. General Policy. —
an ordinance approved by a majority of all its
(a) It shall be the basic policy that any local
members, declare and state the terms and
government unit may create indebtedness, and
conditions of the bonds and the purpose for which
avail of credit facilities to finance local infrastructure
the proposed indebtedness is to be incurred.
and other socio-economic development projects in
accordance with the approved local development
Sec300. Inter-Local Government Loans, Grants,
plan and public investment program.
and Subsidies. — Provinces, cities, and
(b) A local government unit may avail of credit
municipalities may, upon approval of the majority of
lines from government or private banks and lending
all members of the sanggunian concerned and in
institutions for the purpose of stabilizing local
amounts not exceeding their surplus funds, extend
finances.
loans, grants, or subsidies to other local
government units under such terms and conditions
Sec297. Loans, Credits, and Other Forms of
as may be agreed upon by the contracting parties.
Indebtedness of Local Government Units. —
Local government units may, upon approval of their
(a) A local government unit may contract loans,
respective sanggunian, jointly or severally contract
credits, and other forms of indebtedness with any
loans, credits, and other forms of indebtedness for
government or domestic private bank and other
purposes mutually beneficial to them.
lending institutions to finance the construction,
installation, improvement, expansion, operation, or
Sec301. Loans from Funds Secured by the
maintenance of public facilities, infrastructure
National Government from Foreign Sources. —
facilities, housing projects, the acquisition of real
(a) The President, or his duly authorized
property, and the implementation of other capital
representative, may, through any government
investment projects, subject to such terms and
financial or other lending institution, relend to any
conditions as may be agreed upon by the local
province, city, municipality, or barangay, the
government unit and the lender. The proceeds from
proceeds of loans contracted with foreign financial
such transactions shall accrue directly to the local
institutions or other international funding agencies
government unit concerned.
for the purpose of financing the construction,
installation, improvement, expansion, operation, or
maintenance of public utilities and facilities, (2) Upon approval by the sanggunian of the
infrastructure facilities, or housing projects, the project plans and specifications, the
acquisition of real property, and the implementation provincial, city, or municipal engineer shall,
of other capital investment projects, subject to such as the case may be, cause to be published
terms and conditions as may be agreed upon by once every week, for two (2) consecutive
the President and the local government unit. The weeks in at least one (1) local newspaper
proceeds from such loans shall accrue directly to which is circulated in the region, province,
the local government concerned. city or municipality in which the project is to
(b) The President may likewise authorize the be implemented, a notice inviting all duly
relending to local government units the proceeds of qualified contractors to participate in a public
grants secured from foreign sources, subject to the bidding for the projects so approved. The
provisions of existing laws and the applicable grant conduct of public bidding and award of
agreements. (c) Repayment or amortization of contracts for local government projects under
loans including accrued interest thereon, may be this Section shall be in accordance with this
financed partly from the income of the projects or Code and other applicable laws, rules and
services and from the regular income of the local regulations.
government unit, which must be provided for and In the case of a build-operate-and-transfer
appropriated regularly in its annual budget until the agreement, the contract shall be awarded to
loan and the interest thereon shall have been fully the lowest complying bidder whose offer is
paid. deemed most advantageous to the local
government and based on the present value
Sec302. Financing, Construction, Maintenance, of its proposed tolls, fees, rentals, and
Operation, and Management of Infrastructure charges over a fixed term for the facility to be
Projects by the Private Sector. — constructed, operated, and maintained
(a) Local government units may enter into according to the prescribed minimum design
contracts with any duly prequalified individual and performance standards, plans, and
contractor, for the financing, construction, specifications. For this purpose, the winning
operation, and maintenance of any financially contractor shall be automatically granted by
viable infrastructure facilities, under the build- the local government unit concerned the
operate-transfer agreement, subject to the franchise to operate and maintain the facility,
applicable provisions of Republic Act Numbered including the collection of tolls, fees, rentals,
Sixty-nine hundred fifty-seven (R.A. No. 6957) and charges in accordance with subsection
authorizing the financing, construction, operation (c-4) hereof.
and maintenance of infrastructure projects by the In the case of a build-operate-and-transfer
private sector and the rules and regulations issued agreement, the contract shall be awarded to
thereunder and such terms and conditions provided the lowest complying bidder based on the
in this Section. present value of its proposed schedule of
(b) Local government units shall include in their amortization payments for the facility to be
respective local development plans and public constructed according to the prescribed
investment programs priority projects that may be minimum design and performance standards,
financed, constructed, operated and maintained by plans, and specifications.
the private sector under this Section. It shall be the (3) Any contractor who shall undertake the
duty of the local government unit concerned to prosecution of any project under this Section
disclose to the public all projects eligible for shall post the required bonds to protect the
financing under this Section, including official interest of the province, city, or municipality,
notification of duly registered contractors and in such amounts as may be fixed by the
publications in newspapers of general or local sanggunian concerned and the provincial,
circulation and in conspicuous and accessible city or municipal engineer shall not, as the
public places. Local projects under the build- case may be, allow any contractor to initiate
operate-and-transfer agreement shall be confirmed the prosecution of projects under this Section
by the local development councils. unless such contractor presents proof or
(c) Projects implemented under this Section evidence that he has posted the required
shall be subject to the following terms and bond.
conditions: (4) The contractor shall be entitled to a
(1) The provincial, city or municipal engineer, as reasonable return of its investment in
the case may be, upon formal request in accordance with its bid proposal as accepted
writing by the local chief executive, shall by the local government unit concerned.
prepare the plans and specifications for the In the case of a build-operate-and-transfer
proposed projects, which shall be submitted agreement, the repayment shall be made by
to the sanggunian for approval. authorizing the contractor to charge and
collect reasonable tolls, fees, rentals, and proviso similar to that of the BOT law, the
charges for the use of the project facility not constitutional restrictions on land ownership
exceeding those proposed in the bid and automatically apply even though not expressly
incorporated in the contract: Provided, That mentioned in the LGC.
the local government unit concerned shall, Thus, to avoid direct collision of provs of the LGC and
based on reasonableness and equity, the BOT law with the provs of the Consti: If the
approve the tolls, fees, rentals and charges: contractor or developer (in the reclamation of lands)
Provided, further, That the imposition and is –
collection of tolls, fees, rentals and charges 1. a corporate entity it can only be paid with
shall be for a fixed period as proposed in the leaseholds on portions of the reclaimed land
bid and incorporated in the contract which 2. an individual s/he can be paid portions of the
shall in no case exceed fifty (50) years: reclaimed land, not exceeding 12 hectares of
Provided, finally, That during the lifetime of non-agricultural lands.
the contract, the contractor shall undertake
the necessary maintenance and repair of the
facility in accordance with standards Local Fiscal Administration
prescribed in the bidding documents and in
the contract. Sec304. Scope. — This Title shall govern the
In the case of a build-operate-and-transfer conduct and management of financial affairs,
agreement, the repayment shall be made transactions, and operations of provinces, cities,
through amortization payments in municipalities, and barangays.
accordance with the schedule proposed in
the bid and incorporated in the contract. Sec305. Fundamental Principles. — The financial
In case of land reclamation or construction of affairs, transactions, and operations of local
industrial estates, the repayment plan may government units shall be governed by the
consist of the grant of a portion or following fundamental principles:
percentage of the reclaimed land or the (a) No money shall be paid out of the local
industrial estate constructed. treasury except in pursuance of an appropriations
(5) Every infrastructure project undertaken under ordinance or law;
this Section shall be constructed, operated, (b) Local government funds and monies shall be
and maintained by the contractor under the spent solely for public purposes;
technical supervision of the local government (c) Local revenue is generated only from
unit and in accordance with the plans, sources expressly authorized by law or ordinance,
specifications, standards, and costs and collection thereof shall at all times be
approved by it. acknowledged properly;
(d) The provincial, city, or municipal legal officer (d) All monies officially received by a local
shall, as the case may be, review the contracts government officer in any capacity or on any
executed pursuant to this Section to determine their occasion shall be accounted for as local funds,
legality, validity, enforceability and correctness of unless otherwise provided by law;
form. (e) Trust funds in the local treasury shall not be
paid out except in fulfillment of the purpose for
Sec303. Remedies and Sanctions. — Local which the trust was created or the funds received;
government unit shall appropriate in their (f) Every officer of the local government unit
respective annual budgets such amounts as are whose duties permit or require the possession or
sufficient to pay the loans and other indebtedness custody of local funds shall be properly bonded,
incurred or redeem or retire bonds, debentures, and such officer shall be accountable and
securities, notes and other obligations issued under responsible for said funds and for the safekeeping
this Title: Provided, That failure to provide the thereof in conformity with the provisions of law;
appropriations herein required shall render their (g) Local governments shall formulate sound
annual budgets inoperative. financial plans, and local budgets shall be based on
functions, activities, and projects, in terms of
expected results;
Chavez v. Public Estates Authority (2002) (h) Local budget plans and goals shall, as far as
practicable, be harmonized with national
Sec. 302 of the LGC does not constitute legislative development plans, goals, and strategies in order
authority to sell reclaimed lands to private to optimize the utilization of resources and to avoid
corporations. The BOT Law recognizes the duplication in the use of fiscal and physical
constitutional ban (“…subject to constitutional resources;
requirements …”). Although §302 doesn’t contain a
(i) Local budgets shall operationalize approved purpose of carrying out specific activities or
local development plans; attaining certain objectives in accordance with
(j) Local government units shall ensure that special regulations, restrictions, or limitations, and
their respective budgets incorporate the constitutes as independent fiscal and accounting
requirements of their component units and provide entity;
for equitable allocation of resources among these (i) "Income" refers to all revenues and receipts
component units; collected or received forming the gross accretions
(k) National planning shall be based on local of funds of the local government unit;
planning to ensure that the needs and aspirations (j) "Obligations" refers to an amount committed
of the people as articulated by the local to be paid by the local government unit for any
government units in their respective local lawful act made by an accountable officer for and in
development plans are considered in the behalf of the local unit concerned;
formulation of budgets of national line agencies or (k) "Personal Services" refers to appropriations
offices; for the payment of salaries, wages and other
(l) Fiscal responsibility shall be shared by all compensation of permanent, temporary,
those exercising authority over the financial affairs, contractual, and casual employees of the local
transactions, and operations of the local government unit;
government units; and (l) "Receipts" refers to income realized from
(m) The local government unit shall endeavor to operations and activities of the local government or
have a balanced budget in each fiscal year of are received by it in the exercise of its corporate
operation. functions, consisting of charges for services
rendered, conveniences furnished, or the price of a
Sec306. Definitions. — When used in this commodity sold, as well as loans, contributions or
Title, the term — aids from other entities, except provisional
(a) "Annual Budget" refers to a financial plan advances for budgetary purposes; and
embodying the estimates of income and (m) "Revenue" refers to income derived from the
expenditures for one (1) fiscal year; regular system of taxation enforced under authority
(b) "Appropriation" refers to an authorization of law or ordinance, and, as such, accrue more or
made by ordinance, directing the payment of goods less regularly every year.
and services from local government funds under
specified conditions or for specific purposes; CHAPTER II: Local and Other Special Funds
(c) "Budget Document" refers to the instrument Art I: Receipts, Safekeeping Article and
used by the local chief executive to present a Disposition of Local Funds
comprehensive financial plan to the sanggunian Sec307. Remittance of Government Monies to the
concerned; Local Treasury. — Officers of local government
(d) "Capital Outlays" refers to appropriations for authorized to receive and collect monies arising
the purchase of goods and services, the benefits of from taxes, revenues, or receipts of any kind shall
which extend beyond the fiscal year and which add remit the full amount received and collected to the
to the assets of the local government unit treasury of such local government unit which shall
concerned, including investments in public utilities be credited to the particular account or accounts to
such as public markets and slaughterhouses; which the monies in question properly belong.
(e) "Continuing Appropriation" refers to an
appropriation available to support obligations for a Sec308. Local Funds. — Every local government
specified purpose or projects, such as those for the unit shall maintain a General Fund which shall be
construction of physical structures or for the used to account for such monies and resources as
acquisition of real property or equipment, even may be received by and disbursed from the local
when these obligations are incurred beyond the treasury. The General Fund shall consist of monies
budget year; and resources of the local government which are
(f) "Current Operating Expenditures" refers to available for the payment of expenditures,
appropriations for the purchase of goods and obligations or purposes not specifically declared by
services for the conduct of normal local law as accruing and chargeable to, or payable
government operations within the fiscal year, from, any other fund.
including goods and services that will be used or
consumed during the budget year; Sec309. Special Funds. — There shall be
(g) "Expected Results" refers to the services, maintained in every provincial, city, or municipal
products, or benefits that shall accrue to the public, treasury the following special funds:
estimated in terms of performance measures or (a) Special Education Fund (SEF) shall consist
physical targets; of the respective shares of provinces, cities,
(h) "Fund" refers to a sum of money, or other municipalities and barangays in the proceeds of the
assets convertible to cash, set aside for the additional tax on real property to be appropriated
for purposes prescribed in Section 272 of this made therefor. Any excess shall form part of the
Code; and general fund of the local government unit
(b) Trust Funds shall consist of private and concerned.
public monies which have officially come into the
possession of the local government or of a local CHAPTER III: Budgeting
government official as trustee, agent or Art I: Local Government Budgets
administrator, or which have been received as a Sec314. Form and Content. —
guaranty for the fulfillment of some obligation. A (a) Local government budgets shall primarily
trust fund shall only be used for the specific consists of two (2) parts:
purpose for which it was created or for which it (1) The estimates of income; and
came into the possession of the local government (2) The total appropriations covering the current
unit. operating expenditures and capital outlays.
(b) The budget document shall contain:
Sec310. Separation of Books and Depository (1) A budget message of the local chief
Accounts. — Local accountants and treasurers executive setting forth in brief the
shall maintain separate books and depository significance of the executive budget,
accounts, respectively, for each fund in their particularly in relation to the approved local
custody or administration under such rules and development plan;
regulations as the Commission on Audit may (2) A brief summary of the functions, projects,
prescribe. and activities to be accomplished in pursuit of
the goals and objectives of the local
Sec311. Depository Accounts. — Local treasurers government unit for the ensuing fiscal year,
shall maintain depository accounts in the name of specifically the delivery of basic services or
their respective local government units with banks, facilities enumerated under Section 17 of this
preferably government-owned, located in or Code;
nearest to their respective areas of jurisdiction. (3) Summary of financial statements setting
Earnings of each depository account shall accrue forth:
exclusively thereto. (i) The actual income and expenditures
during the immediately preceding year;
Sec312. Separation of Personal Money from (ii) The actual income and expenditures
Public Funds. — Local treasurers and other of the first two (2) quarters and the estimates
accountable officers shall keep monies separate of income and expenditures for the last two
and distinct from local public funds in their custody (2) quarters of the current fiscal year;
and shall not make profit out of public money or (iii) The estimates of income for the
otherwise apply the same to any use not authorized ensuing fiscal year from ordinances and laws
by law or ordinance. existing at the time the proposed budget is
transmitted, together with other proposals;
Art II: Special Accounts (iv) The estimated expenditures
Sec313. Special Accounts to be Maintained in the necessary to carry out the functions, projects,
General Fund. — Local government units shall and activities of the local government unit for
maintain special accounts in the general fund for the ensuing fiscal year;
the following: (v) All essential facts regarding the
(a) Public utilities and other economic bonded and other long-term obligations and
enterprises; indebtedness of the local government unit, if
(b) Loans, interests, bond issues, and other any;
contributions for specific purposes; and (vi) Summary statement of all statutory
(c) Development projects funded from the share and contractual obligations due; and
of the local government unit concerned in the (vii) Such other financial statements and
internal revenue allotment and such other special data as are deemed necessary or desirable
accounts which may be created by law or in order to disclose in all practicable detail
ordinance. the financial condition of the local
Receipts, transfers, and expenditures involving the government unit.
foregoing special accounts shall be properly taken
up thereunder. Sec315. Submission of Detailed Statements of
Profits or income derived the operation of public Income and Expenditures. — (a) On or before the
utilities and other economic enterprises, after fifteenth (15th) day of July of each year, local
deduction for the cost of improvement, repair and treasurers shall submit to their respective local
other related expenses of the public utility or chief executives a certified statement, covering the
economic enterprise concerned, shall first be income and expenditures of the preceding fiscal
applied for the return of the advances or loans year, the actual income and expenditures of the
first two (2) quarters of the current year, and the one (1) department or office of the local
estimated income and expenditures for the last two government unit concerned.
(2) quarters of the current year. The said budget proposal shall be prepared in
accordance with such policy and program
Sec316. Local Finance Committee. — There is guidelines as the local chief executive concerned
hereby created in every province, city or may issue in conformity with the local development
municipality a local finance committee to be plan, the budgetary ceilings prescribed by the local
composed of the local planning and development finance committee, and the general requirements
officer, the local budget officer, and the local prescribed in this Title.
treasurer. It shall exercise the following functions: (b) Budget proposals of departments or offices
(a) Determine the income reasonably projected shall be divided into two (2) primary categories,
as collectible for the ensuing fiscal year; namely: the current operating expenditures and the
(b) Recommend the appropriate tax and other capital outlays. Such budget proposals shall
revenue measures or borrowings which may be contain the following information:
appropriate to support the budget; (1) Objectives, functions, and projects showing
(c) Recommend to the local chief executive the general character and relative importance
concerned the level of the annual expenditures and of the work to be accomplished or the
the ceilings of spending for economic, social, and services to be rendered, and the cost thereof;
general services based on the approved local (2) Organizational charts and staffing patterns
development plans; indicating the list of plantilla positions with
(d) Recommend to the local chief executive their corresponding salaries, and proposals
concerned the proper allocation of expenditures for for reclassification of positions and salary
each development activity between current changes, as well as the creation of new
operating expenditures and capital outlays; positions with their proposed salary grade,
(e) Recommend to the local chief executive duly supported by proper justification;
concerned the amount to be allocated for capital (3) Brief description of the functions, projects
outlay under each development activity or and activities for the ensuing fiscal year,
infrastructure project; expected results for each function, project
(f) Assist the sangguniang panlalawigan in the and activity, and the nature of work to be
review and evaluation of budget of component performed, including the objects of
cities and municipalities in the case of provincial expenditures for each function, project and
finance committee, the barangay budgets in the activity;
case of city or municipal finance committee, and (4) Relation of the work and financial proposals
recommend the appropriate action thereon; to approved local development plans;
(g) Assist the sanggunian concerned in the (5) Estimated current operating expenditures
analysis and review of annual regular and and capital outlays with comparative data for
supplemental budgets of the respective local the last two (2) preceding, current, and
government unit to determine compliance with ensuing fiscal years; and
statutory and administrative requirements; and (6) Accomplishment reports for the last two (2)
(h) Conduct semi-annual review and general preceding and current fiscal years.
examination of cost and accomplishments against
performance standards applied in undertaking Sec318. Preparation of the Budget by the Local
development projects. Chief Executive. — Upon receipt of the
A copy of this report shall be furnished the local statements of income and expenditures from the
chief executive and the sanggunian concerned, and treasurer, the budget proposals of the heads of
shall be posted in conspicuous and publicly departments and offices, and the estimates of
accessible places in the provinces, cities, income and budgetary ceilings from the local
municipalities and barangays. finance committee, the local chief executive shall
prepare the executive budget for the ensuing fiscal
Sec317. Submission of Budget Proposals by year in accordance with the provisions of this Title.
Heads or Departments or Offices. — The local chief executive shall submit the said
(a) Each head of department or office shall executive budget to the sanggunian concerned not
submit a budget proposal for his department or later than the sixteenth (16th) of October of the
office to the local chief executive on or before the current fiscal year. Failure to submit such budget
fifteenth (15th) of July of each year: Provided, That on the date prescribed herein shall subject the local
the budget proposal of each department of office chief executive to such criminal and administrative
shall be categorized under either economic, social penalties as provided for under this Code and other
or general services: Provided, further, That each applicable laws.
service shall be covered by the budget of at least
Sec319. Legislative Authorization of the Budget. recommendation of the local chief executive, the
— On or before the end of the current fiscal year, reversion of funds no longer needed in connection
the sanggunian concerned shall, through an with the activities funded by said continuing
ordinance, the annual budget of the local appropriations subject to the provisions of this
government unit for the ensuing fiscal year on the Section.
basis of the estimates of income and expenditures
submitted by the local chief executive. Sec323. Failure to Enact the Annual
Appropriations. — In case the sanggunian
Sec320. Effectivity of Budgets. — The ordinance concerned fails to pass the ordinance authorizing
enacting the annual budget shall take effect at the the annual appropriations at the beginning of the
beginning of the ensuing calendar year. An ensuing fiscal year, it shall continue to hold
ordinance enacting a supplemental budget, sessions, without additional remuneration for its
however, shall take effect upon its approval or on members, until such ordinance is approved, and no
the date fixed therein. other business may be taken up during such
The responsibility for the execution of the annual sessions. If the sanggunian still fails to enact such
and supplemental budgets and the accountability ordinance after ninety (90) days from the beginning
therefor shall be vested primarily in the local chief of the fiscal year, the ordinance authorizing the
executive concerned. appropriations of the preceding year shall be
deemed reenacted and shall remain in force and
Sec321. Changes in the Annual Budget. — All effect until the ordinance authorizing the proposed
budgetary proposals shall be included and appropriations is passed by the sanggunian
considered in the budget preparation process. After concerned. However, only the annual
the local chief executive concerned shall have appropriations for salaries and wages of existing
submitted the executive budget to the sanggunian, positions, statutory and contractual obligations, and
no ordinance providing for a supplemental budget essential operating expenses authorized in the
shall be enacted, except when supported by funds annual and supplemental budgets for the preceding
actually available as certified by the local treasurer year shall be deemed reenacted and disbursement
or by new revenue sources. of funds shall be in accordance therewith.
A supplemental budget may also be enacted in In the implementation of such reenacted ordinance,
times of public calamity by way of budgetary the local treasurer concerned shall exclude from
realignment to set aside appropriations for the the estimates of income for the preceding fiscal
purchase of supplies and materials or the payment year those realized from nonrecurring sources, like
of services which are exceptionally urgent or national aids, proceeds from loans, sale of assets,
absolutely indispensable to prevent imminent prior year adjustments, and other analogous
danger to, or loss of, life or property, in the sources of income. No ordinance authorizing
jurisdiction of the local government unit or in other supplemental appropriations shall be passed in
areas declared by the President in a state of place of the annual appropriations.
calamity. Such ordinance shall clearly indicate the In case the revised income estimates be less than
sources of funds available for appropriations, as the aggregate reenacted appropriations, the local
certified under oath by the local treasurer and local treasurer concerned shall accordingly advise the
accountant and attested by the local chief sanggunian concerned which shall, within ten (10)
executive, and the various items of appropriations days from the receipt of such advice, make the
affected and the reasons for the change. necessary adjustments or reductions. The revised
appropriations authorized by the sanggunian
Sec322. Reversion of Unexpended Balances of concerned shall then be the basis for
Appropriations, Continuing Appropriations. — disbursements.
Unexpended balances of appropriations authorized
in the annual appropriations ordinance shall revert Sec324. Budgetary Requirements. — The budgets
to the unappropriated surplus of the general fund at of local government units for any fiscal year shall
the end of the fiscal year and shall not thereafter be comply with the following requirements:
available for the expenditure except by subsequent (a) The aggregate amount appropriated shall not
enactment. However, appropriations for capital exceed the estimates of income;
outlays shall continue and remain valid until fully (b) Full provision shall be made for all statutory
spent, reverted or the project is completed. and contractual obligations of the local government
Reversions of continuing appropriations shall not unit concerned: Provided, however, That the
be allowed unless obligations therefor have been amount of appropriations for debt servicing shall
fully paid or otherwise settled. not exceed twenty percent (20%) of the regular
The balances of continuing appropriations shall be income of the local government unit concerned;
reviewed as part of the annual budget preparation (c) In the case of provinces, cities, and
and the sanggunian concerned may approve, upon municipalities, aid to component barangays shall
be provided in amounts of not less than One (g) The creation of new positions and salary
thousand pesos (P1,000.00) per barangay; and increases or adjustments shall in no case be made
(d) Five percent (5%) of the estimated revenue retroactive; and
from regular sources shall be set aside as an (h) The annual appropriations for discretionary
annual lump sum appropriation for unforeseen purposes of the local chief executive shall not
expenditures arising from the occurrence of exceed two percent (2%) of the actual receipts
calamities: Provided, however, That such derived from basic real property tax in the next
appropriation shall be used only in the area, or a preceding calendar year. Discretionary funds shall
portion thereof, of the local government unit or be disbursed only for public purposes to be
other areas declared by the President in a state of supported by appropriate vouchers and subject to
calamity. such guidelines as may be prescribed by law. No
amount shall be appropriated for the same purpose
Sec325. General Limitations. — The use of the except as authorized under this Section.
provincial, city, and municipal funds shall be subject
to the following limitations: Sec326. Review of Appropriation Ordinances of
(a) The total appropriations, whether annual or Provinces, Highly-Urbanized Cities,
supplemental, for personal services of a local Independent Component Cities, and
government unit for one (1) fiscal year shall not Municipalities within the Metropolitan Manila
exceed forty-five percent (45%) in the case of first Area. — The Department of Budget and
to third class provinces, cities and municipalities, Management shall review ordinances authorizing
and fifty-five percent (55%) in the case of fourth the annual or supplemental appropriations of
class or lower, of the total annual income from provinces, highly-urbanized cities, independent
regular sources realized in the next preceding fiscal component cities, and municipalities within the
year. The appropriations for salaries, wages, Metropolitan Manila Area in accordance with the
representation and transportation allowances of immediately succeeding Section.
officials and employees of the public utilities and
economic enterprises owned, operated, and Sec327. Review of Appropriation Ordinances of
maintained by the local government unit concerned Component Cities and Municipalities. — The
shall not be included in the annual budget or in the sangguniang panlalawigan shall review the
computation of the maximum amount for personal ordinance authorizing annual or supplemental
services. The appropriations for the personal appropriations of component cities and
services of such economic enterprises shall be municipalities in the same manner and within the
charged to their respective budgets; same period prescribed for the review of other
(b) No official or employee shall be entitled to a ordinances.
salary rate higher than the maximum fixed for his If within ninety (90) days from receipt of copies of
position or other positions of equivalent rank by such ordinance, the sangguniang panlalawigan
applicable laws or rules and regulations issued takes no action thereon, the same shall be deemed
thereunder; to have been reviewed in accordance with law and
(c) No local fund shall be appropriated to shall continue to be in full force and effect. If within
increase or adjust salaries or wages of officials and the same period, the sangguniang panlalawigan
employees of the national government, except as shall have ascertained that the ordinance
may be expressly authorized by law; authorizing annual or supplemental appropriations
(d) In cases of abolition of positions and the has not complied with the requirements set forth in
creation of new ones resulting from the abolition of this Title, the sangguniang panlalawigan shall,
existing positions in the career service, such within the ninety-day period hereinabove
abolition or creation shall be made in accordance prescribed declare such ordinance inoperative in its
with pertinent provisions of this code and the civil entirety or in part. Items of appropriation contrary to
service law, rules and regulations; limitations prescribed in this Title or in excess of the
(e) Positions in the official plantilla for career amounts prescribed herein shall be disallowed or
positions which are occupied by incumbents reduced accordingly.
holding permanent appointments shall be covered The sangguniang panlalawigan shall within the
by adequate appropriations; same period advise the sangguniang panlungsod
(f) No changes in designation or nomenclature or sangguniang bayan concerned through the local
of positions resulting in a promotion or demotion in chief executive of any action on the ordinance
rank or increase or decrease in compensation shall under review. Upon receipt of such advice, the city
be allowed, except when the position is actually or municipal treasurer concerned shall not make
vacant, and the filling of such positions shall be further disbursements of funds from any of the
strictly made in accordance with the civil service items of appropriation declared inoperative,
law, rules and regulations; disallowed or reduced.
Sec328. Duration of Appropriation. —
Appropriations for ordinary administrative purposes Sec333. Review of the Barangay Budget. —
not duly obligated shall terminate with the fiscal (a) Within ten (10) days from its approval, copies
year and all unexpended balances thereof shall be of the barangay ordinance authorizing the annual
automatically reverted on the thirty-first (31st) day appropriations shall be furnished the sangguniang
of December of each year to the general fund of panlungsod or the sangguniang bayan, as the case
the local government unit. may be, through the city or municipal budget
officer. The sanggunian concerned shall have the
ARTICLE II: Barangay Budgets power to review such ordinance in order to ensure
Sec329. Barangay Funds. — Unless otherwise that the provisions of this Title are complied with. If
provided in this Title, all the income of the barangay within sixty (60) days after the receipt of the
from whatever source shall accrue to its general ordinance, the sanggunian concerned takes no
fund and shall, at the option of the barangay action thereon, the same shall continue to be in full
concerned, be kept as trust fund in the custody of force and effect. If within the same period, the
the city or municipal treasurer or be deposited in a sanggunian concerned shall have ascertained that
bank, preferably government-owned, situated in or the ordinance contains appropriations in excess of
nearest to its area of jurisdiction. Such funds shall the estimates of the income duly certified as
be disbursed in accordance with the provisions of collectible, or that the same has not complied with
this Title. Ten percent (10%) of the general fund of the budgetary requirements set forth in this Title,
the barangay shall be set aside for the the said ordinance shall be declared inoperative in
sangguniang kabataan. its entirety or in part. Items of appropriation
contrary to, or in excess of, any of the general
Sec330. Submission of Detailed Statements of limitations or the maximum amount prescribed in
Income and Expenditures for the Barangay this Title shall be disallowed or reduced
Budgets. — On or before the fifteenth (15th) day of accordingly.
September of each year, the barangay treasurer (b) Within the period hereinabove fixed, the
shall submit to the punong barangay a statement sangguniang panlungsod or sangguniang bayan
covering the estimates of income and expenditures concerned shall return the barangay ordinance,
for the ensuing fiscal year, based on a certified through the city or municipal budget officer, to the
statement issued by the city or municipal treasurer punong barangay with the advice of action thereon
covering the estimates of income from local for proper adjustments, in which event, the
sources for the barangay concerned. barangay shall operate on the ordinance
authorizing annual appropriations of the preceding
Sec331. Preparation of the Barangay Budget. — fiscal year until such time that the new ordinance
(a) Upon receipt of the statement of income and authorizing annual appropriations shall have met
expenditures from the barangay treasurer, the the objections raised. Upon receipt of such advice,
punong barangay shall prepare the barangay the barangay treasurer or the city or municipal
budget for the ensuing fiscal year in the manner treasurer who has custody of the funds shall not
and within the period prescribed in this Title and make further disbursement from any item of
submit the annual barangay budget to the appropriation declared inoperative, disallowed, or
sangguniang barangay for legislative enactment. reduced.
(b) The total annual appropriations for personal
services of a barangay for one (1) fiscal year shall Sec334. Barangay Financial Procedures. —
not exceed fifty-five percent (55%) of the total (a) The barangay treasurer shall collect all taxes,
annual income actually realized from local sources fees, and other charges due and contributions
during the next preceding fiscal year. accruing to the barangay for which he shall issue
(c) The barangay budget shall likewise be official receipts, and shall deposit all collections
subject to the same budgetary requirements and with the city or municipal treasury or in the
limitations hereinabove prescribed. depository account maintained in the name of the
barangay within five (5) days after receipt thereof.
Sec332. Effectivity of Barangay Budgets. — The He may collect real property taxes and such other
ordinance enacting the annual budget shall take taxes as may be imposed by a province, city or
effect at the beginning of the ensuing calendar municipality that are due in his barangay only after
year. An ordinance enacting a supplemental being deputized by the local treasurer concerned
budget, however, shall take effect upon its approval for the purpose.
or on the date fixed therein. (b) The barangay treasurer may be authorized
The responsibility for the execution of the annual by the sangguniang barangay to make direct
and supplemental budgets and the accountability purchases amounting to not more than One
therefor shall be vested primarily in the punong thousand pesos (P1,000.00) at any time for the
barangay concerned. ordinary and essential needs of the barangay. The
petty cash that the barangay treasurer may be
authorized to hold for the purpose shall not exceed Sec338. Prohibitions Against Advance Payments.
twenty percent (20%) of the funds available and to — No money shall be paid on account of any
the credit of the barangay treasury. contract under which no services have been
(c) The financial records of the barangay shall rendered or goods delivered.
be kept in the office of the city or municipal
accountant in simplified manner as prescribed by Sec339. Cash Advances. — No cash advance shall
the Commission on Audit. Representatives of the be granted to any local official or employee,
Commission on Audit shall audit such accounts elective or appointive, unless made in accordance
annually or as often as may be necessary and with the rules and regulations as the Commission
make a report of the audit to the sangguniang on Audit may prescribe.
panlungsod or sangguniang bayan, as the case
may be. The Commission on Audit shall prescribe Sec340. Persons Accountable for Local
and put into effect simplified procedures for Government Funds. — Any officer of the local
barangay finances within six (6) months following government unit whose duty permits or requires the
the effectivity of this Code. possession or custody of local government funds
shall be accountable and responsible for the
CHAPTER IV: Expenditures, Disbursements, safekeeping thereof in conformity with the
Accounting and Accountability provisions of this Title. Other local officers who,
Sec335. Prohibitions Against Expenditures for though not accountable by the nature of their
Religious or Private Purposes. — No public duties, may likewise be similarly held accountable
money or property shall be appropriated or applied and responsible for local government funds through
for religious or private purposes. their participation in the use or application thereof.
Sec336. Use of Appropriated Funds and Savings. Sec341. Prohibitions Against Pecuniary Interest.
— Funds shall be available exclusively for the — Without prejudice to criminal prosecution under
specific purpose for which they have been applicable laws, any local treasurer, accountant,
appropriated. No ordinance shall be passed budget officer, or other accountable local officer
authorizing any transfer of appropriations from one having any pecuniary interest, direct or indirect, in
item to another. However, the local chief executive any contract, work or other business of the local
or the presiding officer of the sanggunian government unit of which he is an accountable
concerned may, by ordinance, be authorized to officer shall be administratively liable therefor.
augment any item in the approved annual budget
for their respective offices from savings in other Sec342. Liability for Acts Done Upon Direction of
items within the same expense class of their Superior Officer, or Upon Participation of Other
respective appropriations. Department Heads or Officers of Equivalent
Rank. — Unless he registers his objection in
Sec337. Restriction Upon Limit of Disbursements. writing, the local treasurer, accountant, budget
— Disbursements in accordance with officer, or other accountable officer shall not be
appropriations in the approved annual budget may relieved of liability for illegal or improper use or
be made from any local fund in the custody of the application or deposit of government funds or
treasurer, but the total disbursements from any property by reason of his having acted upon the
local fund shall in no case exceed fifty percent direction of a superior officer, elective or appointive,
(50%) of the uncollected estimated revenue or upon participation of other department heads or
accruing to such local fund in addition to the actual officers of equivalent rank. The superior officer
collections: Provided, however, That no cash directing, or the department head participating in
overdraft in any local fund shall be incurred at the such illegal or improper use or application or
end of the fiscal year. deposit of government funds or property, shall be
In case of emergency arising from a typhoon, jointly and severally liable with the local treasurer,
earthquake, or any other calamity, the sanggunian accountant, budget officer, or other accountable
concerned may authorize the local treasurer to officer for the sum or property so illegally or
continue making disbursements from any local fund improperly used, applied or deposited.
in his possession in excess of the limitations herein
provided, but only for such purposes and amounts Sec343. Prohibition Against Expenses for
included in the approved annual budgets. Reception and Entertainment. — No money shall
Any overdraft which may be incurred at the end of be appropriated, used, or paid for entertainment or
the year in any local fund by virtue of the provisions reception except to the extent of the representation
hereof shall be covered with the first collections of allowances authorized by law or for the reception of
the immediately succeeding fiscal year accruing to visiting dignitaries of foreign governments or
such local fund.
foreign missions, or when expressly authorized by them to the Chairman of the Commission on Audit
the President in specific cases. and to the local treasurer, accountant, and other
accountable officers. Copies of the certification
Sec344. Certification, and Approval of, Vouchers. shall be prepared and furnished other local officers
— No money shall be disbursed unless the local who may be held jointly and severally liable for any
budget officer certifies to the existence of loss or illegal, improper or unauthorized use or
appropriation that has been legally made for the misappropriation of local funds or property.
purpose, the local accountant has obligated said
appropriation, and the local treasurer certifies to the Sec348. Auditorial Visitation. — The books,
availability of funds for the purpose. Vouchers and accounts, papers, and cash of local treasurer,
payrolls shall be certified to and approved by the accountant, budget officer, or other accountable
head of the department or office who has officers shall at all times be open for inspection of
administrative control of the fund concerned, as to the Commission on Audit or its duly authorized
validity, propriety, and legality of the claim involved. representative.
Except in cases of disbursements involving In case an examination of the accounts of a local
regularly recurring administrative expenses such as treasurer discloses a shortage in cash which
payrolls for regular or permanent employees, should be on hand, it shall be the duty of the
expenses for light, water, telephone and telegraph examining officer to seize the office and its
services, remittances to government creditor contents, notify the Commission on Audit, the local
agencies such as GSIS, SSS, LDP, DBP, National chief executive concerned, and the local
Printing Office, Procurement Service of the DBM accountant. Thereupon, the examining officer shall
and others, approval of the disbursement voucher immediately turn over to the accountable officer
by the local chief executive himself shall be next-in-rank in the local treasury service, unless the
required whenever local funds are disbursed. said officer is likewise under investigation, the office
In cases of special or trust funds, disbursements of the treasurer and its contents, and close and
shall be approved by the administrator of the fund. render his accounts on the date of turnover. In case
In case of temporary absence or incapacity of the the accountable officer next in rank is under
department head or chief of office, the officer next- investigation, the auditor shall take full possession
in-rank shall automatically perform his function and of the office and its contents, close and render his
he shall be fully responsible therefor. accounts on the date of taking possession, and
temporarily continue the public business of such
Sec345. Officials Authorized to Draw Checks in office until such time that the local treasurer is
Settlement of Obligations. — Checks in restored or a successor has been duly designated.
obligations shall be drawn by the local treasurer The local treasurer or accountable officer found
and countersigned by the local administrator. with such shortage shall be automatically
In case of temporary absence or incapacity of the suspended from office.
foregoing officials, these duties shall devolve upon
their immediate assistants. Sec349. Accounting for Revenues. — Estimated
revenues which remain unrealized at the close of
Sec346. Disbursements of Local Funds and the fiscal year shall not be booked or credited to
Statement of Accounts. — Disbursements shall the unappropriated surplus or any other account.
be made in accordance with the ordinance
authorizing the annual or supplemental Sec350. Accounting for Obligations. — All lawful
appropriations without the prior approval of the expenditures and obligations incurred during a
sanggunian concerned. Within thirty (30) days after fiscal year shall be taken up in the accounts of that
the close of each month, the local accountant shall year.
furnish the sanggunian with such financial
statements as may be prescribed by the Sec351. General Liability for Unlawful
Commission on Audit. In the case of the year-end Expenditures. — Expenditures of funds or use of
statement of accounts, the period shall be sixty (60) property in violation of this Title and other laws shall
days after the thirty-first (31st) of December. be a personal liability of the official or employee
responsible therefor.
Sec347. Rendition of Accounts. — Local
treasurers, accountants and other local Sec352. Posting of the Summary of Income and
accountable officers shall render their accounts Expenditures. — Local treasurers, accountants,
within such time, in such form, style, and content budget officers, and other accountable officers
and under such regulations as the Commission on shall, within thirty (30) days from the end of the
Audit may prescribe. fiscal year, post in at least three (3) publicly
Provincial, city, and municipal auditors shall certify accessible and conspicuous places in the local
the balances arising in the accounts settled by government unit a summary of all revenues
collected and funds received including the “Expropriation Properties” and classified as “Current
appropriations and disbursements of such funds Operating Expenditures” in the 1998 Annual Budget
during the preceding fiscal year. of Caloocan. Clearly these two amounts are distinct.
Sec353. The Official Fiscal Year. — The official 5O M was appropriated NOT for the purpose of
fiscal year of local government units shall be the purchasing lot 26 but for expenses incidental to
period beginning with the first day of January and expropriation. Amount appropriated under Ord 246
ending with the thirty-first day of December of the still subsists and is not lumped with other funds to
same year. arrive at the 50 M allocated in the 1998 budget.
Sec354. Administrative Issuances; Budget The 50M can be realigned. Realignments are not
Operations Manual. — The Secretary of Budget allowed only if cont. appropriations or capital outlays
and Management jointly with the Chairman of the are involved. The 50 M was classified as a current
Commission on Audit shall, within one (1) year from operating expenditure by the local council. It cannot
the effectivity of this Code, promulgate a Budget be said then that Ord.0254 was enacted without
Operations Manual for local government units to funds actually available.
improve and systematize methods, techniques, and
procedures employed in budget preparation,
authorization, execution, and accountability.
RA 8185 (1996) - An Act Amending Section 324 (D)
Of LGC
Malonzo v. Zamora (1999)
Sec1. Section 324(d) of Republic Act No. 7160 is
The Sangguniang Panlungsod passed Ordinance hereby amended to read as follows:
246 which increased the appropriated amount to be "(d) Five percent (5%) of the estimated revenue
used for the expropriation of the Maysilo Estate. The from regular sources shall be set aside as annual
city govt. failed to conclude a voluntary sale. A suit lump sum appropriations for relief, rehabilitation,
for eminent domain was filed against CLT. reconstruction and other works or services in
connection with calamities which may occur during
Caloocan Legal Officer informed Mayor through a the budget year. Provided, however, That such
letter-memorandum of a pending interpleader case fund shall be used only in the area, or a portion
involving the land. He recommended that pending thereof, of the local government unit or other areas
the final determination and resolution of the same, affected by a disaster or calamity, as determined
the expropriation of the land be cancelled and/or and declared by the local sanggunian concerned.
abandoned. "Calamity shall be defined as a state of extreme
distress or misfortune, produced by some adverse
Vice Mayor wrote Mayor requesting the immediate circumstance or event or any great misfortune or
repair and renovation of the offices of the incoming cause or loss or misery caused by natural forces.
councilors and the hiring of add’l personnel "In case of fire or conflagration, the calamity fund
shall be utilized only for relief operations.
Mayor endorsed letter to the City Treasurer who "The local development council shall more monitor
manifested through a memorandum that since the the use and disbursement of the calamity fund."
expropriation of the land is discontinued, the
appropriation for expropriation of 50 M can be
reverted for use in a supplemental budget. Property and Supply Management in the Local
Government Units
Mayor endorsed Supplemental Budget to
Sanggunian which then passed Ordinance 254. An Sec355. Scope. — This Title shall govern the
admin complaint was filed against city officials before procurement, care, utilization, custody, and
OP. disposal of supplies, as defined herein, by local
government units and the other aspects of supply
Held: The petitioners are not guilty of misconduct management at the local levels.
due to the alleged irregularity of Ordinance 254.
OP’s reliance on SEC 322 LGC is misplaced as the Sec356. General Rule in Procurement or
CAB is not a question of WON the appropriations fall Disposal. — Except as otherwise provided herein,
under the def. of capital outlay or continuing acquisition of supplies by local government units
appropriations. Issue is WON pets. are liable in shall be through competitive public bidding.
regard to the ordinance which realigned part of the 50 Supplies which have become unserviceable or no
M which was denominated in a general manner as longer needed shall be sold, whenever applicable,
at public auction, subject to applicable rules and appropriation against which the proposed
regulations. expenditure is chargeable is deemed sufficient,
except in case of requisition r supplies to be carried
Sec357. Definition of Terms. — When used in this in stock which shall be approved by the local chief
Title, the term — executive concerned: Provided, That such supplies
(a) "Lowest Complying and Responsible Bid" are listed or included in the annual procurement
refers to the proposal of one who offers the lowest plan and the maximum quantity thereof does not
price, meets all the technical specifications and exceed the estimated consumption corresponding
requirements of the supplies desired and, as a to a programmed three-month period: Provided,
dealer in the line of supplies involved, maintains a further, That nothing herein contained shall be held
regular establishment, and has complied as authorizing the purchase of furniture and
consistently with previous commitments; equipment for stock purposes.
(b) "Suitable Substitute" refers to that kind of
article which would serve substantially the same Sec362. Call for Bids. — When procurement is to be
purpose or produce substantially the same results made by local government units, the provincial or
as the brand, type, or make of article originally city general services officer or the municipal or
desired or requisitioned; barangay treasurer shall call bids for open public
(c) "Supplies" includes everything, except real competition. The call for bids shall show the
property, which may be needed in the transaction complete specifications and technical descriptions
of public business or in the pursuit of any of the required supplies and shall embody all terms
undertaking, project, or activity, whether in the and conditions of participation and award, terms of
nature of equipment, furniture, stationary materials delivery and payment, and all other covenants
for construction or personal property of any sort, affecting the transaction. In all calls for bids, the
including non-personal or contractual services such right to waive any defect in the tender as well as
as the repair and maintenance of equipment and the right to accept the bid most advantageous to
furniture, as well as trucking, hauling, janitorial, the government shall be reserved. In no case,
security, and related services; and however, shall failure to meet the specifications or
(d) "Terms and Conditions" refer to other technical requirements of the supplies desired be
requirements not affecting the technical awarded.
specifications and requirements of the required
supplies desired such as bonding, terms of delivery Sec363. Publication of Call for Bids. — The call for
and payment, and related preferences. bids shall be given the widest publicity possible,
sending, by mail or otherwise, any known
Sec358. Requirement of Requisition. — Any order prospective participant in the locality, of copies of
for supplies shall be filled by the provincial or city the call and by posting copies of the same in at
general services officer or the municipal or least three (3) publicly accessible and conspicuous
barangay treasurer concerned, as the case may places in the provincial capitol or city, municipal, or
be, for any office or department of a local barangay hall, as the case may be.
government unit only upon written requisition as The notice of the bidding may likewise be published
hereinafter provided. in a newspaper of general circulation in the
territorial jurisdiction of the local government unit
Sec359. Officers Having Authority to Draw concerned when the provincial or city general
Requisitions. — Requisitions shall be prepared by services officer or the municipal or barangay
the head of office or department needing the treasurer, as the case may be, deems it necessary
supplies, who shall certify as to their necessity for in order to obtain the lowest responsible and
official use and specify the project or activity where complying bid.
the supplies are to be used. The opening of bids shall only be made in the
presence of the provincial or city auditor or his duly
Sec360. Certification by the Local Budget Officer, authorized representative who shall initial and
Accountant, and Treasurer. — Every requisition secure copies of the bids and certify the abstract of
must be accompanied by a certificate signed by the the bidding.
local budget officer, the local accountant, and the
local treasurer showing that an appropriation Sec364. The Committee on Awards. —
therefor exists, the estimated amount of such There shall be in every province, city or
expenditure has been obligated, and the funds are municipality a committee on awards to decide the
available for the purpose, respectively. winning bids and questions of awards on
procurement and disposal of property.
Sec361. Approval of Requisitions. — Approval of The Committee on Awards shall be composed of
the requisition by the head of office or department the local chief executive as chairman, the local
concerned who has administrative control of the treasurer, the local accountant, the local budget
officer, the local general services officer, and the
head of office or department for whose use the Sec368. Emergency Purchase. — In cases of
supplies are being procured, as members. In case emergency where the need for the supplies is
a head of office or department would sit in a dual exceptionally urgent or absolutely indispensable
capacity, a member of the sanggunian elected from and only to prevent imminent danger to, or loss of,
among its members shall sit as a member. The life or property, local government units may,
committee on awards at the barangay level shall be through the local chief executive concerned, make
the sangguniang barangay. No national official shall emergency purchases or place repair orders,
sit as a member of the committee on awards. regardless of amount, without public bidding.
The results of the bidding shall be made public by Delivery of purchase orders or utilization of repair
conspicuously posting the same in the provincial orders pursuant to this Section shall be made
capitol or city, municipal, or barangay hall. within ten (10) days after placement of the same.
Immediately after the emergency purchase or
Sec365. Rule on Awards. — Awards in the repair order is made, the chief of office or
procurement of supplies shall be given to the department making the emergency purchase or
lowest complying and responsible bid which meets repair order shall draw a regular requisition to cover
all the terms and conditions of the contract or the same which shall contain the following:
undertaking. (a) A complete description of the supplies
acquired or the work done or to be performed;
Sec366. Procurement Without Public (b) By whom furnished or executed;
Bidding. — Procurement of supplies may be made (c) Date of placing the order and the date and
without the benefit of public bidding under any of time of delivery or execution;
the following modes: (d) The unit price and the total contract price;
(a) Personal canvass of responsible merchants; (e) A brief and concise explanation of the
(b) Emergency purchase; circumstances why procurement was of such
(c) Negotiated purchase; urgency that the same could not be done through
(d) Direct purchase from manufacturers or the regular course without involving danger to, or
exclusive distributors; and loss of, life or property;
(e) Purchase from other government entities. (f) A certification of the provincial or city general
services or the municipal or barangay treasurer, as
Sec367. Procurement through Personal the case may be, to the effect that the price paid or
Canvass. — Upon approval by the Committee on contracted for was the lowest at the time of
Awards, procurement of supplies may be effected procurement; and
after personal canvass of at least three (3) (g) A certification of the local budget officer as to
responsible suppliers in the locality by a committee the existence of appropriations for the purpose, the
of three (3) composed of the local services officer local accountant as to the obligation of the amount
or the municipal or barangay treasurer, as the case involved, and the local treasurer as to the
may be, the local accountant, and the head of availability of funds. The goods or services
office or department for whose use the supplies are procured under this Section must be utilized or
being procured. The award shall be decided by the availed of within fifteen (15) days from the date of
Committee on Awards. delivery or availability.
Purchases under this Section shall not exceed the Without prejudice to criminal prosecution under
amounts specified hereunder for all items in any applicable laws, the local chief executive, the head
one (1) month for each local government unit: of department, or the chief of office making the
Provinces and Cities and Municipalities within the procurement shall be administratively liable for any
Metropolitan Manila Area: violation of this Section and shall be a ground for
First and Second Class — One hundred fifty suspension or dismissal from service.
thousand pesos
(P150,000.00) Sec369. Negotiated Purchase. —
Third and Fourth Class — One hundred (a) In cases where public biddings have failed
thousand pesos for two (2) consecutive times and no suppliers have
(P100,000.00) qualified to participate or win in the biddings, local
Fifth and Sixth Class — Fifty thousand pesos government units may, through the local chief
(P50,000.00) executive concerned, undertake the procurement of
Municipalities: supplies by negotiated purchase, regardless of
First Class — Sixty thousand pesos (P60,000.00) amount, without public bidding: Provided, however,
Second and Third Class — Forty thousand That the contract covering the negotiated purchase
pesos (P40,000.00) shall be approved by the sanggunian concerned.
Fourth Class and Below — Twenty thousand Delivery of purchase orders or utilization of repair
pesos (P20,000.00) orders pursuant to this Section shall be made
within seven (7) days after placement of the same.
Immediately after the negotiated purchase or repair Sec373. Annual Procurement Program. —
order is made, the local chief executive concerned (a) On or before the fifteenth (15th) day of July
shall draw a regular requisition to cover the same each year, the local chief executive shall prepare
which shall contain the following: an annual procurement program for the ensuing
(1) A complete description of the supplies fiscal year which shall contain an itemized list of the
acquired or the work done or to be estimated quantity of supplies needed for such
performed; year, a complete description thereof as to kind,
(2) By whom furnished or executed; quality, estimated cost, and balance on hand:
(3) Date of placing the order and the date and Provided, however, That the total estimated cost of
time of delivery or execution; the approved annual procurement program shall
(4) The unit price and the total contract price; not exceed the total appropriations authorized for
(5) A certification of the provincial or city general the acquisition of supplies. The local government
services of the municipal or barangay units may augment the supplies and equipment
treasurer, as the case may be, to the effect provided by the Supreme Court to the lower courts
that the price paid or contracted for was the located in their respective jurisdictions.
lowest at the time of procurement; (b) Except in emergency cases or where urgent
(6) A certification to the effect that the price paid indispensable needs could not have been
or contracted for was the lowest at the time reasonably anticipated, no purchase of supplies
of procurement; and shall be made unless included in. or covered by,
(7) A certification of the local budget officer as to the approved procurement program.
the existence of appropriations for the (c) The conversion of excess cash into supplies
purpose, the local accountant as to the stock is hereby prohibited except to the extent of
obligation of the amount involved, and the the kind and quantity specified in the approved
local treasurer as to the availability of funds. annual procurement plan. A violation of this Section
(b) In case of repeat orders for regular supplies, shall be a ground for suspension or dismissal of
procurement may be made by negotiated any political or employee responsible therefor.
purchase: Provided, That the repeat order is made
within three (3) months from the last procurement Sec374. Establishment of an Archival System. —
of the same item: Provided, further, That the same Every local government unit shall provide for the
terms and conditions of sale are obtained for the establishment of archival system to ensure the
said repeat order. safety and protection of all government property,
public documents or records such as records of
Sec370. Procurement from Duly Licensed births, marriages, property inventory, land
Manufacturer. — Procurement may be made assessments, land ownership, tax payments, tax
directly from duly licensed manufacturers in cases accounts, and business permits, and such other
of supplies of Philippine manufacture or origin and records or documents of public interest in the
in case there are two (2) or more manufacturers various departments and offices of the provincial,
shall be conducted to obtain the lowest price for the city, or municipal government concerned.
quality of the said supplies.
Sec375. Primary and Secondary Accountability
Sec371. Procurement from Exclusive Philippine for Government Property. —
Agents or Distributors. — Procurement may, in (a) Each head of department or office of a
the case of supplies of foreign origin, preferably be province, city, municipality or barangay shall be
made directly from the exclusive or reputable primarily accountable for all government property
Philippine distributors or agents, subject to the assigned or issued to his department or office. The
following conditions: person or persons entrusted with the possession or
(a) That the Philippine distributor has no custody of government property under the
subdealers selling at lower prices; and accountability of any head of department or office
(b) That no suitable substitutes or substantially shall be immediately accountable to such officer.
the same quality are available at lower prices. (b) The head of a department or office primarily
accountable for government property may require
Sec372. Procurement from Government Entities. any person in possession of the property or having
— Procurement may be made directly from the custody and control thereof under him to keep such
government entities producing the required records and make reports as may be necessary for
supplies, including units or agencies of foreign his own information and protection.
governments with which the Philippines maintains (c) Buildings and other physical structures shall
diplomatic relations. In the latter case, prior be under the accountability and responsibility of the
authority from the Office of the President shall be provincial or city general services officer or the
required. municipal mayor or punong barangay, as the case
may be. (d) Every officer primarily accountable for case when the allowance of credit is not within the
government property shall keep a complete record competence of the provincial, city or municipal
of all properties under his charge and render his auditor, the application and evidence, with the
accounts therefor semiannually to the provincial or recommendation of the auditor concerned, shall be
city general services officer or the municipal mayor forwarded to the Chairman of the Commission on
or punong barangay, as the case may be. Audit for his appropriate action.
Sec376. Responsibility for Proper Use and Care Sec379. Property Disposal. — When property of
of Government Property. — The person in actual any local government unit has become
physical possession of government property or unserviceable for any cause or is no longer
entrusted with its custody and control shall be needed, it shall upon application of the officer
responsible for its proper use and care and shall accountable therefor, be inspected and appraised
exercise due diligence in the utilization and by the provincial, city or municipal auditor, as the
safekeeping thereof. case may be, or his duly authorized representative
or that of the Commission on Audit and, if found
Sec377. Measure of Liability of Persons valueless or unusable, shall be destroyed in the
Accountable for Government Property. — presence of the inspecting officer.
(a) The person immediately accountable for If found valuable, the same shall be sold at public
government property shall be liable for its money auction to the highest bidder under the supervision
value in case of the illegal, improper or of the committee on awards and in the presence of
unauthorized use or misapplication thereof, by the provincial, city or municipal auditor or his duly
himself or any other person for whose acts he may authorized representative. Notice of the public
be responsible, and he shall be liable for all loss, auction shall be posted in at least three (3) publicly
damage, or deterioration occasioned by negligence accessible and conspicuous places, and if the
in the keeping or use of property unless it is proved acquisition cost exceeds One hundred thousand
that he has exercised due diligence and care in the pesos (P100,000.00) in the case of provinces and
utilization and safekeeping thereof. cities, and Fifty thousand pesos (P50,000.00) in the
(b) Unless he registers his objection in writing, case of municipalities, notice of auction shall be
an accountable person shall not be relieved from published at least two (2) times within a reasonable
liability by reason of his having acted under the period in a newspaper of general circulation in the
direction of a superior officer in using property with locality.
which he is chargeable; but the officer directing any
illegal, unauthorized or improper use of property Sec380. Negotiated Sale of Property. — Property
shall first be required to answer therefor. no longer needed may also be disposed of at a
(c) In cases of loss, damage, or deterioration of private sale at such price as may be determined by
government property arising from, or attributable to, the committee on awards, subject to the approval
negligence in security, the head of the security of the Commission on Audit or its duly authorized
agency shall be held liable therefor. representative when the acquisition or transfer cost
of the property exceeds Fifty thousand pesos
Sec378. Credit for Loss Occurring in Transit or (P50,000.00) in the case of provinces and cities,
Due to Casualty. — When a loss of government and Twenty-five thousand pesos (P25,000.00) in
property occurs while the same is in transit or is the case of municipalities and barangays.
caused by fire, theft, force majeure, or other In case of real property, the disposal shall be
casualty, the officer accountable therefor or having subject to the approval of the Commission on Audit
custody thereof shall immediately notify the regardless of the value or cost involved.
provincial or city auditor concerned within thirty (30)
days from the date the loss occurred or for such Sec381. Transfer Without Cost. — Property which
longer period as the provincial, city or municipal has become unserviceable or is no longer needed
auditor, as the case may be, may in the particular may be transferred without cost to another office,
case allow, and he shall present his application for agency, subdivision or instrumentality of the
relief, with the available evidence in support national government or another local government
thereof. An officer who fails to comply with this unit at an appraised valuation determined by the
requirement shall not be relieved of liability or local committee on awards. Such transfer shall be
allowed credit for any such loss in the settlement of subject to the approval of the sanggunian
his accounts. concerned making the transfer and by the head of
A provincial, city or municipal auditor shall not allow the office, agency, subdivision, instrumentality or
credit for these losses unless so expressly local government unit receiving the property.
authorized by the Chairman of the Commission on
Audit, to the exercised only if the loss is not in Sec382. Tax Exemption Privileges of Local
excess of fifty thousand pesos (P50,000.00). In any Government Units. — Local government units
shall be exempt from the payment of duties and
taxes for the importation of heavy equipment or
machineries which shall be used for the
construction, improvement, repair, and
maintenance of roads, bridges and other
infrastructure projects, as well as garbage trucks,
fire trucks, and other similar equipment: Provided,
however, That such equipment or machineries shall
not be disposed of, either by public auction or
negotiated sale as hereinabove provided, within
five (5) years from the importation thereof. In case Masturbation: Tips for Guys (Part 5)
the machinery or equipment is sold within the five-
year period, the purchasers or recipients shall be - Stroke only your shaft, ignoring the head,
considered the importers thereof, and shall be which will swell and turn red. When it's bright
liable for duties and taxes computed on the book red and rock hard, stimulate it gently with your
value of such importation. fingers.
- Lightly and slowly run a finger up the under
Sec383. Implementing Rules and Regulations. —
side of your cock, gently pinching the sensitive
The Chairman of the Commission on Audit shall
vein underneath.
promulgate the rules and regulations necessary to
effectively implement the provisions of this Title, - Here's a complicated move from The Society
including requirements as to testing, inspection, for Human Sexuality: Take the penis in both
and standardization of supply and property. hands, fingers lightly touching the sides of the
shaft. In order to visualize the position, think of
GSIS v. Tarlac (2003) yourself holding a clarinet. Now flick the penis
back and forth between your two hands by
The Sangguniang Panlalawigan passed a resolution holding on to the loose skin of the shaft.
that Shuttling it back and forth in this manner may
not seem incredibly thrilling at first, but pretty
- authorized and approved the conversion of
soon, as it builds up momentum, it will drive you
the athletic field into a government center,
and the out of your mind. Orgasms encountered via this
method are sometimes messy, but always
- segregation and donation of portions of said
memorable.
land to different government agencies for the
purpose of constructing or relocating their
If you've mastered these techniques and would like
office buildings.
to try something different, consider purchasing an
GSIS availed of the offer and proceeded to issue a erection ring, which will delay and enhance your
MOA whereby: orgasm. You might also experiment with sex toys for
- Province of Tarlac donated the lot to the men, such as penis pumps, virtual sheaths,
GSIS masturbators and extenders. Try different kinds of
lubrication, such as oil, water or silicone-based lubes.
- GSIS, in return, donated 2M to the province
Start a collection of adult videos, magazines and
as financial assistance.
other "inspirational" materials. Try masturbating
with a pillow or other soft substance. Your
Held: Sec. 381 does not expressly prohibit or
declare void such transfers if an appraised valuation possibilities are really limitless.
from the local committee on awards is not first
acquired. There is no express provision in the law Partner Masturbation
which requires that the said valuation is a condition
sine qua non for the validity of a donation. Once you and your partner have reached a level of
intimacy that allows both of you to feel comfortable
There being a perfected contract, it cannot be discussing solo sex, you might enjoy practicing
revoked without the consent of the other party. masturbation together, either on yourselves (mutual
masturbation) or on one another (also known as
genital massage). Before you begin, discuss your
upcoming experience. Find out if your partner would
prefer to masturbate in front of you, or just massage
your genitals. Always respect his or her wishes.
There's plenty of time to try different things later on
in your relationship. When you're both on the same barangays to less than the minimum requirement
wavelength about what you want, jump in and get prescribed herein.
started. Make an event of the experience: create a
sensual, appealing environment in your bedroom by Barangay Officials and Offices
lighting candles, playing sensual music and punong barangay,
showering together first. Relax on the bed and try (7) sangguniang barangay members,
any of the techniques described above. Don't focus sangguniang kabataan chairman,
barangay secretary,
on climaxing or giving your partner an orgasm. Just
barangay treasurer.
enjoy the experience and concentrate on finding the
lupong tagapamayapa.
strokes that work best for both of you.
Persons in Authority (For purposes of the Revised
Whatever your preferences, remember to vary your Penal Code)
masturbation techniques. While it's great to know the punong barangay
how to bring yourself to orgasm in 30 seconds or less, sangguniang barangay members
you're going to have a much more enjoyable members of the lupong tagapamayapa
experience if you romance yourself a little bit first. other barangay officials and members who may
Take the time to have fun ... don't be "goal oriented." be designated by law or ordinance and
And do try a different stroke now and then. Just charged with the maintenance of public order,
because one stimulation works well for you, doesn't protection and security of life and property, or
mean something else won't feel great too! (end) the maintenance of a desirable and balanced
environment
any barangay member who comes to the aid of
persons in authority, shall be deemed agents of
Part III: Local Government persons in authority.
Units The Punong Barangay - Chief Executive
shall exercise such powers and perform such
The Barangay (Sec384-439) duties and functions, as provided by this Code and
other laws.
Barangay —basic political unit, serves as FOR efficient, effective and economical
the primary planning and implementing unit of governance, the purpose of which is the
government policies, plans, programs, projects, and general welfare of the barangay and its
activities in the community, inhabitants pursuant to Section 16 of this
forum wherein the collective views of the people Code, the punong barangay shall:
may be expressed, crystallized and considered, and (1) Enforce all laws and ordinances which are
where disputes may be amicably settled. applicable within the barangay;
(2) Negotiate, enter into, and sign contracts for
Manner of Creation. — may be created, divided, and in behalf of the barangay, upon
merged, abolished, or its boundary substantially authorization of the sangguniang barangay;
altered, by law or by an ordinance of the (3) Maintain public order in the barangay and, in
sangguniang panlalawigan or panlungsod, subject to pursuance thereof, assist the city or
approval by a majority of the votes cast in a plebiscite municipal mayor and the sanggunian
to be conducted by the COMELEC in the local members in the performance of their duties
government unit or units directly affected within such and functions;
period of time as may be determined by the law or (4) Call and preside over the sessions of the
ordinance creating said barangay. In the case of the sangguniang barangay and the barangay
creation of barangays by the sangguniang assembly, and vote only to break a tie;
panlalawigan, the recommendation of the (5) Upon approval by a majority of all the
sangguniang bayan concerned shall be necessary. members of the sangguniang barangay,
appoint or replace the barangay treasurer,
Requisites for Creation. — the barangay secretary, and other appointive
a contiguous territory EXCEPT if it barangay officials;
comprises two (2) or more islands. (6) Organize and lead an emergency group
a population of at least 2,000 inhabitants whenever the same may be necessary for
(5,000 in cities and municipalities within Metro Manila the maintenance of peace and order or on
and other metropolitan political subdivisions or in occasions of emergency or calamity within
highly urbanized cities the barangay;
Provided, That the creation thereof shall not
reduce the population of the original barangay or
(7) In coordination with the barangay free medical care including subsistence,
development council, prepare the annual medicines, and medical attendance in any gov’t
executive and supplemental budgets of the hospital or institution
barangay; exempted during their incumbency from paying
(8) Approve vouchers relating to the tuition and matriculation fees for their legitimate
disbursement of barangay funds; dependent children attending state colleges or
(9) Enforce laws and regulations relating to universities.
pollution control and protection of the appropriate civil service eligibility on the basis of
environment; the number of years
(10) Administer the operation of the katarungang Elective barangay officials shall have preference in
pambarangay in accordance with the appointments to any government position or GOCC’s
provisions of this Code; members of the barangay tanod brigades, (not
(11) Exercise general supervision over the more than 20)
activities of the sangguniang kabataan; in each barangay, shall be granted insurance or other
(12) Ensure the delivery of basic services as benefits during their incumbency
mandated under Section 17 of this Code;
(13) Conduct an annual palarong barangay which Appointive Barangay Officials:
shall feature traditional sports and disciplines Barangay Secretary and Barangay Treasurer
included in national and international games, appointed by the punong barangay with
in coordination with the Department of the concurrence of the majority of all the
Education, Culture and Sports; sangguniang barangay members. The
(14) Promote the general welfare of the barangay; appointment of the barangay secretary shall not be
and subject to attestation by the Civil Service
(15) Exercise such other powers and perform Commission.
such other duties and functions as may be shall be of legal age, a qualified voter and
prescribed by law or ordinance. an actual resident of the barangay concerned.
In the performance of his peace and order not a sangguniang barangay member, a
functions. the punong barangay shall be entitled to gov’t employee, or a relative of the punong
possess and carry the necessary firearm within his barangay within the fourth civil degree of
territorial jurisdiction, subject to appropriate rules consanguinity of affinity.
and regulations. barangay treasurer shall be bonded in an
amount to be determined by the sangguniang
The Sangguniang Barangay barangay but not exceeding Ten thousand pesos
the legislative body of the barangay, shall be
composed of the punong barangay as presiding Barangay Assembly
officer, and the 7 regular sangguniang barangay composed of all persons who are actual
members elected at large and sangguniang residents of the barangay for at least six (6)
kabataan chairman, as members. months, fifteen (15) years of age or over, citizens of
the Philippines, and duly registered in the list of
As legislative body, enact ordinances as may be barangay assembly members.
necessary to discharge the responsibilities meet at least twice a year to hear and discuss
conferred upon it by law or ordinance and to the semestral report of the sangguniang barangay
promote the general welfare of the inhabitants concerning its activities and finances as well as
therein; by law or ordinance. problems affecting the barangay upon call of the
punong barangay or of at least four (4) members of
Other Duties of Sangguniang Barangay Members the sangguniang barangay, or upon written petition
Assist the punong barangay in the discharge of of at least five percent (5%) of the assembly
his duties and functions; members.
Act as peace officers in the maintenance of 1 wk prior written notice to meeting needed
public order and safety; and except on matters involving public safety or
Perform such other duties and functions as the security, in which case notice within a reasonable
punong barangay may delegate. time shall be sufficient
Facts:
Garvida vs. Sales (1997) During the registration period for the May 1998
elections, petitioners Baytan registered themselves
Facts: twice – one in Precinct No. 83-A and the other in
Garvida was born on 6/11/74. On the day she Precinct No. 129-A. The Election Officer (of Cavite
registered as a voter for SK elections, she was 21 yrs City) forwarded copies of petitioners’ voters’
and 9 mos old. When she assumed office on 6/1/96 registration records to the Provincial Election
she was 10 days away from turning 22. Supervisor for evaluation. Eventually, the Law
Department endorsed the case back to the Provincial
Issue: WON petitioner is qualified to be a voter and a Election Supervisor, who then recommended the
member of the SK filing of an information for double registration against
Held: petitioners. The Comelec en banc affirmed the
recommendation of the Provincial Eleciton SK membership is not a property right protected by
Supervisor. MFR denied. the Constitution because it is a mere statutory right
conferred by law. Congress has the power to
Issue: WON THE COMELEC EN BANC’S prescribe the qualifications for SK membership. It
ASSUMPTION OF ORIGINAL JURISDICTION OVER may amend at any time the law to change or even
THE CASE VIOLATEDTHE CONSTITUTION withdraw the statutory right. State policy to
encourage the youth’s involvement in public affairs
Held: refers to those who belong to the class of people
No. Comelec exercises both administrative and defined as the youth – and Congress has defined and
quasi-judicial function. As regards Comelec’s limited it.
administrative powers, the Constitution does not
prescribe how they should be exercised, i.e. whether RA9164 is Constitutional!
en banc or in division. The Constitution merely vests
the Comelec’s administrative powers in the
“COMELEC while providing that the Comelec may sit See COMELEC Resolution No. 00-0046 (2000)
en banc or in division. As regards its quasi-judicial,
Comelec is mandated to hear and decide cases first Thus, after the above rulings, it is clear that the
by division, and then, upon MFR, by the Comelec en limited instances where the SC approved the
banc. assumption of jurisdiction by the COMELEC En Banc
as follows:
Clearly, Comelec en banc can act directly on matters
falling within its administrative powers. The I. Special Action Cases
prosecution of election law violators involves the 1. Petitions for postponement or suspension of
exercises of the Comelec’s ADMINISTRATIVE elections.
POWERS. There is no constitutional requirement that 2. Petitions to declare failure of election or to annul
the filing of the criminal information be first decided election
by any of the divisions of the Comelec.
II. Special cases
1. petition to declare illegal the composition of
Montesclaros vs. COMELEC (2002) proceedings of local canvassers
2. petitions to correct manifest errors
Facts:
PD684 established Kabataang Barangay (SK now) Further, these are petitions which require actions of
which was composed of all barangay residents less the commission en banc on the basis of the
than 18yrs old without any specified minimum age, to constitutional mandate to enforce and administer all
provide its members opportunity to express their laws relative to the conduct of elections, plebescites
views and opinions on issues of transcendental and initiative to wit:
importance.
Dec4, 1992 – 1st SK elections. It was Reset. I. Special proceedings cases
RA9164 providing that voters and candidates for SK 1. petition for annulment of permanent list of voters
elections must be “at least 15 but less than 18years 2. petitions for accreditation of citizen’s arms
of age on day of election”, and a synchronized SK
and Barangay elections on July15, 2002. II. Election Matters
May6,2002 SK elections and May13 Barangay 1. Recall elections
elections were not held as scheduled. 2 Initiative
COMELEC promulgated Resolution4846 for conduct 3. Pleadings
of July15,2002 synchronized elections. 4. Other contentious matters in exercise of
administrative, supervisory, and regulatory powers of
Held: the Constitution (not falling in the above enumeration)
Court has no power to dictate to Congress the object
or subject of bills to be enacted into law – it would III. Motu Proprio action of the Commission in
destroy the system of checks and balances in the disqualifying candidates.
Constitution. With the passage of RA9164, the right
originally conferred to those 15-21 has been limited
to those who on the date of SK elections are 15-18. Municipality – LGC
The new law restricted the membership – they no
longer fall within the classification and have ceased CHAPTER I: Role and Creation of the Municipality
to be SK members. Sec440. Role of the Municipality. — The
municipality, consisting of a group of barangays,
serves primarily as a general purpose government development coordinator, a municipal
for the coordination and delivery of basic, regular engineer/building official, a municipal health officer
and direct services and effective governance of the and a municipal civil registrar.
inhabitants within its territorial jurisdiction. (b) In addition thereto, the mayor may appoint a
municipal administrator, a municipal legal officer, a
Sec441. Manner of Creation. — A municipal agriculturist, a municipal environment
municipality may be created, divided, merged, and natural resources officer, a municipal social
abolished, or its boundary substantially altered only welfare and development officer, a municipal
by an Act of Congress and subject to the approval architect, and a municipal information officer.
by a majority of the votes cast in a plebiscite to be (c) The sangguniang bayan may:
conducted by the COMELEC in the local (1) Maintain existing offices not mentioned in
government unit or units directly affected. Except subsections (a) and (b) hereof;
as may otherwise be provided in the said Act, the (2) Create such other offices as may be
plebiscite shall be held within one hundred twenty necessary to carry out the purposes of the
(120) days from the date of its effectivity. municipal government; or
(3) Consolidate the functions of any office with
Sec442. Requisites for Creation. — those of another in the interest of efficiency
(a) A municipality may be created if it has an and economy.
average annual income, as certified by the (d) Unless otherwise provided herein, heads of
provincial treasurer, of at least Two million five departments and offices shall be appointed by the
hundred thousand pesos (P2,500,000.00) for the municipal mayor with the concurrence of the
last two (2) consecutive years based on the 1991 majority of all the sangguniang bayan members,
constant prices; a population of at least twenty-five subject to civil service law, rules and regulations.
thousand (25,000) inhabitants as certified by the The sangguniang bayan shall act on the
National Statistics Office; and a contiguous territory appointment within fifteen (15) days from the date
of at least fifty (50) square kilometers as certified by of its submission; otherwise, the same shall be
the Lands Management Bureau: Provided, That the deemed confirmed.
creation thereof shall not reduce the land area, (e) Elective and appointive municipal officials
population or income of the original municipality or shall receive such compensation, allowances and
municipalities at the time of said creation to less other emoluments as may be determined by law or
than the minimum requirements prescribed herein. ordinance, subject to the budgetary limitations on
(b) The territorial jurisdiction of a newly-created personal services as prescribed in Title Five, Book
municipality shall be properly identified by metes Two of this Code: Provided, That no increase in
and bounds. The requirement on land area shall compensation of the mayor, vice-mayor, and
not apply where the municipality proposed to be sangguniang bayan members shall take effect until
created is composed of one (1) or more islands. after the expiration of the full term of all the elective
The territory need not be contiguous if it comprises local officials approving such increase.
two (2) or more islands.
(c) The average annual income shall include the CHAPTER III: Officials and Offices Common to All
income accruing to the general fund of the Municipalities
municipality concerned, exclusive of special funds, ARTICLE I: The Municipal Mayor
transfers and non-recurring income. Sec444. The Chief Executive: Powers,
(d) Municipalities existing as of the date of the Duties, Functions and Compensation. —
effectivity of this Code shall continue to exist and (a) The municipal mayor, as the chief executive
operate as such. Existing municipal districts of the municipal government, shall exercise such
organized pursuant to presidential issuances or powers and performs such duties and functions as
executive orders and which have their respective provided by this Code and other laws.
set of elective municipal officials holding office at (b) For efficient, effective and economical
the time of the effectivity of this Code shall governance the purpose of which is the general
henceforth be considered as regular municipalities. welfare of the municipality and its inhabitants
pursuant to Section 16 of this Code, the municipal
CHAPTER II: Municipal Officials in General mayor shall:
Sec443. Officials of the Municipal (1) Exercise general supervision and control
Government. — over all programs, projects, services, and
(a) There shall be in each municipality a activities of the municipal government, and in
municipal mayor, a municipal vice-mayor, this connection, shall:
sangguniang bayan members, a secretary to the (i) Determine the guidelines of
sangguniang bayan, a municipal treasurer, a municipal policies and be responsible to the
municipal assessor, a municipal accountant, a sangguniang bayan for the program of
municipal budget officer, a municipal planning and government;
(ii) Direct the formulation of the stationed in or assigned to the municipality to
municipal development plan, with the make available to him such books, records,
assistance of the municipal development and other documents in their custody, except
council, and upon approval thereof by the those classified by law as confidential;
sangguniang bayan, implement the same; (xii) Furnish copies of executive orders
(iii) At the opening of the regular session issued by him to the provincial governor
of the sangguniang bayan for every calendar within seventy-two (72) hours after their
year and, as may be deemed necessary, issuance: Provided, That municipalities of
present the program of government and Metropolitan Manila Area and that of any
propose policies and projects for the metropolitan political subdivision shall furnish
consideration of the sangguniang bayan as copies of said executive orders to the
the general welfare of the inhabitants and the metropolitan authority council chairman and
needs of the municipal government may to the Office of the President;
require; (xiii) Visit component barangays of the
(iv) Initiate and propose legislative municipality at least once every six (6)
measures to the sangguniang bayan and, months to deepen his understanding of
from time to time as the situation may problems and conditions therein, listen and
require, provide such information and data give appropriate counsel to local officials and
needed or requested by said sanggunian in inhabitants, inform the component barangay
the performance of its legislative functions; officials and inhabitants of general laws and
(v) Appoint all officials and employees ordinances which especially concern them,
whose salaries and wages are wholly or and otherwise conduct visits and inspections
mainly paid out of municipal funds and to the end that the governance of the
whose appointments are not otherwise municipality will improve the quality of life of
provided for in this Code, as well as those he the inhabitants;
may be authorized by law to appoint; (xiv) Act on leave applications of officials
(vi) Upon authorization by the and employees appointed by him and the
sangguniang bayan, represent the commutation of the monetary value of leave
municipality in all its business transactions credits according to law;
and sign on its behalf all bonds, contracts, (xv) Authorize official trips outside of the
and obligations, and such other documents municipality of municipal officials and
made pursuant to law or ordinance; employees for a period not exceeding thirty
(vii) Carry out such emergency measures (30) days;
as may be necessary during and in the (xvi) Call upon any national official or
aftermath of man-made and natural disasters employee stationed in or assigned to the
and calamities; municipality to advise him on matters
(viii) Determine, according to law or affecting the municipality and to make
ordinance, the time, manner and place of recommendations thereon, or to coordinate
payment of salaries or wages of the officials in the formulation and implementation of
and employees of the municipality; plans, programs and projects, and when
(ix) Allocate and assign office space to appropriate, initiate an administrative or
municipal and other officials and employees judicial action against a national government
who, by law or ordinance, are entitled to such official or employee who may have
space in the municipal hall and other committed an offense in the performance of
buildings owned or leased by the municipal his official duties while stationed in or
government; assigned to the local government unit
(x) Ensure that all executive officials and concerned;
employees of the municipality faithfully (xvii) Subject to availability of funds,
discharge their duties and functions as authorize payment of medical care,
provided by law and this Code, and cause to necessary transportation, subsistence,
be instituted administrative or judicial hospital or medical fees of municipal officials
proceedings against any official or employee and employees who are injured while in the
of the municipality who may have committed performance of their official duties and
as offense in the performance of his official functions;
duties; (xviii) Solemnize marriages, any provision
(xi) Examine the books, records and of law to the contrary notwithstanding;
other documents of all offices, officials, (xix) Conduct a palarong bayan, in
agents or employees of the municipality and coordination with the Department of
in aid of his executive powers and authority, Education, Culture and Sports, as an annual
require all national officials and employees activity which shall feature traditional sports
and disciplines included in national and forces are inadequate to cope with the
international games; and situation or the violators;
(xx) Submit to the provincial governor the (3) Initiate and maximize the generation of
following reports: an annual report containing resources and revenues, and apply the same
a summary of all matters pertaining to the to the implementation of development plans,
management, administration and program objectives and priorities as provided
development of the municipality and all for under Section 18 of this Code, particularly
information and data relative to its political, those resources and revenues programmed
social and economic conditions; and for gro-industrial development and country-
supplemental reports when unexpected wide growth and progress, and relative
events and situations arise at any time during thereto, shall:
the year, particularly when man-made or (i) Require each head of an office or
natural disasters or calamities affect the department to prepare and submit an
general welfare of the municipality, province, estimate of appropriations for the ensuing
region or country. mayors of municipalities of calendar year, in accordance with the budget
the Metropolitan Manila Area and other preparation process under Title Five, Book II
metropolitan political subdivisions shall of this Code;
submit said reports to their respective (ii) Prepare and submit to the
metropolitan council chairmen and to the sanggunian for approval the executive and
Office of the President; supplemental budgets of the municipality for
(2) Enforce all laws and ordinances relative to the ensuing calendar year in the manner
the governance of the municipality and the provided for under Title Five, Book II of this
exercise of its corporate powers provided for Code;
under Section 22 of this Code implement all (iii) Ensure that all taxes and other
approved policies, programs, projects, revenues of the municipality are collected
services and activities of the municipality and that municipal funds are applied in
and, in addition to the foregoing, shall: accordance with law or ordinance to the
(i) Ensure that the acts of the payment of expenses and settlement of
municipality's component barangays and of obligations of the municipality;
its officials and employees are within the (iv) Issue licenses and permits and
scope of their prescribed powers, functions, suspend or revoke the same for any violation
duties and responsibilities; of the conditions upon which said licenses or
(ii) Call conventions, conferences, permits had been issued, pursuant to law or
seminars or meetings of any elective and ordinance;
appointive officials of the municipality, (v) Issue permits, without need of
including provincial officials and national approval therefor from any national agency,
officials and employees stationed in or for the holding of activities for any charitable
assigned to the municipality at such time and or welfare purpose, excluding prohibited
place and on such subject as he may deem games of chance or shows contrary to law,
important for the promotion of the general public policy and public morals;
welfare of the local government unit and its (vi) Require owners of illegally
inhabitants; constructed houses, buildings or other
(iii) Issue such executive orders as are structures to obtain the necessary permit,
necessary for the proper enforcement and subject to such fines and penalties as may
execution of laws and ordinances; be imposed by law or ordinance, or to make
(iv) Be entitled to carry the necessary necessary changes in the construction of the
firearm within his territorial jurisdiction; same when said construction violates any
(v) Act as the deputized representative law or ordinance, or to order the demolition
of the National Police Commission, formulate or removal of said house, building or
the peace and order plan of the municipality structure within the period prescribed by law
and upon its approval implement the same or ordinance;
and exercise general and operational control (vii) Adopt adequate measures to
and supervision over the local police in the safeguard and conserve land, mineral,
municipality in accordance with R.A. No marine, forest, and other resources of the
6975; municipality; provide efficient and effective
(vi) Call upon the appropriate law property and supply management in the
enforcement agencies to suppress disorder, municipality; and protect the funds, credits,
riot, lawless violence, rebellion or sedition or rights and other properties of the
to apprehend violators of the law when public municipality; and
interest so requires and the municipal police
(viii) Institute or cause to be instituted (5) Exercise such other powers and perform
administrative or judicial proceedings for such other duties and functions as may be
violation of ordinances in the collection of prescribed by law or ordinance.
taxes, fees or charges, and for the recovery (b) The vice-mayor shall receive a monthly
of funds and property; and cause the compensation corresponding to Salary Grade
municipality to be defended against all suits twenty five (25) as prescribed under R.A. No. 6758
to ensure that its interests, resources and and the implementing guidelines issued pursuant
rights shall be adequately protected; thereto.
(4) Ensure the delivery of basic services and the
provision of adequate facilities as provided ARTICLE III: The Sangguniang Bayan
for under Section 17 of this Code and, in Sec446. Composition. —
addition thereto, shall: (a) The sangguniang bayan, the legislative body
(i) Ensure that the construction and of the municipality, shall be composed of the
repair of roads and highways funded by the municipal vice mayor as the presiding officer, the
national government shall be, as far as regular sanggunian members, the president of the
practicable, carried out in a spatially municipal chapter of the liga ng mga barangay, the
contiguous manner and in coordination with president of the pambayang pederasyon ng mga
the construction and repair of the roads and sangguniang kabataan, and the sectoral
bridges of the municipality and the province; representatives, as members.
and (b) In addition thereto, there shall be three (3)
(ii) Coordinate the implementation of sectoral representatives: one (1) from the women;
technical services rendered by national and and as shall be determined by the sanggunian
provincial offices, including public works and concerned within ninety (90) days prior to the
infrastructure programs in the municipality; holding of local elections, one (1) from the
and agricultural or industrial workers, and one (1) from
(5) Exercise such other powers and perform other sectors, including the urban poor, indigenous
such other duties and functions as may be cultural communities, or disabled persons.
prescribed by law or ordinance. (c) The regular members of the sangguniang
(c) During his incumbency, the municipal mayor bayan and the sectoral representatives shall be
shall hold office in the municipal hall. elected in the manner as may be provided for by
(d) The municipal mayor shall receive a law.
minimum monthly compensation corresponding to
Salary Grade twenty-seven (27) as prescribed Sec447. Powers, Duties, Functions and
under R.A. No. 6758 and the implementing Compensation. —
guidelines issued pursuant thereto. (a) The sangguniang bayan, as the legislative
body of the municipality, shall enact ordinances,
ARTICLE II: The Vice Mayor approve resolutions and appropriate funds for the
Sec445. Powers, Duties and general welfare of the municipality and its
Compensation. — inhabitants pursuant to Section 16 of this Code and
(a) The vice-mayor shall: in the proper exercise of the corporate powers of
(1) Be the presiding officer of the sangguniang the municipality as provided for under Section 22 of
bayan and sign all warrants drawn on the this Code, and shall:
municipal treasury for all expenditures (1) Approve ordinances and pass resolutions
appropriated for the operation of the necessary for an efficient and effective
sangguniang bayan; municipal government, and in this connection
(2) Subject to civil service law, rules and shall:
regulations, appoint all officials and (i) Review all ordinances approved by
employees of the sangguniang bayan, except the sangguniang barangay and executive
those whose manner of appointment is orders issued by the punong barangay to
specifically provided in this Code; determine whether these are within the
(3) Assume the office of the municipal mayor for scope of the prescribed powers of the
the unexpired term of the latter in the event sanggunian and of the punong barangay;
of permanent vacancy as provided for in (ii) Maintain peace and order by
Section 44, Book I of this Code; enacting measures to prevent and suppress
(4) Exercise the powers and perform the duties lawlessness, disorder, riot, violence, rebellion
and functions of the municipal mayor in or sedition and impose penalties for the
cases of temporary vacancy as provided for violation of said ordinances;
in Section 46, Book I of this Code; and (iii) Approve ordinances imposing a fine
not exceeding Two thousand five hundred
pesos (P2,500.00) or an imprisonment for a
period not exceeding six (6) months, or both records such as those relating to property
in the discretion of the court, for the violation inventory, land ownership, records of births,
of a municipal ordinance; marriages, deaths, assessments, taxation,
(iv) Adopt measures to protect the accounts, business permits, and such other
inhabitants of the municipality from the records and documents of public interest in
harmful effects of man-made or natural the offices and departments of the municipal
disasters and calamities and to provide relief government;
services and assistance for victims during (xi) When the finances of the municipal
and in the aftermath of said disasters or government allow, provide for additional
calamities and their return to productive allowances and other benefits to judges,
livelihood following said events; prosecutors, public elementary and high
(v) Enact ordinances intended to school teachers, and other national
prevent, suppress and impose appropriate government officials stationed in or assigned
penalties for habitual drunkenness in public to the municipality;
places, vagrancy, mendicancy, prostitution, (xii) Provide for legal assistance to
establishment and maintenance of houses of barangay officials who, in the performance of
ill repute, gambling and other prohibited their official duties or on the occasion thereof,
games of chance, fraudulent devices and have to initiate judicial proceedings or defend
ways to obtain money or property, drug themselves against legal action; and
addiction, maintenance of drug dens, drug (xii) Provide for group insurance or
pushing, juvenile delinquency, the printing, additional insurance coverage for barangay
distribution or exhibition of obscene or officials, including members of barangay
pornographic materials or publications, and tanod brigades and other service units, with
such other activities inimical to the welfare public or private insurance companies, when
and morals of the inhabitants of the the finances of the municipal government
municipality; allow said coverage.
(vi) Protect the environment and impose (2) Generate and maximize the use of resources
appropriate penalties for acts which and revenues for the development plans,
endanger the environment, such as dynamite program objectives and priorities of the
fishing and other forms of destructive fishing, municipality as provided for under Section 18
illegal logging and smuggling of logs, of this Code with particular attention to agro-
smuggling of natural resources products and industrial development and countryside
of endangered species of flora and fauna, growth and progress, and relative thereto,
slash and burn farming, and such other shall:
activities which result in pollution, (i) Approve the annual and
acceleration of eutrophication of rivers and supplemental budgets of the municipal
lakes, or of ecological imbalance; government and appropriate funds for
(vii) Subject to the provisions of this Code specific programs, projects, services and
and pertinent laws, determine the powers activities of the municipality, or for other
and duties of officials and employees of the purposes not contrary to law, in order to
municipality; promote the general welfare of the
(viii) Determine the positions and salaries, municipality and its inhabitants;
wages, allowances and other emoluments (ii) Subject to the provisions of Book II of
and benefits of officials and employees paid this Code and applicable laws and upon the
wholly or mainly from municipal funds and majority vote of all the members of the
provide for expenditures necessary for the sangguniang bayan, enact ordinances
proper conduct of programs. projects, levying taxes, fees and charges, prescribing
services, and activities of the municipal the rates thereof for general and specific
government; purposes, and granting tax exemptions,
(ix) Authorize the payment of incentives or reliefs;
compensation to a qualified person not in the (iii) Subject to the provisions of Book II of
government service who fills up a temporary this Code and upon the majority vote of all
vacancy or grant honorarium to any qualified the members of the sangguniang bayan,
official or employee designated to fill a authorize the municipal mayor to negotiate
temporary vacancy in a concurrent capacity, and contract loans and other forms of
at the rate authorized by law; indebtedness;
(x) Provide a mechanism and the (iv) Subject to the provisions of Book II of
appropriate funds therefor, to ensure the this Code and applicable laws and upon the
safety and protection of all municipal majority vote of all the members of the
government property, public documents, or sangguniang bayan, enact ordinances
authorizing the floating of bonds or other (xiii) Grant loans or provide grants to
instruments of indebtedness, for the purpose other local government units or to national,
of raising funds to finance development provincial and municipal charitable,
projects; benevolent or educational institutions:
(v) Appropriate funds for the Provided, That said institutions are operated
construction and maintenance or the rental of and maintained within the municipality;
buildings for the use of the municipality and, (xiv) Regulate the numbering of
upon the majority vote of all the members of residential, commercial and other buildings;
the sangguniang bayan, authorize the and
municipal mayor to lease to private parties (xv) Regulate the inspection, weighing
such public buildings held in a proprietary and measuring of articles of commerce.
capacity, subject to existing laws, rules and (3) Subject to the provisions of Book II of this
regulations; Code, grant franchises, enact ordinances
(vi) Prescribe reasonable limits and authorizing the issuance of permits or
restraints on the use of property within the licenses, or enact ordinances levying taxes,
jurisdiction of the municipality: fees and charges upon such conditions and
(vii) Adopt a comprehensive land use for such purposes intended to promote the
plan for the municipality: Provided, That the general welfare of the inhabitants of the
formulation, adoption, or modification of said municipality, and pursuant to this legislative
plan shall be in coordination with the authority shall:
approved provincial comprehensive land use (i) Fix and impose reasonable fees and
plan; charges for all services rendered by the
(viii) Reclassify land within the jurisdiction municipal government to private persons or
of the municipality, subject to the pertinent entities;
provisions of this Code; (ii) Regulate any business, occupation,
(ix) Enact integrated zoning ordinances or practice of profession or calling which
in consonance with the approved does not require government examination
comprehensive land use plan, subject to within the municipality and the conditions
existing laws, rules and regulations; under which the license for said business or
established fire limits or zones, particularly in practice of profession may be issued or
populous centers; and regulate the revoked;
construction, repair or modification of (iii) Prescribe the terms and conditions
buildings within said fire limits or zones in under which public utilities owned by the
accordance with the provisions of this Code; municipality shall be operated by the
(x) Subject to national law, process and municipal government or leased to private
approve subdivision plans for residential, persons or entities, preferably cooperatives;
commercial, or industrial purposes and other cd
development purposes, and collect (iv) Regulate the display of and fix the
processing fees and other charges the license fees for signs, signboards, or
proceeds of which shall accrue entirely to the billboards at the place or places where the
municipality: Provided, however, That, where profession or business advertised thereby is,
approval by a national agency or office is in whole or in part, conducted;
required, said approval shall not be withheld (v) Any law to the contrary
for more than thirty (30) days from receipt of notwithstanding, authorize and license the
the application. Failure to act on the establishment, operation, and maintenance
application within the period stated above of cockpits, and regulate cockfighting and
shall be deemed as approval thereof; commercial breeding of gamecocks:
(xi) Subject to the provisions of Book II of Provided, That existing rights should not be
this Code, grant the exclusive privilege of prejudiced;
constructing fish corrals or fish pens, or the (vi) Subject to the guidelines prescribed
taking or catching of bangus fry, prawn fry or by the Department of Transportation and
kawag-kawag of fry of any species or fish Communications, regulate the operation of
within the municipal waters; tricycles and grant franchises for the
(xii) With the concurrence of at least two- operation thereof within the territorial
thirds (2/3) of all the members of the jurisdiction of the municipality;
sangguniang bayan, grant tax exemptions, (vii) Upon approval by a majority vote of
incentives or reliefs to entities engaged in all the members of the sangguniang bayan,
community growth-inducing industries, grant a franchise to any person, partnership,
subject to the provisions of Chapter 5, Title I, corporation, or cooperative to establish,
Book II of this Code. construct, operate and maintain ferries,
wharves, markets or slaughterhouses, or and adopt measures to prevent and penalize
such other similar activities within the cruelty to animals; and
municipality as may be allowed by applicable (ix) Regulate the establishment,
laws: Provided, That, cooperatives shall be operation, and maintenance of funeral
given preference in the grant of such a parlors and the burial or cremation of the
franchise. dead, subject to existing laws, rules and
(4) Regulate activities relative to the use of land, regulations.
buildings and structures within the (5) Approve ordinances which shall ensure the
municipality in order to promote the general efficient and effective delivery of the basic
welfare and for said purpose shall: services and facilities as provided for under
(i) Declare, prevent or abate any Section 17 of this Code, and in addition to
nuisance; said services and facilities, shall:
(ii) Require that buildings and the (i) Provide for the establishment,
premises thereof and any land within the maintenance, protection, and conservation of
municipality be kept and maintained in a communal forests and watersheds, tree
sanitary condition; impose penalties for any parks, greenbelts, mangroves, and other
violation thereof, or upon failure to comply similar forest development projects;
with said requirement, have the work done (ii) Establish markets, slaughterhouses
and require the owner, administrator or or animal corrals and authorize the operation
tenant concerned to pay the expenses of the thereof, and regulate the construction and
same; or require the filling up of any land or operation of private markets, talipapas or
premises to a grade necessary for proper other similar buildings and structures;
sanitation; (iii) Authorize the establishment,
(iii) Regulate the disposal of clinical and maintenance and operation of ferries,
other wastes from hospitals, clinics and other wharves, and other structures, and marine
similar establishments; and seashore or offshore activities intended
(iv) Regulate the establishment, to accelerate productivity;
operation and maintenance of cafes, (iv) Regulate the preparation and sale of
restaurants, beerhouses, hotels, motels, meat, poultry, fish, vegetables, fruits, fresh
inns, pension houses, lodging houses, and dairy products, and other foodstuffs for public
other similar establishments, including tourist consumption;
guides and transports; (v) Regulate the use of streets, avenues,
(v) Regulate the sale, giving away or alleys, sidewalks, bridges, parks and other
dispensing of any intoxicating malt, vino, public places and approve the construction,
mixed or fermented liquors at any retail improvement, repair and maintenance of the
outlet; same; establish bus and vehicle stops and
(vi) Regulate the establishment and terminals or regulate the use of the same by
provide for the inspection of steam boilers or privately-owned vehicles which serve the
any heating device in buildings and the public; regulate garages and the operation of
storage of inflammable and highly conveyances for hire; designate stands to be
combustible materials within the municipality; occupied by public vehicles when not in use;
(vii) Regulate the establishment, regulate the putting up of signs, signposts,
operation, and maintenance of entertainment awnings and awning posts on the streets;
or amusement facilities, including theatrical provide for the lighting, cleaning and
performances, circuses, billiards pools, public sprinkling of streets and public places;
dancing schools, public dance halls, sauna (vi) Regulate traffic on all streets and
baths, massage parlors, and other places of bridges, prohibit the putting up of
entertainment or amusement; regulate such encroachments or obstacles thereon, and,
other events or activities for amusement or when necessary in the interest of public
entertainment, particularly those which tend welfare, authorize the removal of
to disturb the community or annoy the encroachments and illegal constructions in
inhabitants, or require the suspension or public places;
suppression of the same; or, prohibit certain (vii) Subject to existing laws, provide for
forms of amusement or entertainment in the establishment, operation, maintenance,
order to protect the social and moral welfare and repair of an efficient waterworks system
of the community; to supply water for the inhabitants; regulate
(viii) Provide for the impounding of stray the construction, maintenance, repair and
animals; regulate the keeping of animals in use of hydrants, pumps, cisterns and
homes or as part of a business, and the reservoirs; protect the purity and quantity of
slaughter, sale or disposition of the same; the water supply of the municipality and, for
this purpose, extend the coverage of and provide for the operation of centers and
appropriate ordinances over all territory facilities for said needy and disadvantaged
within the drainage area of said water supply persons;
and within one hundred (100) meters of the (xv) Establish and provide for the
reservoir, conduit, canal, aqueduct, pumping maintenance and improvement of jails and
station, or watershed used in connection with detention centers, institute sound jail
the water service; and regulate the management programs, and appropriate
consumption, use or wastage of water; funds for the subsistence of detainees and
(viii) Regulate the drilling and excavation convicted prisoners in the municipality;
of the ground for laying of water, gas, sewer, (xvi) Establish a municipal council whose
and other pipes and the construction, repair purpose is the promotion of culture and the
and maintenance of public drains, sewers, arts, coordinate with government agencies
cesspools, tunnels and similar structures; and non-governmental organizations and,
regulate the placing of poles and the use of subject to the availability of funds,
crosswalks, curbs, and gutters; adopt appropriate funds for the support and
measures to ensure public safety against development of the same; and
open canals, manholes, live wires and other (xvi) Establish a municipal council for the
similar hazards to life and property; and orderly which shall formulate policies and
regulate the construction and use of private adopt measures mutually beneficial to the
water closets, privies and other similar elderly and to the community; provide
structures in buildings and homes; incentives for non-governmental agencies
(ix) Regulate the placing, stringing, and entities and, subject to the availability of
attaching, installing, repair and construction funds, appropriate funds to support programs
of all gas mains, electric, telegraph and and projects for the benefit of the elderly; and
telephone wires, conduits, meters and other (6) Exercise such other powers and perform
apparatus; and, provide for the correction, such other duties and functions as may be
condemnation or removal of the same when prescribed by law or ordinance.
found to be dangerous, defective or (b) The members of the sangguniang bayan
otherwise hazardous to the welfare of the shall receive a minimum monthly compensation
inhabitants; corresponding to Salary Grade twenty-four (24) as
(x) Subject to the availability of funds prescribed under R.A. No. 6758 and the
and to existing laws, rules and regulations, implementing guidelines issued pursuant thereto:
establish and provide for the operation of Provided, That, in municipalities in Metropolitan
vocational and technical schools and similar Manila Area and other metropolitan political
post-secondary institutions and, with the subdivisions, members of the sangguniang bayan
approval of the Department of Education. shall receive a minimum monthly compensation
Culture and Sports, fix and collect corresponding to Salary grade twenty-five (25).
reasonable fees and other school charges on
said institutions, subject to existing laws on Olivarez vs. Sandiganbayan (1995)
tuition fees;
(xi) Establish a scholarship fund for poor Facts:
but deserving students residing within the Parañaque Mayor Olivarez was charged by the
municipality in schools located within its Baclaran Credit Coop Inc (BCCI) w/ a violation of the
jurisdiction; anti-graft and corrupt practices law, for unreasonably
(xii) Approve measures and adopt refusing to issue a mayor’s permit despite their
quarantine regulations to prevent the application and the SB resolution authorizing the
introduction and spread of diseases; BCCI to set up a night manufacturer’s fair during the
(xiii) Provide for an efficient and effective Christmas Fiesta Celebration. One of the grounds in
system of solid waste and garbage collection the MTD filed by petitioner was that he had no
disposal and prohibit littering and the placing authority to act on the letter-application of BCCI.
or throwing of garbage, refuse and other filth
and wastes; Issue: WON the mayor has the authority to issue
(xiv) Provide for the care of paupers, the permits
aged, the sick, persons of unsound mind, Held:
disabled persons, abandoned minors, Yes, as mayor, he has authority over the officials
juvenile delinquents, drug dependents, referred to, and he could take appropriate action on
abused children and other needy and the letter-application even though it did not strictly
disadvantaged persons, particularly children follow the normal procedure. He could refer it to the
and youth below eighteen (18) years of age licensing department. He is expressly authorized and
and, subject to availability of funds, establish
has the power to issue permits and licenses for the (c) The average annual income shall include the
holding of activities for any charitable or welfare income accruing to the general fund, exclusive of
purpose (Sec444(b)(3)(iv and v) of LGC). He cannot specific funds, transfers, and non-recurring income.
feign total lack of authority to act on letter-application
of BCCI. Sec451. Cities, Classified. — A city may
either be component or highly urbanized: Provided,
however, That the criteria established in this Code
shall not affect the classification and corporate
status of existing cities.
The City – LGC Independent component cities are those
component cities whose charters prohibit their
CHAPTER I: Role and Creation of the City voters from voting for provincial elective officials.
Sec448. Role of the City. — The city, Independent component cities shall be independent
consisting of more urbanized and developed of the province.
barangays. serves as a general purpose
government for the coordination and delivery of Sec452. Highly Urbanized Cities. —
basic, regular, and direct services and effective (a) Cities with a minimum population of two
governance of the inhabitants within its territorial hundred thousand (200,000) inhabitants as certified
jurisdiction. by the National Statistics Office, and within the
latest annual income of at least Fifty Million Pesos
Sec449. Manner of Creation. — A city may (P50,000,000.00) based on 1991 constant prices,
be created, divided, merged, abolished, or its as certified by the city treasurer, shall be classified
boundary substantially altered, only by an Act of as highly urbanized cities.
Congress, and subject to approval by a majority of (b) Cities which do not meet above requirements
the votes cast in a plebiscite to be conducted by shall be considered component cities of the
the COMELEC in the local government unit or units province in which they are geographically located.
directly affected. Except as may otherwise be If a component city is located within the boundaries
provided in such Act. the plebiscite shall be held of two (2) or more provinces, such city shall be
within one hundred twenty (120) days from the date considered a component of the province of which it
of its effectivity. used to be a municipality.
(c) Qualified voters of highly urbanized cities
Sec450. Requisites for Creation. — shall remain excluded from voting for elective
(a) A municipality or a cluster of barangays may provincial officials.
be converted into a component city if it has an Unless otherwise provided in the Constitution or
average annual income, as certified by the this Code, qualified voters of independent
Department of Finance, of at least Twenty million component cities shall be governed by their
(P20,000,000.00) for the last two (2) consecutive respective charters, as amended, on the
years based on 1991 constant prices, and if it has participation of voters in provincial elections.
either of the following requisites: Qualified voters of cities who acquired the right to
(i) a contiguous territory of at least one hundred vote for elective provincial officials prior to the
(100) square kilometers, as certified by the classification of said cities as highly-urbanized after
Lands Management Bureau; or the ratification of the Constitution and before the
(ii) a population of not less than one hundred effectivity of this Code, shall continue to exercise
fifty thousand (150,000) inhabitants, as such right.
certified by the National Statistics Office:
Provided, That, the creation thereof shall not Sec453. Duty to Declare Highly Urbanized
reduce the land area, population, and income of the Status. — It shall be the duty of the President to
original unit or units at the time of said creation to declare a city as highly urbanized within thirty (30)
less than the minimum requirements prescribed days after it shall have met the minimum
herein. requirements prescribed in the immediately
(b) The territorial jurisdiction of a newly-created preceding section, upon proper application therefor
city shall be properly identified by metes and and ratification in a plebiscite by the qualified voters
bounds. The requirement on land area shall not therein.
apply where the city proposed to be created is
composed of one (1) or more islands. The territory CHAPTER II: City Officials in General
need not be contiguous if it comprises two (2) or Sec454. Officials of the City Government.
more islands. —
(a) There shall be in each city a mayor, a vice-
mayor, sangguniang panlungsod members, a
secretary to the sangguniang panlungsod, a city
treasurer, a city assessor, a city accountant, a city (1) Exercise general supervision and control
budget officer, a city planning and development over all programs, projects, services, and
coordinator, a city engineer, a city health officer, a activities of the city government. and in this
city civil registrar, a city administrator, a city legal connection, shall:
officer, a city veterinarian, a city social welfare and (i) Determine the guidelines of city
development officer, and a city general services policies and be responsible to the
officer. sangguniang panlungsod for the program of
(b) In addition thereto, the city mayor may government;
appoint a city architect, a city information officer, a (ii) Direct the formulation of the city
city agriculturist, a city population officer, a city development plan, with the assistance of the
environment and natural resources officer, and a city development council, and upon approval
city cooperatives officer. thereof by the sangguniang panlungsod,
The appointment of a city population officer shall be implement the same;
optional in the city: Provided, however, That cities (iii) Present the program of government
which have existing population offices shall and propose policies and projects for the
continue to maintain such offices for a period of five consideration of the sangguniang
(5) years from the date of the effectivity of this panlungsod at the opening of the regular
Code, after which said offices shall become session of the sangguniang panlungsod
optional. every calendar year and as often as may be
(c) The sangguniang panlungsod may: deemed necessary as the general welfare of
(1) Maintain existing offices not mentioned in the inhabitants and the needs of the city
subsections (a) and (b) hereof; government may require;
(2) Create such other offices as may be (iv) Initiate and propose legislative
necessary to carry out the purposes of the measures to the sangguniang panlungsod
city government; or and as often as may be deemed necessary,
(3) Consolidate the functions of any office with provide such information and data needed or
those of another in the interest of efficiency requested by said sanggunian in the
and economy. performance of its legislative functions;
(d) Unless otherwise provided herein, heads of (v) Appoint all officials and employees
departments and offices shall be appointed by the whose salaries and wages are wholly or
city mayor with the concurrence of the majority of mainly paid out of city funds and whose
all the sangguniang panlungsod members, subject appointments are not otherwise provided for
to civil service law, rules and regulations. The in this Code, as well as those he may be
sangguniang panlungsod shall act on the authorized by law to appoint;
appointment within fifteen (15) days from the date (vi) Represent the city in all its business
of its submission, otherwise the same shall be transactions and sign in its behalf all bonds,
deemed confirmed. contracts, and obligations, and such other
(e) Elective and appointive city officials shall documents upon authority of the
receive such compensation, allowances, and other sangguniang panlungsod or pursuant to law
emoluments as may be determined by law or or ordinance;
ordinance, subject to the budgetary limitations on (vii) Carry out such emergency measures
personal services prescribed under Title Five, Book as may be necessary during and in the
II of this Code: Provided, That, no increase in aftermath of man-made and natural disasters
compensation of the mayor, vice-mayor and and calamities;
sangguniang panlungsod members shall take effect (viii) Determine the time, manner and
until after the expiration of the full term of the said place of payment of salaries or wages of the
local officials approving such increase. officials and employees of the city, in
accordance with law or ordinance;
CHAPTER III: Officials and Offices Common to All (ix) Allocate and assign office space to
Cities city and other officials and employees who,
ARTICLE I: The City Mayor by law or ordinance, are entitled to such
Sec455. Chief Executive; Powers, Duties space in the city hall and other buildings
and Compensation. — (a) The city mayor, as owned or leased by the city government;
chief executive of the city government, shall (x) Ensure that all executive officials and
exercise such powers and perform such duties and employees of the city faithfully discharge
functions as provided by this Code and other laws. their duties and functions as provided by law
(b) For efficient, effective and economical and this Code, and cause to be instituted
governance the purpose of which is the general administrative or judicial proceedings against
welfare of the city and its inhabitants pursuant to any official or employee of the city who may
Section 16 of this Code, the city mayor shall:
have committed an offense in the (xix) Conduct an annual palarong
performance of his official duties; panlungsod, which shall feature traditional
(xi) Examine the books, records and sports and disciplines included in national
other documents of all offices, officials, and international games, in coordination with
agents or employees of the city and, in aid of the Department of Education, Culture and
his executive powers and authority, require Sports; and
all national officials and employees stationed (xx) Submit to the provincial governor, in
in or assigned to the city to make available to case of component cities; to the Office of the
him such books, records, and other President, in the case of highly-urbanized
documents in their custody, except those cities; to their respective metropolitan
classified by law as confidential; authority council chairmen and to the Office
(xii) Furnish copies of executive orders of the President, in case of cities of the
issued by him, to the provincial governor in Metropolitan Manila Area and other
the case of component city mayors, to the metropolitan political subdivisions, the
Office of the President in the case of highly- following reports: an annual report containing
urbanized city mayors and to their respective a summary of all matters pertinent to the
metropolitan council chairmen in the case of management, administration and
mayors of cities in the Metropolitan Manila development of the city and all information
Area and other metropolitan political and data relative to its political, social and
subdivisions, within seventy-two (72) hours economic conditions; and supplemental
after their issuances; reports when unexpected events and
(xiii) Visit component barangays of the situations arise at any time during the year,
city at least once every six (6) months to particularly when man-made or natural
deepen his understanding of problems and disasters or calamities affect the general
conditions, listen and give appropriate welfare of the city, province, region or
counsel to, local officials and inhabitants, country;
inform the component barangay officials and (2) Enforce all laws and ordinances relative to
inhabitants of general laws and ordinances the governance of the city and in the exercise
which especially concern them, and of the appropriate corporate powers provided
otherwise conduct visits and inspections to for under Section 22 of this Code, implement
ensure that the governance of the city will all approved policies, programs, projects,
improve the quality of life of the inhabitants; services and activities of the city and, in
(xiv) Act on leave applications of officials addition to the foregoing, shall:
and employees appointed by him and the (i) Ensure that the acts of the city's
commutation of the monetary value of their component barangays and of its officials and
leave credits in accordance with law; employees are within the scope of their
(xv) Authorize official trips of city officials prescribed powers, duties and functions;
and employees outside of the city for a (ii) Call conventions, conferences,
period not exceeding thirty (30) days; seminars, or meetings of any elective and
(xvi) Call upon any national official or appointive officials of the city, including
employee stationed in or assigned to the city provincial officials and national officials and
to advise him on matters affecting the city employees stationed in or assigned to the
and to make recommendations thereon; city, at such time and place and on such
coordinate with said official or employee in subject as he may deem important for the
the formulation and implementation of plans, promotion of the general welfare of the local
programs and projects; and, when government unit and its inhabitants;
appropriate, initiate an administrative or (ii) Issue such executive orders for the
judicial action against a national government faithful and appropriate enforcement and
official or employee who may have execution of laws and ordinances;
committed an offense in the performance of (iv) Be entitled to carry the necessary
his official duties while stationed in or firearm within his territorial jurisdiction;
assigned to the city; (v) Act as the deputized representative
(xvii) Authorize payment for medical care, of the National Police Commission, formulate
necessary transportation, subsistence, the peace and order plan of the city and upon
hospital or medical fees of city officials and its approval, implement the same; and as
employees who are injured while in the such exercise general and operational
performance of their duties and functions, control and supervision over the local police
subject to availability of funds; forces in the city, in accordance with R.A. No.
(xviii) Solemnize marriage, any provision of 6975;
law to the contrary notwithstanding;
(vi) Call upon the appropriate law protect the funds, credits, rights and other
enforcement agencies to suppress disorder, properties of the city; and
riot, lawless violence, rebellion or sedition, or (viii) Institute or cause to be instituted
to apprehend violators of the law when public administrative or judicial proceedings for
interest so requires and the city police forces violation of ordinances in the collection of
are inadequate to cope with the situations or taxes, fees or charges, and for the recovery
the violators; of funds and property; and cause the city to
(3) Initiate and maximize the generation of be defended against all suits to ensure that
resources and revenues, and apply the same its interests, resources and rights shall be
to the implementation of development plans, adequately protected;
program objectives and priorities as provided (4) Ensure the delivery of basic services and the
for under Section 18 of this Code, particularly provision of adequate facilities as provided
those resources and revenues programmed for under Section 17 of this Code and, in
for agro-industrial development and addition thereto, shall:
countryside growth and progress and, (i) Ensure that the construction and
relative thereto, shall: repair of roads and highways funded by the
(i) Require each head of an office or national government shall be, as far as
department to prepare and submit an practicable, carried out in a spatially
estimate of appropriations for the ensuing contiguous manner and in coordination with
calendar year, in accordance with the budget the construction and repair of the roads and
preparations process under Title Five, Book II bridges of the city, and in the case of
of this Code; component cities, of the city and of the
(ii) Prepare and submit to the province; and
sanggunian for approval the executive and (ii) Coordinate the implementation of
supplemental budgets of the city for the technical services, including public works and
ensuing calendar year in the manner infrastructure programs, rendered by national
provided for under Title Five, Book II of this offices in the case of highly urbanized and
Code; independent component cities, and by
(iii) Ensure that all taxes and other national and provincial offices in the case of
revenues of the city are collected, and that component cities; and
city funds are applied to the payment of (5) Exercise such other powers and perform
expenses and settlement of obligations of the such other duties and functions as may be
city, in accordance with law or ordinance; prescribed by law or ordinance.
(iv) Issue licenses and permits and (c) During his incumbency, the city mayor shall
suspend or revoke the same for any violation hold office in the city hall.
of the conditions upon which said licenses or (d) The city mayor shall receive a minimum
permits had been issued, pursuant to law or monthly compensation corresponding to Salary
ordinance; Grade Thirty (30) as prescribed under R.A. No.
(v) Issue permits, without need of 6758 and the implementing guidelines issued
approval therefor from any national agency, pursuant thereto.
for the holding of activities for any charitable
or welfare purpose, excluding prohibited ARTICLE II: The City Vice-Mayor
games of chance or shows contrary to law, Sec456. Powers, Duties and
public policy and public morals; Compensation. —
(vi) Require owners of illegally (a) The city vice-mayor shall:
constructed houses, buildings or other (1) Be the presiding officer of the sangguniang
structures to obtain the necessary permit, panlungsod and sign all warrants drawn on
subject to such fines and penalties as may the city treasury for all expenditures
be imposed by law or ordinance, or to make appropriated for the operation of the
necessary changes in the construction of the sangguniang panlungsod;
same when said construction violates any (2) Subject to civil service law, rules and
law or ordinance, or to order the demolition regulations, appoint all officials and
or removal of said house, building or employees of the sangguniang panlungsod,
structure within the period prescribed by law except those whose manner of appointment
or ordinance; is specifically provided in this Code;
(vii) Adopt adequate measures to (3) Assume the office of the city mayor for the
safeguard and conserve land, mineral, unexpired term of the latter in the event of
marine, forest, and other resources of the permanent vacancy as provided for in
city; provide efficient and effective property Section 44, Book I of this Code;
and supply management in the city; and
(4) Exercise the powers and perform the duties or sedition and impose penalties for violation
and functions of the city mayor in cases of of said ordinances;
temporary vacancy as provided for in Section (iii) Approve ordinances imposing a fine
46, Book I of this Code; and not exceeding Five thousand pesos
(5) Exercise such other powers and perform (P5,000.00) or an imprisonment for a period
such other duties and functions as may be not exceeding one (1) year, or both in the
prescribed by law or ordinance. discretion of the court, for the violation of a
(b) The city vice-mayor shall receive a monthly city ordinance;
compensation corresponding to Salary Grade (iv) Adopt measures to protect the
twenty eight (28) for a highly urbanized city and inhabitants of the city from the harmful effects
Salary Grade twenty-six (26) for a component city, of man-made or natural disasters and
as prescribed under R.A. No. 6758 and the calamities, and to provide relief services and
implementing guidelines issued pursuant thereto. assistance for victims during and in the
aftermath of said disasters or calamities and
ARTICLE III: The Sangguniang Panlungsod their return to productive livelihood following
Sec457. Composition — said events;
(a) The sangguniang panlungsod, the legislative (v) Enact ordinances intended to
body of the city, shall be composed of the city vice- prevent, suppress and impose appropriate
mayor as presiding officer, the regular sanggunian penalties for habitual drunkenness in public
members, the president of the city chapter of the places, vagrancy, mendicancy, prostitution,
liga ng mga barangay, the president of the establishment and maintenance of houses of
panlungsod na pederasyon ng mga sangguniang ill repute, gambling and other prohibited
kabataan, and the sectoral representatives, as games of chance, fraudulent devices and
members. ways to obtain money or property, drug
(b) In addition thereto, there shall be three (3) addiction, maintenance of drug dens, drug
sectoral representatives: one (1) from the women; pushing, juvenile delinquency, the printing,
and as shall be determined by the sanggunian distribution or exhibition of obscene or
concerned within ninety (90) days prior to the pornographic materials or publications, and
holding of the local elections, one (1) from such other activities inimical to the welfare
agricultural or industrial workers; and one (1) from and morals of the inhabitants of the city.
the other sectors, including the urban poor, (vi) Protect the environment and impose
indigenous cultural communities, or disabled appropriate penalties for acts which
persons. endanger the environment, such as dynamite
(c) The regular members of the sangguniang fishing and other forms of destructive fishing,
panlungsod and the sectoral representatives shall illegal logging and smuggling of logs,
be elected in the manner as may be provided for by smuggling of natural resources products and
law. of endangered species of flora and fauna,
slash and burn farming, and such other
Sec458. Powers, Duties, Functions and activities which result in pollution,
Compensation. — acceleration of eutrophication of rivers and
(a) The sangguniang panlungsod, as the lakes, or of ecological imbalance;
legislative body of the city, shall enact ordinances, (vii) Subject to the provisions of this Code
approve resolutions and appropriate funds for the and pertinent laws, determine the powers
general welfare of the city and its inhabitants and duties of officials and employees of the
pursuant to Section 16 of this Code and in the city;
proper exercise of the corporate powers of the city (viii) Determine the positions and the
as provided for under Section 22 of this Code, and salaries, wages, allowances and other
shall: emoluments and benefits of officials and
(1) Approve ordinances and pass resolutions employees paid wholly or mainly from city
necessary for an efficient and effective city funds and provide for expenditures
government, and in this connection, shall: necessary for the proper conduct of
(i) Review all ordinances approved by programs, projects, services, and activities of
the sangguniang barangay and executive the city government;
orders issued by the punong barangay to (ix) Authorize the payment of
determine whether these are within the compensation to a qualified person not in the
scope of the prescribed powers of the government service who fills up a temporary
sanggunian and of the punong barangay; vacancy or grant honorarium to any qualified
(ii) Maintain peace and order by official or employee designated to fill a
enacting measures to prevent and suppress temporary vacancy in a concurrent capacity,
lawlessness, disorder, riot, violence, rebellion at the rate authorized by law;
(x) Provide a mechanism and the majority vote of all the members of the
appropriate funds therefor, to ensure the sangguniang panlungsod, enact ordinances
safety and protection of all city government authorizing the floating of bonds or other
property, public documents, or records such instruments of indebtedness, for the purpose
as those relating to property inventory, land of raising funds to finance development
ownership, records of births, marriages, projects;
deaths, assessments, taxation, accounts, (v) Appropriate funds for the
business permits, and such other records construction and maintenance or the rental of
and documents of public interest in the buildings for the use of the city; and, upon
offices and departments of the city the majority vote of all the members of the
government; sangguniang panlungsod, authorize the city
(xi) When the finances of the city mayor to lease to private parties such public
government allow, provide for additional buildings held in a proprietary capacity,
allowances and other benefits to judges, subject to existing laws, rules and
prosecutors, public elementary and high regulations;
school teachers, and other national (vi) Prescribe reasonable limits and
government officials stationed in or assigned restraints on the use of property within the
to the city; jurisdiction of the city;
(xii) Provide legal assistance to barangay (vii) Adopt a comprehensive land use
officials who, in the performance of their plan for the city: Provided, That in the case of
official duties or on the occasion thereof, component cities, the formulation, adoption
have to initiate judicial proceedings or defend or modification of said plan shall be in
themselves against legal action; and coordination with the approved provincial
(xiii) Provide for group insurance or comprehensive land use plan;
additional insurance coverage for all (viii) Reclassify land within the jurisdiction
barangay officials, including members of of the city, subject to the pertinent provisions
barangay tanod brigades and other service of this Code;
units, with public or private insurance (ix) Enact integrated zoning ordinances
companies, when the finances of the city in consonance with the approved
government allow said coverage; comprehensive land use plan, subject to
(2) Generate and maximize the use of resources existing laws, rules and regulations; establish
and revenues for the development plans, fire limits or zones, particularly in populous
program objectives and priorities of the city centers; and regulate the construction, repair
as provided for under Section 18 of this or modification of buildings within said fire
Code, with particular attention to agro- limits or zones in accordance with the
industrial development and city-wide growth provisions of the Fire Code;
and progress, and relative thereto, shall: (x) Subject to national law, process and
(i) Approve the annual and approve subdivision plans for residential,
supplemental budgets of the city government commercial, or industrial purposes and other
and appropriate funds for specific programs, development purposes, and to collect
projects, services and activities of the city, or processing fees and other charges, the
for other purposes not contrary to law, in proceeds of which shall accrue entirely to the
order to promote the general welfare of the city: Provided, however, That where approval
city and its inhabitants; of a national agency or office is required, said
(ii) Subject to the provisions of Book II of approval shall not be withheld for more than
this Code and applicable laws and upon the thirty (30) days from receipt of the
majority vote of all the members of the application. Failure to act on the application
sangguniang panlungsod, enact ordinances within the period stated above shall be
levying taxes, fees and charges, prescribing deemed as approval thereof;
the rates thereof for general and specific (xi) Subject to the provisions of Book II of
purposes, and granting tax exemptions, this Code, grant the exclusive privilege of
incentives or reliefs; constructing fish corrals or fish pens, or the
(iii) Subject to the provisions of Book II of taking or catching of bangus fry, prawn fry or
this Code and upon the majority vote of all kawag-kawag, or fry of any species or fish
the members of the sangguniang within the city waters;
panlungsod, authorize the city mayor to (xii) With the concurrence of at least two-
negotiate and contract loans and other forms thirds (2/3) of all the members of the
of indebtedness; sangguniang panlungsod, grant tax
(iv) Subject to the provisions of Book II of exemptions, incentives or reliefs to entities
this Code and applicable laws and upon the engaged in community growth-inducing
industries, subject to the provisions of markets or slaughterhouses; or undertake
Chapter 5, Title I, Book II of this Code; such other activities within the city as may be
(xiii) Grant loans or provide grants to allowed by existing laws: Provided, That,
other local government units or to national, cooperatives shall be given preference in the
provincial, and city charitable, benevolent or grant of such a franchise.
educational institutions: Provided, That, said (4) Regulate activities relative to the use of land,
institutions are operated and maintained buildings and structures within the city in
within the city; order to promote the general welfare and for
(xiv) Regulate the numbering of said purpose shall:
residential, commercial and other buildings; (i) Declare, prevent or abate any
and nuisance;
(xv) Regulate the inspection, weighing (ii) Require that buildings and the
and measuring of articles of commerce. premises thereof and any land within the city
(3) Subject to the provisions of Book II of this be kept and maintained in a sanitary
Code, enact ordinances granting franchises condition; impose penalties for any violation
and authorizing the issuance of permits or thereof; or, upon failure to comply with said
licenses, upon such conditions and for such requirement, have the work done at the
purposes intended to promote the general expense of the owner, administrator or tenant
welfare of the inhabitants of the city and concerned; or require the filling up of any
pursuant to this legislative authority shall: land or premises to a grade necessary for
(i) Fix and impose reasonable fees and proper sanitation;
charges for all services rendered by the city (iii) Regulate the disposal of clinical and
government to private persons or entities; other wastes from hospitals, clinics and other
(ii) Regulate or fix license fees for any similar establishments;
business or practice of profession within the (iv) Regulate the establishment,
city and the conditions under which the operation and maintenance of cafes,
license for said business or practice of restaurants, beerhouses, hotels, motels,
profession may be revoked and enact inns, pension houses, lodging houses, and
ordinances levying taxes thereon; other similar establishments, including tourist
(iii) Provide for and set the terms and guides and transports;
conditions under which public utilities owned (v) Regulate the sale, giving away or
by the city shall be operated by the city dispensing of any intoxicating malt, vino,
government, and prescribe the conditions mixed or fermented liquors at any retail
under which the same may be leased to outlet;
private persons or entities, preferably (vi) Regulate the establishment and
cooperatives; cd i provide for the inspection of steam boilers or
(iv) Regulate the display of and fix the any heating device in buildings and the
license fees for signs, signboards, or storage of inflammable and highly
billboards at the place or places where the combustible materials within the city;
profession or business advertised thereby is, (vii) Regulate the establishment,
in whole or in part, conducted; operation, and maintenance of any
(v) Any law to the contrary entertainment or amusement facilities,
notwithstanding, authorize and license the including theatrical performances, circuses,
establishment, operation, and maintenance billiard pools, public dancing schools, public
of cockpits, and regulate cockfighting and dance halls, sauna baths, massage parlors,
commercial breeding of gamecocks: and other places for entertainment or
Provided, That existing rights should not be amusement; regulate such other events or
prejudiced; activities for amusement or entertainment,
(vi) Subject to the guidelines prescribed particularly those which tend to disturb the
by the Department of Transportation and community or annoy the inhabitants, or
Communications, regulate the operation of require the suspension or suppression of the
tricycles and grant franchises for the same; or, prohibit certain forms of
operation thereof within the territorial amusement or entertainment in order to
jurisdiction of the city; protect the social and moral welfare of the
(vii) Upon approval by a majority vote of community;
all the members of the sangguniang (viii) Provide for the impounding of stray
panlungsod: grant a franchise to any person, animals; regulate the keeping of animals in
partnership, corporation, or cooperative to do homes or as part of a business, and the
business within the city; establish, construct, slaughter, sale or disposition of the same;
operate and maintain ferries, wharves,
and adopt measures to prevent and penalize and reservoirs; protect the purity and quantity
cruelty to animals; and of the water supply of the city and, for this
(ix) Regulate the establishment, purpose, extend the coverage of appropriate
operation and maintenance of funeral parlors ordinances over all territory within the
and the burial or cremation of the dead, drainage area of said water supply and within
subject to existing laws, rules and one hundred (100) meters of the reservoir,
regulations. conduit, canal, aqueduct, pumping station, or
(5) Approve ordinances which shall ensure the watershed used in connection with the water
efficient and effective delivery of the basic service; and regulate the consumption, use
services and facilities as provided for under or wastage of water and fix and collect
Section 17 of this Code, and in addition to charges therefor;
said services and facilities, shall: (viii) Regulate the drilling and excavation
(i) Provide for the establishment, of the ground for the laying of water, gas,
maintenance, protection, and conservation of sewer, and other pipes and the construction,
communal forests and watersheds, tree repair and maintenance of public drains,
parks, greenbelts, mangroves, and other sewers, cesspools, tunnels and similar
similar forest development projects; structures; regulate the placing of poles and
(ii) Establish markets, slaughterhouses the use of crosswalks, curbs, and gutters;
or animal corrals and authorize the operation adopt measures to ensure public safety
thereof by the city government; and regulate against open canals, manholes. live wires
the construction and operation of private and other similar hazards to life and property;
markets, talipapas or other similar buildings and regulate the construction and use of
and structures; private water closets, privies and other
(iii) Authorize the establishment, similar structures in buildings and homes;
maintenance and operation by the city (ix) Regulate the placing, stringing,
government of ferries, wharves, and other attaching, installing, repair and construction
structures intended to accelerate productivity of all gas mains, electric, telegraph and
related to marine and seashore or offshore telephone wires, conduits, meters and other
activities; apparatus; and provide for the correction,
(iv) Regulate the preparation and sale of condemnation or removal of the same when
meat, poultry, fish, vegetables, fruits, fresh found to be dangerous, defective, or
dairy products, and other foodstuffs for public otherwise hazardous to the welfare of the
consumption; inhabitants;
(v) Regulate the use of streets, avenues, (x) Subject to the availability of funds
alleys, sidewalks, bridges, parks and other and to existing laws, rules and regulations,
public places and approve the construction, establish and provide for the operation of
improvement repair and maintenance of the vocational and technical schools and similar
same; establish bus and vehicle stops and post-secondary institutions and, with the
terminals or regulate the use of the same by approval of the Department of Education,
privately-owned vehicles which serve the Culture and Sports and subject to existing
public; regulate garages and the operation of law on tuition fees, fix and collect reasonable
conveyances for hire; designate stands to be tuition fees and other school charges in
occupied by public vehicles when not in use; educational institutions supported by the city
regulate the putting up of signs, signposts, government;
awnings and awning posts on the streets; (xi) Establish a scholarship fund for the
and provide for the lighting, cleaning and poor but deserving students in schools
sprinkling of streets; and public places; located within its jurisdiction or for students
(vi) Regulate traffic on all streets and residing within the city;
bridges; prohibit encroachments or obstacles (xii) Approve measures and adopt
thereon, and when necessary in the interest quarantine regulations to prevent the
of public welfare, authorize the removal or introduction and spread of diseases;
encroachments and illegal constructions in (xiii) Provide for an efficient and effective
public places; system of solid waste and garbage collection
(vii) Subject to existing laws, establish and disposal; prohibit littering and the placing
and provide for the maintenance, repair and or throwing of garbage, refuse and other filth
operation of an efficient waterworks system and wastes;
to supply water for the inhabitants and to (xiv) Provide for the care of disabled
purify the source of the water supply; persons, paupers, the aged, the sick,
regulate the construction, maintenance, persons of unsound mind, abandoned
repair and use of hydrants, pumps, cisterns minors, juvenile delinquents, drug
dependents, abused children and other (i) a contiguous territory of at least one hundred
needy and disadvantaged persons, (100) square kilometers, as certified by the
particularly children and youth below Land Management Bureau; or
eighteen (18) years of age; and subject to (ii) a population of not less than one hundred
availability of funds, establish and provide for fifty thousand (150,000) inhabitants, as
the operation of centers and facilities for said certified by the National Statistics Office.
needy and disadvantaged persons; The creation thereof shall not reduce the land
(xv) Establish and provide for the area, population and income of the original unit or
maintenance and improvement of jails and units at the time of said creation to less than the
detention centers, institute a sound jail minimum requirements prescribed herein.
management program, and appropriate funds (b) The territorial jurisdiction of a newly-created
for the subsistence of detainees and city shall be properly identified by metes and
convicted prisoners in the city; bounds. The requirement on land area shall not
(xvi) Establish a city council whose apply where the city proposed to be created is
purpose is the promotion of culture and the composed of one (1) or more islands. The territory
arts, coordinate with government agencies need not be contiguous if it comprises two (2) or
and non-governmental organizations and, more islands.
subject to the availability of funds, (c) The average annual income shall include the
appropriate funds for the support and income accruing to the general fund, exclusive of
development of the same; and special funds, transfers, and non-recurring income."
(xvii) Establish a city council for the elderly
which shall formulate policies and adopt
measures mutually beneficial to the elderly Gordon vs. Verdiano II (1988)
and to the community; provide incentives for
non-governmental agencies and entities and, Facts:
subject to the availability of funds, Yambao operated 2 drugstores in Olongapo . One
appropriate funds to support programs and was temporarily closed down by FDA after a test buy
projects for the benefit of the elderly; and operation. After receiving the same report, Mayor
(6) Exercise such other powers and perform Gordon subsequently revoked the mayor’s permit for
such other duties and functions as may be rampant violations of pharmacy and dangerous drugs
prescribed by law or ordinance. law. He ordered permanent closure. FDA lifted the
(b) The members of the sangguniang temporary closure and Yambao sought reissuance of
panlungsod of component cities shall receive a permit. Yambao then sought the permission from FDA
minimum monthly compensation corresponding to to exchange location of 2 drugstores for business
Salary Grade twenty-five (25) and members of the preference. FDA granted but Mayor disapproved and
sangguniang panlungsod of highly-urbanized cities suspended permit of 2nd drugstore.
shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-seven (27), Issue: Who has the power to grant and revoke
as prescribed under R.A. 6758 and the licenses for operation of drug stores in the city
implementing guidelines issued pursuant thereto. Held:
Mayor has no authority to revoke a business permit
RA9009 (2001) – An Act Amending Section 450 Of for the violation of the Pharmacy Law or Dangerous
RA7160 LGC Of 1991, By Increasing The Average Drugs Act. It however has authority to approve or
Annual Income Requirement For A Municipality Or disapprove the exchange of locations requested by
Cluster Of Barangays To Be Converted Into A Yambao.
Component City An application to establish a drug store in Olongapo
must be filed w/ the office of the Mayor and must
Sec1. Section 450 of Republic Act No. 7160, show that the applicant has complied with the
otherwise known as the Local Government Code of existing ordinances in health and sanitation, location
1991, is hereby amended to read as follows: or zoning, fire or building and other local
"Section 450. Requisites for Creation. — requirements. On the other hand, the authorization to
(a) A municipality or a cluster of barangays may operate issued by the FDA is a condition precedent to
be converted into a component city if it has a locally the grant of a mayor's permit to the drug store
generated average annual income, as certified by seeking to operate within the limits of the city. This
the Department of Finance, of at least One hundred requirement is imperative. Hence, a permit issued by
million pesos (P100,000,000.00) for the last two (2) the mayor to a drug store not previously cleared with
consecutive years based on 2000 constant prices, and licensed by the said agency will be a nullity.
and if it has either of the following requisites: However, the issuance of the Mayor’s permit is not
mandatory once the FDA has licensed the operation
of the applicant drugstore. The applicant still has to
comply w/ the local requirements of the city. Should HELD:
there be no compliance w/ the local requirements, the No.A license or permit is not in the nature of a
mayor in the exercise of his own authority under the contract but a special privilege, thus estoppel cannot
charter may refuse to grant the permit sought. The apply in this case. The fact that petitioner acquiesced
power to approve a license includes by implication, in the special conditions imposed by the City Mayor
even if not expressly granted, the power to revoke it. in subject business permit does not preclude it from
Thus, if the FDA grants a license upon its finding that challenging the said imposition, which is ultra vires or
the applicant drug store has complied with the beyond the ambit of authority of respondent City
requirements of the general laws and the Mayor. Ultra vires acts or acts which are clearly
implementing administrative rules and regulations, it beyond the scope of one's authority are null and void
is only for their violation that the FDA may revoke the and cannot be given any effect. The doctrine of
said license. Necessarily, the city mayor may only estoppel cannot operate to give effect to an act which
revoke the permits issued for violation of the local is otherwise null and void or ultra vires.
requirements imposed.
The issuance of business licenses and permits by a
NOTES: municipality or city is essentially regulatory in nature.
Since LGU is not bound to allow operations even The authority, which devolved upon local government
after the proper agency had given its license, LGU’s units to issue or grant such licenses or permits, is
can make it more diffcicult for this business to essentially in the exercise of the police power of the
operate. state within the contemplation of the general welfare
clause of the Local Government Code.
Q: Can Mayor require compliance w/ all the national
laws and regulations before issuing the permit? (ie
present in the permit) Lim vs. CA (2002)
A: Yes. The presence of this clause does not
invalidate the permit. But the finding of violation must Facts:
be made by the nat’l agency and not the mayor. Policemen under Mayor Lim’s instructions inspected
and investigated Bistro Pigalle’s license as well as
the work permits and health certificates of its staff
Acebedo Optical Company vs. CA (2000) causing the stoppage of work in Bistro’s night club
and restaurant operations. Lim also refused to accept
Facts: Bistro’s application for a business license, as well as
Acebedo applied with the Office of the Mayor of Iligan the work permit applications of Bistro’s staff, for the
City for a business permit and was issued subject to year 1993.Bistro filed before the trial court a petition
the certain conditions. SOPI lodged a complaint against Manila Mayor Lim..
against the Acebedo before the Office of the City
Mayor, alleging that Acebedo had violated the Held:
conditions set forth in its business permit. The law expressly provides for such authority.
Section 11 (l), Article II of the Revised Charter of the
Issue1: What is a business permit? City of Manila and Section 455 (3) (iv) of the LGC is
Held: clear that the power of the mayor to issue business
The grant of a license or permit to do business is licenses and permits necessarily includes the
usually granted by the local authorities which corollary power to suspend, revoke or even refuse to
authorizes the person, natural or otherwise, to issue the same. However, the power to suspend or
engage in business or some form of commercial revoke these licenses and permits is expressly
activity. Whereas, the issuance of a license to premised on the violation of the conditions of these
engage in the practice of a particular profession is permits and licenses. Similarly, the power to refuse to
issued by the Board or Commission tasked to issue such licenses and permits is premised on non-
regulate the particular profession. It is the grant of compliance with the prerequisites for the issuance of
authority to a natural person to engage in the practice such licenses and permits. The mayor must observe
or exercise of his or her profession. due process in exercising these powers, which
means that the mayor must give the applicant or
ISSUE 2: WON the business permit issued by the licensee notice and opportunity to be heard.
city Mayor is a contract entered into by Iligan City
in the exercise of its proprietary functions, such True, the mayor has the power to inspect and
that although petitioner agreed to such investigate private commercial establishments for any
conditions, it cannot be held in estoppel since violation of the conditions of their licenses and
ultra vires acts cannot be given effect. permits. However, the mayor has no power to order
a police raid on these establishments in the guise of legislative contempt. The contempt power is sui
inspecting or investigating these commercial generis and local legislative bodies cannot correctly
establishments claim to possess it for the same reasons that the
national legislature does. The power attaches not to
the discharge of legislative functions per se but to the
Mathay Jr. vs. Felt Foods, Inc. (1999) character of the legislature as one of the 3
independent and coordinate branches of the gov’t.
Facts: The same thing cannot be said of local legislative
Mathay issued a temporary business permit valid bodies which are mere creatures of law. The power to
until Dec 31, 1997 in favor of respondent to operate subpoena witnesses and the power to punish non-
its business, Club Giorgio. Sometime in November, members for contempt may not also be implied in the
there were police reports that respondent violated delegation of legislative power as such partake of a
terms of its permit. Petitioner ordered the closure of judicial nature.
the establishment and ordered the city legal dept to
investigate the matter. Due notice was sent to NOTE:
respondent but it failed to reply. Upon finding that Still good law. LGC did not grant it power to issue
respondent violated permit, petitioner cancelled subpoena or contempt power.
permit. Respondent went to RTC to annul the closure
order. RTC issued injunction. CA affirmed.
City of Quezon vs. Lexber, Inc. (2001)
Issue: WON cause of action has been mooted due to
expiration of respondent’s permit Facts:
Held: A Tri-Partitie MOA was drawn between QC,
Respondent’s permit has already expired. It is a represented by its mayor Brigido Simon, Jr., Lexber,
widely accepted rule that courts will not assume and the Municipality of Antipolo, whereby a parcel of
jurisdiction over a case when it has been rendered land in Antipolo was to be used as a garbage
moot by a supervening event such as the expiration dumping site by QC and other M. Mla. cities or
of a contract. This forecloses the complainant’s right municipalities, for a 5-year period from Jan. 1991 to
to demand specific performance under the terms of Dec. 1995. A 2nd contract was entered into where
expired contract from the defendant. Any loss or Lexber shall provide maintenance services in the
damage suffered by the complainant from the alleged form of manpower, equipment and engineering
unlawful act under the terms and during the existence operations for the dumpsite
of the expired contract may be remedied by a claim In view of the idle state of the dumpsite for more than
for damages and not by a writ of injunction to enjoin year, Lexber also sought clarification from QC
the effects of the expiration of the contract. regarding its intention on the dumpsite project.
QC, through Mayor Mathay, denied any liability under
NOTES: the contract on the ground that the same was invalid
Q: What if police visited and saw pirated cds or and unenforceable.
prostitutes? Can they shut down place or make
arrests? Issue: WON the contract is void ab initio
A: Yes. Can shut down and arrest so long as they are Held:
given chance to defend themselves. If there’s a No. PD 1445 does not provide that the absence of an
violation of nat’l law, can shut down. appropriation law ipso facto makes a contract entered
into by an LGU null and void Sec. 84 specifically
Q: Are raids allowed? (outside this case) provides: “Revenue funds shall not be paid out of any
A: Yes, raids are not conducted by police only but public treasury or depository except in pursuance of
jointly w/ gov’t agency. Except if there’s an ordinance an appropriation law or other specific statutory
prohibiting raids. authority.” Consequently, public funds may be
disbursed not only pursuant to an appropriation law,
but also in pursuance of other specific statutory
Negros Oriental II Electric Cooperative Inc. vs. authority.
Sangguniang Panglungsod ng Dumaguete (1987)
Now, LGC of 1991 prohibits the city mayor from
Issue: WON the Sangguniang Panglungsod has the entering into contracts for the public welfare, unless
authority to issue subpoenas and punish non- and until there is prior authority from the city council.
members for legislative contempt
Held:
The Sangguniang panglungsod has no authority to Dadole vs. COA (2002)
issue subpoenas and punish non-members for
Facts: Sec. 327. Review of Appropriation Ordinances of
In 1986, RTC and MTC judges of Mandaue city Component Cities and Municipalities. – The
started receiving monthly allowances of P1,260 each sangguniang panlalawigan shall review the ordinance
through the yearly appropriation ordinance enacted authorizing annual or supplemental appropriations of
by the Sangguniang Panlungsod of the city. (DBM) component cities and municipalities in the same
issued the Local Budget Circular 55 which provided manner and within the same period prescribed for the
that: such additional allowances in the form of review of other ordinances.
honorarium at rates not exceeding P1,000 in If within 90 days from receipt of copies of such
provinces and cities and P700 in municipalities may ordinance, the SP takes no action thereon, the same
be granted, effective immediately shall be deemed to have been reviewed in
accordance with law and shall continue to be in full
Issue: WON LBC 55 of the DBM is void (for going force and effect. city.
beyond the supervisory powers of the Pres. and for
not having been published) NOTES:
Held: Is this good idea? LGU gives allowance to judges?
YES, the Pres. or any of his or her alter egos cannot Does this impair integrity of court?
interfere in local affairs as long as the concerned
LGU acts within the parameters of the law and the
Constitution. Any directive therefore by the Pres. or The Province – LGC
any of his or her alter egos seeking to alter the
wisdom of a law-conforming judgment on local affairs
CHAPTER I: Role and Creation of the Province
of a LGU is a patent nullity because it violates the
Sec459. Role of the Province. — The
principle of local autonomy and separation of powers
province, composed of cluster of municipalities, or
of the executive and legislative departments in
municipalities and component cities, and as a
governing municipal corporations.
political and corporate unit of government, serves
as dynamic mechanism for developmental
Sec. 458 of RA 7160, the law that supposedly serves
processes and effective governance of local
as the legal basis of LBC 55, allows the grant of
government units within its territorial jurisdiction.
additional allowances “when the finances of the city
government allow.” The said provision does not
Sec460. Manner of Creation. — A province
authorize setting a definite maximum limit to the
may be created, divided, merged, abolished, or its
additional allowances granted to judges. Thus,
boundary substantially altered, only by an Act of
we need not belabor the point that the finances of a
Congress and subject to approval by a majority of
city government may allow the grant of additional
the votes cast in a plebiscite to be conducted by
allowances higher than P1,000 if the revenues of the
the COMELEC in the local government unit or units
said city government exceed its annual expenditures.
directly affected. The plebiscite shall be held within
one hundred twenty (120) days from the date of
LBC 55 is also void on account of its lack of
effectivity of said Act, unless otherwise provided
publication in violation of the SC ruling in Tanada v.
therein.
Tuvera.
Sec461. Requisites for Creation. —
Issue2: WON the yearly appropriation ordinance
(a) A province may be created if it has an
enacted by Mandaue City that provides for additional
average annual income, as certified by the
allowances to judges contravenes the annual
Department of Finance, of not less than Twenty
appropriation laws enacted by Cong.
million pesos (P20,000,000.00) based on 1991
Held:
constant prices and either of the following
No. COA failed to prove that Mandaue City used the
requisites:
IRA to spend for the additional allowances of the
(i) a contiguous territory of at least two
judges. Moreover, the DBM neither conducted a
thousand (2,000) square kilometers, as
formal review nor ordered a disapproval of Mandaue
certified by the Lands Management Bureau;
City’s appropriation ordinances, in accordance with
or
the procedure outlined in Secs. 326 and 327 of RA
(ii) a population of not less than two hundred fifty
7160:
thousand (250,000) inhabitants as certified
Sec. 326. Review of Appropriation Ordinances of
by the National Statistics Office:
Provinces, Highly Urbanized Cities, Independent
Provided, That, the creation thereof shall not
Component Cities and Municipalities within the
reduce the land area, population, and income of the
Metropolitan Mla. Area. in accordance with the
original unit or units at the time of said creation to
immediately succeeding sec.
less than the minimum requirements prescribed
herein.
(b) The territory need not be contiguous if it legal officer, a provincial administrator, a provincial
comprise two (2) or more islands or is separated by health officer, a provincial social welfare and
a chartered city or cities which do not contribute to development officer, a provincial general services
the income of the province. officer, a provincial agriculturist, and a provincial
(c) The average annual income shall include the veterinarian.
income accruing to the general fund, exclusive of (b) In addition thereto, the governor may appoint
special funds, trust funds, transfers and non- a provincial population officer, a provincial natural
recurring income. resources and environment officer, a provincial
cooperative officer, a provincial architect, and a
Sec462. Existing Sub-Provinces. — Existing provincial information officer.
sub-provinces are hereby converted into regular The appointment of a provincial population officer
provinces upon approval by a majority of the votes shall be optional in the province: Provided,
cast in a plebiscite to be held in the said however, That provinces which have existing
subprovinces and the original provinces directly population offices shall continue to maintain such
affected. The plebiscite shall be conducted by the offices for a period of five (5) years from the date of
COMELEC simultaneously with the national the effectivity of this Code, after which said offices
elections following the effectivity of this Code. shall become optional.
The new legislative districts created as a result of (c) The sangguniang panlalawigan may:
such conversion shall continue to be represented in (1) Maintain existing offices not mentioned in
Congress by the duly-elected representatives of the subsections (a) and (b) hereof;
original districts out of which said new provinces or (2) Create such other offices as may be
districts were created until their own necessary to carry out the purposes of the
representatives shall have been elected in the next provincial government; or
regular congressional elections and qualified. (3) Consolidate the functions of any office with
The incumbent elected officials of the said those of another in the interest of efficiency
subprovinces converted into regular provinces shall and economy;
continue to hold office until June 30, 1992. Any (d) Unless otherwise provided herein, heads of
vacancy occurring in the offices occupied by said departments and offices shall be appointed by the
incumbent elected officials, or resulting from governor with the concurrence of the majority of all
expiration of their terms of office in case of a the sangguniang panlalawigan members, subject to
negative vote in the plebiscite results, shall be filled civil service law, rules and regulations. The
by appointment by the President. The appointees sangguniang panlalawigan shall act on the
shall hold office until their successors shall have appointment with fifteen (15) days from the date of
been elected in the regular local elections following its submission; otherwise the same shall be
the plebiscite mentioned herein and qualified. After deemed confirmed;
effectivity of such conversion, the President shall fill (e) Elective and appointive provincial officials
up the position of governor of the newly-created shall receive such compensation, allowances, and
province through appointment if none has yet been other emoluments as may be determined by law or
appointed to the same as hereinbefore provided, ordinance, subject to the budgetary limitations on
and shall also appoint a vice-governor and the personal services prescribed under Title Five, Book
other members of the sangguniang panlalawigan, II of this Code: Provided, That, no increase in
all of whom shall likewise hold office until their compensation shall take effect until after the
successors shall have been elected in the next expiration of the full term of all the elective officials
regular local elections and qualified. approving such increase.
All qualified appointive officials and employees in
the career service of the said subprovinces at the Sec464. Residence and Office. — During
time of their conversion into regular provinces shall the incumbency of the governor, he shall have his
continue in office in accordance with civil service official residence in the capital of the province. All
law, rules and regulations. elective and appointive provincial officials shall hold
office in the provincial capital: Provided, That, upon
CHAPTER II: Provincial Officials in General resolution of the sangguniang panlalawigan,
Sec463. Officials of the Provincial elective and appointive provincial officials may hold
Government. — office in any component city or municipality within
(a) There shall be in each province a governor, a the province for a period of not more than seven (7)
vice-governor, members of the sangguniang days for any given month.
panlalawigan, a secretary to the sangguniang
panlalawigan, a provincial treasurer, a provincial CHAPTER III: Officials and Offices Common to All
assessor, a provincial accountant, a provincial Provinces
engineer, a provincial budget officer, a provincial ARTICLE I: The Provincial Governor
planning and development coordinator, a provincial
Sec465. The Chief Executive: Powers, (ix) Allocate and assign office space to
Duties, Functions, and Compensation. — provincial and other officials and employees
(a) The provincial governor, as the chief who, by law or ordinance, are entitled to such
executive of the provincial government, shall space in the provincial capitol and other
exercise such powers and perform such duties and buildings owned or leased by the provincial
functions as provided by this Code and other laws. government;
(b) For efficient, effective and economical (x) Ensure that all executive officials and
governance the purpose of which is the general employees of the province faithfully
welfare of the province and its inhabitants pursuant discharge their duties and functions as
to Section 16 of this Code, the provincial governor provided by law and this Code, and cause to
shall: be instituted administrative or judicial
(1) Exercise general supervision and control proceedings against any official or employee
over all programs, projects, services, and of the province who may have committed an
activities of the provincial government, and in offense in the performance of his official
this connection, shall: duties;
(i) Determine the guidelines of (xi) Examine the books, records and
provincial policies and be responsible to the other documents of all offices, officials,
sangguniang panlalawigan for the program of agents or employees of the province and, in
government; aid of his executive powers and authority,
(ii) Direct the formulation of the require all national officials and employees
provincial development plan, with the stationed in the province to make available to
assistance of the provincial development him such books, records, and other
council, and upon approval thereof by the documents in their custody, except those
sangguniang panlalawigan, implement the classified by law as confidential;
same; (xii) Furnish copies of executive orders
(iii) Present the program of government issued by him to the Office of the President
and propose policies and projects for the within seventy-two (72) hours after their
consideration of the sangguniang issuance;
panlalawigan at the opening of the regular (xiii) Visit component cities and
session of the sangguniang panlalawigan municipalities of the province at least once
every calendar year and as after as may be every six (6) months to deepen his
deemed necessary as the general welfare of understanding of problems and conditions,
the inhabitants and the needs of the listen and give appropriate counsel to local
provincial government may require; officials and inhabitants, inform the officials
(iv) Initiate and propose legislative and inhabitants of component cities and
measures to the sangguniang panlalawigan municipalities of general laws and ordinances
and as often as may be deemed necessary, which especially concern them, and
provide such information and data needed or otherwise conduct visits and inspections to
requested by said sanggunian in the ensure that the governance of the province
performance of its legislative functions; will improve the quality of life of the
(v) Appoint all officials and employees inhabitants;
whose salaries and wages are wholly or (xiv) Act on leave applications of officials
mainly paid out of provincial funds and and employees appointed by him and the
whose appointments are not otherwise commutation of the monetary value of leave
provided for in this Code, as well as those he credits in accordance with law;
may be authorized by law to appoint; (xv) Authorize official trips of provincial
(vi) Represent the province in all its officials and employees outside of the
business transactions and sign in its behalf province for a period not exceeding thirty (30)
all bonds, contracts, and obligations, and days;
such other documents upon authority of the (xvi) Call upon any national official or
sangguniang panlalawigan or pursuant to law employee stationed in or assigned to the
or ordinance; province to advise him on matters affecting
(vii) Carry out such emergency measures the province and to make recommendations
as may be necessary during and in the thereon; coordinate with said official or
aftermath of man-made and natural disasters employee in the formulation and
and calamities; implementation of plans, programs and
(viii) Determine the time, manner and projects; and when appropriate, initiate an
place of payment of salaries or wages of the administrative or judicial action against a
officials and employees of the province, in national government official or employee who
accordance with law or ordinance; may have committed an offense in the
performance of his official duties while (iv) Be entitled to carry the necessary
stationed in or assigned to the province; firearm within his territorial jurisdiction;
(xvii) Authorize payment for medical care, (v) In coordination with the mayors of
necessary transportation, subsistence, component cities and municipalities and the
hospital or medical fees of provincial officials National Police Commission, formulate the
and employees who are injured while in the peace and order plan of the province and
performance of their official duties and upon its approval, implement the same in
functions, subject to availability of funds; accordance with R.A. No. 6975;
(xviii) Represent the province in inter- (vi) Call upon the appropriate national
provincial or regional sports councils or law enforcement agencies to suppress
committees, and coordinate the efforts of disorder, riot, lawless violence, rebellion or
component cities or municipalities in the sedition or to apprehend violators of the law
regional or national palaro or sports when public interest so requires and the
development activities; police forces of the component city or
(xix) Conduct an annual palarong municipality where the disorder or violation is
panlalawigan, which shall feature traditional happening are inadequate to cope with the
sports and disciplines included in national situation or the violators;
and international games in coordination with (3) Initiate and maximize the generation of
the Department of Education, Culture and resources and revenues, and apply the same
Sports; and to the implementation of development plans,
(xx) Submit to the Office of the President program objectives and priorities as provided
the following reports: an annual report for under Section 18 of this Code, particularly
containing a summary of all matters pertinent those resources and revenues programmed
to the management, administration and for agro-industrial development and country-
development of the province and all wide growth and progress and, relative
information and data relative to its political, thereto, shall:
social and economic conditions; and (i) Require each head of an office or
supplemental reports when unexpected department to prepare and submit an
events and situations arise at any time during estimate of appropriations for the ensuing
the year, particularly when man-made or calendar year, in accordance with the budget
natural disasters or calamities affect the preparation process under Title Five, Book II
general welfare of the province, region or of this Code;
country; (ii) Prepare and submit to the
(2) Enforce all laws and ordinances relative to sanggunian for approval the executive and
the governance of the province and the supplemental budgets of the province for the
exercise of the appropriate corporate powers ensuing calendar year in the manner
provided for under Section 22 of this Code, provided for under Title Five, Book II of this
implement all approved policies, programs, Code;
projects, services and activities of the (iii) Ensure that all taxes and other
province and, in addition to the foregoing, revenues of the province are collected, and
shall: that provincial funds are applied to the
(i) Ensure that the acts of the payment of expenses and settlement of
component cities and municipalities of the obligations of the province, in accordance
province and of its officials and employees with law or ordinance;
are within the scope of their prescribed (iv) Issue licenses and permits and
powers, duties and functions; suspend or revoke the same for any violation
(ii) Call conventions, conferences, of the conditions upon which said licenses or
seminars, or meetings of any elective and permits had been issued, pursuant to law or
appointive officials of the province and its ordinance;
component cities and municipalities, (v) Adopt adequate measures to
including national officials and employees safeguard and conserve land, mineral,
stationed in or assigned to the province, at marine, forest and other resources of the
such time and place and on such subject as province, in coordination with the mayors of
he may deem important for the promotion of component cities and municipalities; provide
the general welfare of the province and its efficient and effective property and supply
inhabitants; management in the province; and protect the
(iii) Issue such executive orders for the funds, credits, rights, and other properties of
faithful and appropriate enforcement and the province; and
execution of laws and ordinances; (vi) Institute or cause to be instituted
administrative or judicial proceedings for violation of
ordinances in the collection of taxes, fees or twenty-eight (28) as prescribed under R.A. No.
charges, and for the recovery of funds and property, 6758 and the implementing guidelines issued
and cause the province to be defended against all pursuant thereto.
suits to ensure that its interests, resources and
rights shall be adequately protected. ARTICLE III: The Sangguniang Panlalawigan
(4) Ensure the delivery of basic services and the Sec467. Composition. —
provision of adequate facilities as provided (a) The sangguniang panlalawigan, the
for under Section 17 of this Code, and in legislative body of the province, shall be composed
addition thereto, shall: of the provincial vice-governor as presiding officer,
(i) Ensure that the construction and the regular sanggunian members, the president of
repair of roads and highways funded by the the provincial chapter of the liga ng mga barangay,
national government shall be, as far as the president of the panlalawigang pederasyon ng
practicable, carried out in a spatially mga sangguniang kabataan, the president of the
contiguous manner and in coordination with provincial federation of sanggunian members of
the construction and repair of the roads and municipalities and component cities and the
bridges of the province and of its component sectoral representatives, as members.
cities and municipalities; and (b) In addition thereto, there shall be three (3)
(ii) Coordinate the implementation of sectoral representatives: one (1) from the women;
technical services by national offices for the and as shall be determined by the sanggunian
province and its component cities and concerned within ninety (90) days prior to the
municipalities, including public works and holding of the local elections, one (1) from the
infrastructure programs of the provincial agricultural or industrial workers; and one (1) from
government and its component cities and other sectors including the urban poor, indigenous
municipalities; cultural communities, or disabled persons.
(5) Exercise such other powers and perform (c) The regular members of the sangguniang
such other duties and functions as may be panlalawigan and the sectoral representatives shall
prescribed by law or ordinance. be elected in the manner as may be provided for by
(c) The provincial governor shall receive a law.
minimum monthly compensation corresponding to
Salary Grade thirty (30) prescribed under R.A. No. Sec468. Powers, Duties, Functions and
6758 and the implementing guidelines issued Compensation. —
pursuant thereto. (a) The sangguniang panlalawigan, as the
legislative body of the province, shall enact
ARTICLE II: The Provincial Vice-Governor ordinances, approve resolutions and appropriate
Sec466. Powers, Duties, and funds for the general welfare of the province and its
Compensation. — inhabitants pursuant to Section 16 of this Code in
(a) The vice-governor shall: the proper exercise of the corporate powers of the
(1) Be the presiding officer of the sangguniang province as provided for under Section 22 of this
panlalawigan and sign all warrants drawn on Code, and shall:
the provincial treasury for all expenditures (1) Approve ordinances and pass resolutions
appropriated for the operation of the necessary for an efficient and effective
sangguniang panlalawigan; provincial government and, in this
(2) Subject to civil service law, rules and connection, shall:
regulations, appoint all officials and (i) Review all ordinances approved by
employees of the sangguniang panlalawigan, the sangguniang of component cities and
except those whose manner of appointment municipalities and executive orders issued by
is specially provided in this Code; the mayors of said component units to
(3) Assume the office of the governor for the determine whether these are within the
unexpired term of the latter in the event of scope of the prescribed powers of the
permanent vacancy as provided for in sanggunian and of the mayor;
Section 44, Book I of this Code; (ii) Maintain peace and order by
(4) Exercise the powers and perform the duties enacting measures to prevent and suppress
and functions of the governor in cases of lawlessness, disorder, riot, violence, rebellion
temporary vacancy as provided for in Section or sedition and impose penalties for the
46, Book I of this Code; and violation of said ordinances;
(5) Exercise such other powers and perform (iii) Approve ordinances imposing a fine
such other duties and functions as may be not exceeding Five thousand pesos
prescribed by law or ordinance. (P5,000.00) or imprisonment not exceeding
(b) The vice-governor shall receive a monthly one (1) year, or both in the discretion of the
compensation corresponding to Salary Grade
court, for the violation of a provincial marriages, deaths, assessments, taxation,
ordinance; accounts, business permits, and such other
(iv) Adopt measures to protect the records and documents of public interest in
inhabitants of the province from harmful the offices and departments of the provincial
effects of man-made or natural disasters and government; and
calamities, and to provide relief services and (xi) When the finances of the provincial
assistance for victims during and in the government allow, provide for additional
aftermath of said disasters and calamities allowances and other benefits to judges,
and their return to productive livelihood prosecutors, public elementary and high
following said events; school teachers, and other national
(v) Enact ordinances intended to government officials stationed or assigned to
prevent, suppress and impose appropriate the province.
penalties for habitual drunkenness in public (2) Generate and maximize the use of resources
places, vagrancy, mendicancy, prostitution, and revenues for the development plans,
establishment and maintenance of houses of program objectives and priorities of the
ill repute, gambling and other prohibited province as provided for under Section 18 of
games of chance, fraudulent devices and this Code, with particular attention to agro-
ways to obtain money or property, drug industrial development and country-wide
addiction, maintenance of drug dens, drug growth and progress and relative thereto,
pushing, juvenile delinquency, the printing, shall:
distribution or exhibition of obscene or (i) Enact the annual and supplemental
pornographic materials or publications, and appropriations of the provincial government
other activities inimical to the welfare and and appropriate funds for specific programs,
morals of the inhabitants of the province; projects, services and activities of the
(vi) Protect the environment and impose province, or for other purposes not contrary
appropriate penalties for acts which to law, in order to promote the general
endanger the environment, such as dynamite welfare of the province and its inhabitants;
fishing and other forms of destructive fishing, (ii) Subject to the provisions of Book II of
illegal logging and smuggling of logs, this Code and applicable laws and upon the
smuggling of natural resources products and majority vote of all the members of the
of endangered species of flora and fauna, sangguniang panlalawigan, enact ordinances
slash and burn farming, and such other levying taxes, fees and charges, prescribing
activities which result in pollution acceleration the rates thereof for general and specific
of eutrophication of rivers and lakes, or of purposes, and granting tax exemptions,
ecological imbalance; incentives or reliefs;
(vii) Subject to the provisions of this Code (iii) Subject to the provisions of Book II of
and pertinent laws, determine the powers this Code and applicable laws and upon the
and duties of officials and employees of the majority vote of all the members of the
province; sangguniang panlalawigan, authorize the
(viii) Determine the positions and the provincial governor to negotiate and contract
salaries, wages, allowances and other loans and other forms of indebtedness;
emoluments and benefits of officials and (iv) Subject to the provisions of Book II of
employees paid wholly or mainly from this Code and applicable laws and upon the
provincial funds and provide for expenditures majority vote of all the members of the
necessary for the proper conduct of sangguniang panlalawigan, enact ordinances
programs, projects, services, and activities of authorizing the floating of bonds or other
the provincial government; instruments of indebtedness, for the purpose
(ix) Authorize the payment of of raising funds to finance development
compensation to a qualified person not in the projects;
government service who fills up a temporary (v) Appropriate funds for the
vacancy, or grant honorarium to any qualified construction and maintenance or the rental of
official or employee designated to fill a buildings for the use of the province; and
temporary vacancy in a concurrent capacity, upon the majority vote of all the members of
at the rate authorized by law; the sangguniang panlalawigan, authorize the
(x) Provide a mechanism and the provincial governor to lease to private parties
appropriate funds therefor, to ensure the such public buildings held in a proprietary
safety and protection of all provincial capacity, subject to existing laws, rules and
government property, public documents, or regulations;
records such as those relating to property
inventory, land ownership, records of births,
(vi) Prescribe reasonable limits and introduction and spread of diseases within its
restraints on the use of property within the territorial jurisdiction;
jurisdiction of the province; (vi) Provide for the care of paupers, the
(vii) Review the comprehensive land use aged, the sick, persons of unsound mind,
plans and zoning ordinances of component abandoned minors, abused children,
cities and municipalities and adopt a disabled persons, juvenile delinquents, drug
comprehensive provincial land use plan, dependents, and other needy and
subject to existing laws; and disadvantaged persons, particularly children
(viii) Adopt measures to enhance the full and youth below eighteen (18) years of age;
implementation of the national agrarian subject to availability of funds, establish and
reform program in coordination with the support the operation of centers and facilities
Department of Agrarian Reform; for said needy and disadvantaged persons;
(3) Subject to the provisions of Book II of this and facilitate efforts to promote the welfare of
Code, grant franchises, approve the issuance families below the poverty threshold, the
of permits or licenses, or enact ordinances disadvantaged, and the exploited;
levying taxes, fees and charges upon such (vii) Establish and provide the
conditions and for such purposes intended to maintenance and improvement of jails and
promote the general welfare of the detention centers, institute a sound jail
inhabitants of the province, and pursuant to management program, and appropriate funds
this legislative authority, shall: for the subsistence of detainees and
(i) Fix and impose reasonable fees and convicted prisoners in the province;
charges for all services rendered by the (viii) Establish a provincial council whose
provincial government to private persons or purpose is the promotion of culture and the
entities; and arts, coordinate with government agencies
(ii) Regulate and fix the license fees for and non-governmental organizations and,
such activities as provided for under this subject to the availability of funds,
Code. appropriate funds for the support and
(4) Approve ordinances which shall ensure the development of the same;
efficient and effective delivery of basic (ix) Establish a provincial council for the
services and facilities as provided for under elderly which shall formulate policies and
Section 17 of this Code, and, in addition to adopt measures mutually beneficial to the
said services and facilities, shall: elderly and to the province; and subject to
(i) Adopt measures and safeguards the availability of funds, appropriate funds to
against pollution and for the preservation of support programs and projects for the
the natural ecosystem in the province, in elderly; and provide incentives for non-
consonance with approved standards on governmental agencies and entities to
human settlements and environmental support the programs and projects of the
sanitation; elderly; and
(ii) Subject to applicable laws, facilitate (5) Exercise such other powers and perform
or provide for the establishment and such other duties and functions as may be
maintenance of waterworks system or district prescribed by law or ordinance.
waterworks for supplying water to inhabitants (b) The members of the sangguniang
of component cities and municipalities; panlalawigan shall receive a minimum monthly
(iii) Subject to the availability of funds compensation corresponding to Salary Grade
and to existing laws, rules and regulations, twenty-seven (27) as prescribed under R.A. No.
provide for the establishment and operation 6758 and the implementing guidelines issued
of vocational and technical schools and pursuant thereto.
similar post-secondary institutions; and, with
the approval of the Department of Education,
Culture and Sports and subject to existing Caram vs. COMELEC (1993)
laws on tuition fees, fix reasonable tuition
fees and other school charges in educational Facts:
institutions supported by the provincial The LGC provided for the conversion of the Sub-
government; province of Guimaras into a province and the holding
(iv) Establish a scholarship fund for the of the plebiscite wherein voters of the Province of
poor but deserving students in schools Iloilo and the Sub-province of Guimaras were asked
located within its jurisdiction or for students to resolve the issue of the conversion of the sub-
residing within the province; province to a regular province. Provincial Board of
(v) Approve measures and adopt Canvassers of Iloilo issued a certificate proclaiming
quarantine regulations to prevent the
that the conversion of the Sub-province of Guimaras It is also possible that you are simply becoming
to a regular province enormously ticklish right after orgasm, which is very
common for both men and women. Even the slightest
Held: touch can be downright uncomfortable due to this
Comelec had no the authority to exclude voters of the sensitivity.
Sub-province of Guimaras from voting for the Basically, you can reassure him by explaining that
positions of the Governor, Vice-Governor, and this is only occurring because you are having such an
Members of the Sangguniang Panlalawigan
intense orgasm. If it was a little hiccup you barely
representing the Second District of the Province of
noticed, I doubt you would be laughing your head
Iloilo because under s462 of the LGC, it was only in
off!
the case where the voters ratified the conversion of
the Sub-province of Guimaras to a regular province
that the President was empowered to appoint the
officials of the newly created province. The
lawmakers failed to foresee that in the event the Appointive Local Officials Common to All
negative vote in the plebiscite prevailed, the Sub- Municipalities, Cities, and Provinces – see
province of Guimaras would continue to be a part of Human Resource Development
the Province of Iloilo and be represented by the
officials of the province elected in the May 11, 1992
elections. If YES votes prevailed, it would serve no Rapisora vs. Civil Service Commission (1993)
useful purpose to undo what the COMELEC had
done and that there would be no legal basis to call Facts:
special elections to give a chance to the voters of the CSC disapproved the permanent appointment of
Sub-province of Guimaras to vote for the provincial petitioner Edgar Rapisora as prov’l health Officer of
officials of the Province of Iloilo. Official ballots used Benguet for lack of educational attainment. CSC also
in the Sub-province of Guimaras contained a space asserted that it is not the Secretary of Health but the
for the voting of a Congressman for the Second local chief executive, concurred in by a majority of the
Congressional District of Iloilo, a clear indication that members of the sanggunian, must appoint the prov’l
the Guimaras voters could vote for said official. There health officer by virtue of the new LGC.
is no evidence that the voters were not able to vote
for congressman due to the lack of information Held:
dissemination on the part of Comelec that they could CSC abused its discretion when it disapproved
do so. Rapisora’s appointment for lack of educational
NOTES: attainment. As held in previous cases, when
No need for special elections. The voters had the necessary, education, experience or training may be
chance to vote for congressman but they didn’t. The used interchangeable to offset deficiencies. The
voters are presumed to have abstained. necessity exists if the appointee’s training or
experience is of such a level that the same would
more than supplement the deficiency in education
Q&A considering the demands of the position in question.
The decision as to when such necessity arises rests
Question upon the sound discretion of the appointing authority,
When I make love, I often start to laugh in the middle who is in the best position to determine the needs of
of my orgasm. I can't help it. It is slightly unnerving his department or agency.
to my boyfriend though. He has never seen this
before. Is this normal or are we doing something The CSC is not empowered to determine or change
wrong? the kind or nature of the appointment, for it is an
essential discretionary power and must be performed
Answer by an officer on whom it is vested, the only condition
being that the appointee should possess the
No, you are not doing anything wrong. Many
minimum qualifications required by law.
women laugh or even cry during or after orgasm.
Orgasm can release tremendous emotions during this
time of enormous physical release. Orgasm is also a
Aguirre vs. De Castro (1999)
short period of time during which we are often at our
most vulnerable. This can lead to all sorts of feelings
Facts:
rushing out. Because men are taught in our society to
Atty. Evangeline De Castro was the Chief of the
suppress emotions more than women, it is less
Legal Affairs and Complaint Services of the Division
common for guys -- but it can happen nonetheless.
of City Schools of Manila received a letter from Angel
Aguirre, City Legal Officer of Manila, w/ complaints The liga shall have chapters at the municipal, city,
against her for gross misconduct and conduct provincial and metropolitan political subdivision
unbecoming of a public officer. Aguirre summoned levels.
her to appear before the City legal officer for The municipal and city chapters of the liga shall be
investigation. composed of the barangay representatives of
municipal and city barangays respectively. The duly
Issue: WON the City Legal Officer of Manila had elected presidents of component municipal and city
jurisdiction to investigate the complaint against the chapters shall constitute the provincial chapter or
Chief of the Legal Affairs and Complaint Services of the metropolitan political subdivision chapter. The
the Division of City Schools of Manila duly elected presidents of highly-urbanized cities,
Held: provincial chapters, the Metropolitan Manila
No. The Admin Code, lodged the power to appoint chapter and metropolitan political subdivision
and discipline first-level EEs including De Castro with chapters shall constitute the National Liga ng mga
the regional director of DECS. The LGC did not Barangay.
automatically repeal the Admin Code and implied
repeal not lightly presumed. Sec493. Organization. — The liga at the
municipal, city, provincial, metropolitan political
The position of senior legal officer in the Division of subdivision, and national levels directly elect a
City Schools is not one of the offices covered by the president, a vice-president, and five (5) members of
city mayor’s POWER OF APPOINTMENT under the the board of directors. The board shall appoint its
LGC. There is also no specific provision in the LGC secretary and treasurer and create such other
showing that the POWER TO DISCIPLINE officials in positions as it may deem necessary for the
the Division of City Schools has been devolved from management of the chapter. A secretary-general
the regional director of DECS to the city mayor. There shall be elected from among the members of the
is also no proof that De Castro is one of the devolved national liga and shall be charged with the overall
personnel w/c are automatically reappointed by the operation of the liga on national level. The board
local chief executive shall coordinate the activities of the chapters of the
liga.
The SOURCE OF WAGES is not the only criteria in
determining whether the payor may be deemed the Sec494. Ex-Officio Membership in
ER. Therefore the argument that De Castro’s salary Sanggunians. — The duly elected presidents of
is paid out of city funds, is not determinative of her the liga at the municipal, city and provincial levels,
status as a city EE. The most important factor is the including the component cities and municipalities of
CONTROL TEST. Who has the power to Metropolitan Manila, shall serve as ex-officio
SUPERVISE and DIRECT the work of the EE members of the sangguniang bayan, sangguniang
concerned? panlungsod, sangguniang panlalawigan,
respectively. They shall serve as such only during
their term of office as presidents of the liga
Leagues of LGUs and Elective Officials – LGC chapters, which in no case shall be beyond the
term of office of the sanggunian concerned.
Sec491. Purpose of Organization. — There
shall be an organization of all barangays to be Sec495. Powers, Functions and Duties of
known as the liga ng mga barangay for the primary the Liga. — The liga shall:
purpose of determining the representation of the (a) Give priority to programs designed for the
Liga in the sanggunians, and for ventilating, total development of the barangays and in
articulating and crystallizing issues affecting consonance with the policies, programs and
barangay government administration and securing, projects of the national government;
through proper and legal means, solutions thereto. (b) Assist in the education of barangay residents
for people's participation in local government
Sec492. Representation, Chapters, administration in order to promote united and
National Liga. — Every barangay shall be concerted action to achieve country-wide
represented in said liga by the punong barangay, or development goals;
in his absence or incapacity, by a sanggunian (c) Supplement the efforts of government in
member duly elected for the purpose among its creating gainful employment within the barangay;
members, who shall attend all meetings or (d) Adopt measures to promote the welfare of
deliberations called by the different chapters of the barangay officials;
liga. (e) Serve as a forum of the barangays in order to
forge linkages with government and non-
governmental organizations and thereby promote
the social, economic and political well-being of the ARTICLE III: League of Cities
barangays; and Sec499. Purpose of Organization. — There
(f) Exercise such other powers and perform shall be an organization of all cities to be known as
such other duties and functions which will bring the League of Cities for the primary purpose of
about stronger ties between barangays and ventilating, articulating and crystallizing issues
promote the welfare of the barangay inhabitants. affecting city government administration, and
securing, through proper and legal means,
ARTICLE II: League of Municipalities solutions thereto.
Sec496. Purpose of Organization. — There The league may form chapters at the provincial
shall be an organization of all municipalities to be level for the component cities of a province. Highly-
known as league of municipalities for the primary urbanized cities may also form a chapter of the
purpose of ventilating, articulating and crystallizing League. The National League shall be composed
issues affecting municipal government of the presidents of the league of highly-urbanized
administration, and securing, through proper and cities and the presidents of the provincial chapters
legal means, solutions thereto. of the league of component cities.
The league shall form provincial chapters
composed of the league presidents for all Sec500. Representation. — Every city shall
component municipalities of the province. be represented in the league by the city mayor or in
his absence, by the city vice-mayor or a
Sec497. Representation. — Every sanggunian member duly elected for the purpose
municipality shall be represented in the league by by the members, who shall attend all meetings and
the municipal mayor of in his absence, by the vice- participate in the deliberations of the league.
mayor or a sanggunian member duly elected for
the purpose by the members, who shall attend all Sec501. Powers, Functions and Duties of
meetings and participate in the deliberations of the the League of City. — The league of cities shall:
league. (a) Assist the national government in the
formulation and implementation of the policies,
Sec498. Powers, Functions and Duties of programs and projects affecting cities as a whole;
the League of Municipalities. — The league of (b) Promote local autonomy at the city level;
municipalities shall: (c) Adopt measures for the promotion of the
(a) Assist the national government in the welfare of all cities and its officials and employees;
formulation and implementation of the policies, (d) Encourage people's participation in local
programs and projects affecting municipalities as a government administration in order to promote
whole; united and concerted action for the attainment of
(b) Promote local autonomy at the municipal country-wide development goals;
level; (e) Supplement the efforts of the national
(c) Adopt measures for the promotion of the government in creating opportunities for gainful
welfare of all municipalities and its officials and employment the cities;
employees; (f) Give priority to programs designed for the
(d) Encourage people's participation in local total development of cities in consonance with the
government administration in order to promote policies, programs and projects of the national
united and concerted action for the attainment of government;
country-wide development goals; (g) Serve as a forum for crystallizing and
(e) Supplement the efforts of the national expressing ideas, seeking the necessary
government in creating opportunities for gainful assistance of the national government and
employment within the municipalities; providing the private sector avenues for
(f) Give priority to programs designed for the cooperation in the promotion of the welfare of the
total development of the municipalities in cities; and
consonance with the policies, programs and (h) Exercise such other powers and perform
projects of the national government; such other duties and functions as the league may
(g) Serve as a forum for crystallizing and prescribe for the welfare of the cities.
expressing ideas, seeking the necessary
assistance of the national government, and ARTICLE IV: League of Provinces
providing the private sector avenues for Sec502. Purpose of Organization. — There
cooperation in the promotion of the welfare of the shall be an organization of all provinces to be
municipalities; and known as the League of Provinces for the primary
(h) Exercise such other powers and perform purpose of ventilating, articulating and crystallizing
such other duties and functions as the league may issues affecting provincial and metropolitan political
prescribe for the welfare of the municipalities. subdivision government administration, and
securing, through proper and legal means,
solutions thereto. For this purpose, the Metropolitan (b) All funds of leagues shall be deposited as
Manila Area and any metropolitan political trust funds with its treasurer and shall be disbursed
subdivision shall be considered as separate in accordance with the board of director's
provincial units of the league. resolutions, subject to pertinent accounting and
auditing rules and regulations: Provided, That the
Sec503. Representation. — Every province treasurer shall be bonded in an amount to be
shall be represented in the league by the provincial determined by the board of directors. The funds of
governor or in his absence, by the provincial vice- a chapter shall be deposited as chapter funds and
governor or a sanggunian member duly elected for funds of the national league shall be deposited as
the purpose by the members, who shall attend all national funds.
meetings and participate in the deliberations of the
league. Sec506. Organizational Structure. — To
ensure the effective and efficient administration, the
Sec504. Powers, Functions and Duties of leagues for municipalities, cities and provinces
the League of Provinces. — The league of shall elect chapter-level and national-level boards
provinces shall: of directors and a set of officers headed by the
(a) Assist the national government in the president. A secretary-general shall be chosen from
formulation and implementation of the policies, among the national league members to manage
programs and projects affecting provinces as a the day to day operation and activities of the
whole; national league. The board of directors on the
(b) Promote local autonomy at the provincial chapter or national level may create such other
level; positions as may be deemed necessary for the
(c) Adopt measures for the promotion of the management of the chapters and of the national
welfare of all provinces and its officials and league. The national board of directors of the
employees; leagues for municipalities, cities or provinces shall
(d) Encourage people's participation in local coordinate programs, projects and activities of
government administration in order to promote chapter and the national-level league.
united and concerted action for the attainment of
countrywide employment within the province; Sec507. Constitution and By-laws of the
(e) Supplement the efforts of the national Liga and the Leagues. — All other matters not
government in creating opportunities for gainful herein otherwise provided for affecting the internal
employment within the province; organization of the leagues of local government
(f) Give priority to programs designed for the units shall be governed by their respective
total development of the provinces in consonance constitution and by-laws which are hereby made
with the policies, programs and projects of the suppletory to the provision of this Chapter:
national government; Provided, That said Constitution and By-laws shall
(g) Serve as a forum for crystallizing and always conform to the provisions of the Constitution
expressing ideas, seeking the necessary and existing laws.
assistance of the national government and
providing the private sector avenues for CHAPTER II: Leagues and Federation of Local
cooperation in the promotion of the welfare of the Elective Officials
provinces; and Sec508. Organization. —
(h) Exercise such other powers and perform (a) Vice-governors, vice-mayors, sanggunian
such other duties and functions as the league may members of barangays, municipalities, component
prescribe for the welfare of the provinces and cities, highly-urbanized cities and provinces, and
metropolitan political subdivisions. other elective local officials of local government
units, including those of the Metropolitan Manila
ARTICLE V: Provisions Common to All Leagues Area and any metropolitan political subdivisions,
Sec505. Funding. — may form their respective leagues or federation,
(a) All leagues shall derive its funds from subject to applicable provisions of this Title and
contributions of member local government units pertinent provisions of this Code;
and from fund-raising projects and activities without (b) Sanggunian members of component cities
the necessity of securing permits therefor: and municipalities shall form a provincial federation
Provided, That the proceeds from said fund-raising and elect a board of directors and a set of officers
projects and activities shall be used primarily to headed by the president. The duly elected
fund the projects for which the said proceeds have president of the provincial federation of sanggunian
been raised, subject to the pertinent provision of members of component cities and municipalities
this Code and the pertinent provisions of the shall be an ex-officio member of the sangguniang
Omnibus Election Code. panlalawigan concerned and shall serve as such
only during his term of office as president of the
provincial federation of sanggunian members of Miguel vs. CA (1994) supra
component cities and municipalities, which in no
case shall be beyond the term of office of the Under the RRI (Rule 29), the election of the first set
sanggunian panlalawigan concerned. of officers of the national and local chapters of the
Liga cannot be held unless a constitution and by-laws
Sec509. Constitution and By-laws. — The for the Liga is first adopted and ratified by the
leagues or federations shall adopt a Constitution incumbent members of the board of the Pambansang
and by-laws which shall govern their internal Katipunang ng mga Barangay (the members of the
organization and operation: Provided, That said board were the presidents of the chapters). Inasmuch
Constitution and by-laws shall always conform to as no constitution and by-laws had been drafterd by
the provision of the Constitution and existing laws. the committee and ratified by the barangay national
assembly when the said Ad Hoc Committee of QC
Sec510. Funding. — The leagues and met on April 1992, the said meeting and the elections
federations may derive funds from contributions of conducted therein were invalid.
individual league or federation members or from
fund-raising projects or activities. The local
government unit concerned may appropriate funds Viola vs. Alunan III (1997)
to support the leagues or federation organized
pursuant to this Section, subject to the availability
Facts:
of funds.
Cesar G. Viola, filed petition for prohibition
challenging the validity of Art. III, §§1-2 of the
Revised Implementing Rules and Guidelines for the
Galarosa vs. Valencia (1993) General Elections of the Liga ng mga Barangay
Officers in so far as they provide for the election of
Facts: first, second and third vice presidents and for auditors
Galarosa was incumbent president of the katipunang for the National Liga ng mga Barangay and its
bayan or Association of Barangay Councils (ABC) of chapters.
Sorsogon and was appointed ex officio member of
the Sangguniang Bayan (SB) of Sorsogon pursuant Issue: WON §§1-2 of the Implementing Rules are
to EO 342. Lasay filed for declaratory relief saying valid
that Galarosa's term as an ex officio member of the Held:
SB of Sorsogon is coterminous with that of the said Yes. The creation of the additional positions is
SB w/c expired on june 30. authorized by §493 of LGC w/cn in fact requires —
and not merely authorizes — the board of directors to
Issue: WON Galarosa can continue to serve as a "create such other positions as it may deem
member of the SB beyond 30 June 1992, the date necessary for the management of the chapter" and
when the term of office of the elective members of belies petitioner's claim that §493 limits the officers of
the SB of Sorsogon expired a chapter to the president, VP, 5 members of the
Held: board of directors, secretary, and treasurer. Also, the
Yes, on the basis of the "hold-over doctrine". There is creation of these positions was actually made in the
no law which prohibits them from holding over as constitution and by-laws of the Liga ng mga
members of the sangguniang bayan. In fact, the IRR Barangay adopted by the 1st Brgy National Assembly.
of the LGC and two DILG Memorandum Circulars
even expressly allow that hold-over authority to ABC Congress can delegate the power to create positions
presidents. The purpose of a hold over is to prevent such as these. §493 embodies a fairly intelligible
a hiatus in the government pending the time standard “deemed necessary for the management of
when the successor may be chosen and inducted the chapters,". There is no undue delegation of power
into office. Section 494 of the Local Government by Congress. SC decisions have upheld the validity
Code could not have been intended to allow a gap in of reorganization statutes authorizing the President of
the representation of the barangays, through the the Philippines to create, abolish or merge offices in
presidents of the ABC, in the sanggunian. the executive department.
NOTES:
Q: Is this doctrine still relevant? Bito-onon vs. Fernandez (2001)
A: Yes, because the local electons and the liga
elections not held at the same date. Thus, they don’t Facts:
assume office at the same date. Bito-Onon was proclaimed winner as Executive VP of
the Liga ng mga Brgy Provincial Chapter of Palawan.
Quejano filed post proclamation protest w/ the Board
of Election Supervisors (BES) which decided against have larger, darker nipples. But this has nothing to
him. Quejano filed petition for review w/ RTC. Onon do with simply being sexually active.
filed MTD claiming that RTC have no JD to review Folks, I have heard hundreds of people insist that
BES decisions in any post proclamation protest. you can tell if a woman is a virgin by everything
DILG MC 97-193: review of BES decision is w/ any from how she walks to something about her eyes.
regular courts The reality is that the only way to know if someone
Guidelines by the Liga: review of BES decision is w/ has ever had sex is to ask them. Nothing magical
National Liga Board
happens to a person's body after they have sex for the
first time. Do people look different after they've
Issue1: Does the president’s power of general
ridden a horse for the first time or had their first
supervision extend to the liga ng mga brgy which is
not an LGU drink? Well, yes, but only for a few hours. :)
Held: So, stop looking for ways to "know." Whether or not
YES. DOJ ruled that the liga ng mga brgy is a gov’t someone is a "virgin" is such an ambiguous question
organization, being an association, federation or as to almost be unanswerable anyway.
league or union created by law or by authority of law
whose members are either appointed or elected gov’t
officals.
Sec19. Rules of Procedures. — The Assembly and Sec24. Relationship with the National
the Executive Board shall each adopt by a majority Government. — The President shall have the
vote of their members their own rules of procedure power of general supervision over the CAR and the
as well as rules and regulations on discipline and local government units therein and shall issue the
privileges. They shall also prescribe rules and appropriate guidelines therefor. The President may
regulations regarding internal organization, also call upon the appropriate executive
sessions, meetings and quorum. departments and agencies of the National
Government to assist the CAR as may be
Sec20. Projects. — The CAR, through its Executive necessary.
Board, shall monitor the implementation of all The Executive Director shall submit a semi-annual
ongoing national and local government projects in report to the President.
the region within the purview of Section 5(a) hereof.
Sec25. Transitory Provisions. —
Sec21. Appropriations and Funds. — There is 1) The Executive Board shall conduct a study
hereby appropriated from available funds of the on the territorial coverage of the Cordillera
National Treasury the amount of five (5) million autonomous region to be established under an
pesos for the operation of the CAR for the fiscal organic act to be passed by the Congress under
year 1987. Thereafter, an annual appropriation for Section 15 and 18, Article X, of the Constitution.
its budget shall be included in the General This territorial coverage may include provinces,
Appropriations Act. cities, municipalities, and geographic areas
The President and appropriate national contiguous to the territory defined under Section 2.
departments and agencies shall make available 2) The President may call upon the Assembly to
sources of funds for priority physical, social and assist her in constituting the Cordillera Regional
economic development programs and projects as Consultative Commission.
recommended by the CAR. Consonant with Section 3(c) hereof, the CAR shall
The collection, custody, use and disbursement of contribute in a meaningful and appropriate manner
public funds in the CAR shall be governed by its to the work of the Cordillera Regional Consultative
resolutions, rules and regulations of the Executive Commission and in the preparation of the organic
Board consonant with national laws, rules and act by Congress for the Cordillera autonomous
regulations. region.
3) Pursuant to Section 2, the main offices of the province by itself. To become part of a region, it must
CAR shall be located at the Cordillera House in join other provinces, cities, municipalities, and
Baguio City until otherwise determined by the geographical areas. It joins other units because of
Cordillera Executive Board. their common and distinctive historical and cultural
heritage, economic and social structures and other
Sec26. Separability Clause. — The provisions of relevant characteristics. The Constitutional
this Executive Order are hereby declared to be requirements are not present in this case.
separable, and in the event any one or more of
such provisions are held unconstitutional, such
shall not affect the validity of other provisions. Cordillera Broad Coalition vs. COA (1990) supra
Sec27. Repealing Clause. — For purposes of the
CAR and for the duration of its existence, and all Facts:
laws, acts, presidential decrees, executive orders, After the 1996 EDSA Revolution, Balweg, broke off
proclamations and/or administrative regulations on ideological grounds from the CPP-NPA. After
which are inconsistent with this Executive Order President Aquino was installed into office, she
are hereby repealed, amended or modified advocated a policy of national reconciliation. The
accordingly. Cordillera People’s Liberation Army (CPLA) heeded
Sec28. Effectivity. — This Executive Order shall this call. Aqiuno and Balweg arrived at a joint
take effect immediately upon signing and agreement to draft an Executive Order to create a
publication as required by law. preparatory body that could perform policy-making
Done in the City of Manila, this 15th day of July, in and administrative functions and undertake
the year of Our Lord, nineteen hundred and eighty- consultations and studies leading to a draft organic
seven. act for the Cordilleras. Pursuant to the joint
agreement, E.O. 220, creating the Cordillera
Administrative Region (CAR) was signed into law.
See RA 6766 - An Act Providing For An Organic Act During the pendency of this case, R.A. No. 6766
For The Cordillera Autonomous Region (Organic Act of CAuR) was enacted and signed into
law. The Act recognizes the CAR and the offices and
agencies created under E.O. No. 220 and its
See RA 8438 - An Act To Establish The Cordillera transitory nature is reinforced. Petitioners contend
Autonomous Region that the issuance of the EO pre-empted Congress’
task.
SIR: LGU’s should be telling MMDA what to do NOT After You Finish This Exercise, You'll Never
the other way around. Believe Again...
That your fantasy life is barren.
Q: Can MMDA remove vendors from sidewalk? That fantasies can only be satisfied by acting
A: No, because MMDA has no police power. Vendors them out.
are the concern of the Sangguniang Bayan or
That fantasies are not enhanced by conflicts,
Panglungsod not the MMDA. LGU’shave the
taboos and inhibitions. (Like literature, they
ordinances to govern sidewalk vendors. They should
thrive on all those things!)
ask MMDA to help them.
A TRUE STORY
Sexy Writing Exercise from How to Write a Dirty Story:
At the last day of Loc Gov class, DG says:
Reading, Writing and Publishing Erotica
If you're thinking about writing an erotic story or
“ If I could give a standing ovation alone for this
love letter, but don't know where to start, try this
class (meaning C 2005 of course), I would. You have
exercise to get you started! improved from the last time. And I think you’re
better than the other one. That’s why I tell my
Fantasies Exercise freshmen class there is still hope for you. Look at
Give yourself two minutes to answer each of the this section (again, referring to C-2005).”
following questions. When your time is up, stop,
even if you haven't finished your sentence.
Write down an erotic fantasy about a sexual
experience that you would have in a minute if it
were offered to you, no questions asked. It
should be something you would have no
reservations or conditions about doing in real
life.
Write down an erotic fantasy about a sexual
experience that you would only have under
certain conditions. You could give yourself up
wholeheartedly under those conditions, but
otherwise not at all.
Write down an erotic fantasy about a sexual
experience that is completely satisfying to you in
your imagination but that you could not do
because it is either physically impossible or