article 10 - handouts (class)

8/12/2019 Article 10 - Handouts (Class)

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BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.

ARTICLE X. LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1.

The Territorial and Political Subdivisions of the RP shall are the

PROVINCES, CITIES, MUNICIPALITIES and BARANGAYS. There

shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and

the CORDILLERA as hereinafter provided.

TERRITORIAL and POLITICAL Subdivisions

Significance of Sec. 1:

- The fixed standard TERRITORIAL and POLITICAL subdivisionsof the Philippines are the:

a. Provincesb. Citiesc. Municipalitiesd. Barangays

- This standard cannot go out of existence except by:CONSTITUTIONAL AMENDMENT

- Since their (provinces, cities, municipalities, barangays) existenceis dependent through an amendment of the constitution, the right of

provinces, cities, municipalities and barangays to exist as the

political and territorial subdivisions of the State is not only just a

statutory right but a:CONSTITUTIONAL RIGHT

Reason for the Constitutional Commission to retain the word BARANGAY

in the 1987 constitution:

1. Has historical significance in Asia2. Existing laws use the term3. There are continuing references to it in public discussions

The Constitution authorizes only 2 autonomous region:

1. ARMMOf these areas, only four provinces - Lanao del

Sur, Maguindanao, Sulu and Tawi-Tawi - voted in favor of

inclusion in the new autonomous region

2. CAROnly the province of Ifugao voted "Yes"

Section 2.

The territorial and political subdivisions shall enjoy local autonomy.

LOCAL AUTONOMY

- the exercise of certain basic powers, i.e. police power, power ofeminent domain, and taxing power, by LOCAL GOVERNMENT

UNITS so as to best serve the interest and promote the general

well-being of their inhabitants and to free local governments from

the well-nigh absolute control by the legislature which

characterized local government under the 1953 Constitution.

- By express constitutional mandate, enjoyment of local autonomyby the territorial and political subdivisions, i.e. all government

units including the two autonomous regions (actually just one:

ARMM), is now a basic state policy.


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DIFFERENCE BETWEEN AUTONOMY AND DECENTRALIZATION

AUTONOMY

- It is either:a. Decentralization of Administration

when the central government delegates administrative

powers to political subdivisions --in order to broaden the

base of government power and in the process to make local

governments more responsive and accountable and ensure

their fullest development as self-reliant communities and make

them more effective partners in the pursuit of national

development and social progress

-- it also relieves the central government of the burden of

managing local affairs and enables it to concentrate on

national concerns

b. Decentralization of PowerInvolves an abdication of political power in favor of local

government units declared to be autonomous.

CASES:

A. SAN JUAN v. CIVIL SERVICE COMMISSION- Local governments exercise meaningful power as granted by

constitutional provisions and legislation mandating greater

autonomy for local officials.

- Where a law is capable of two interpretations, one in favor ofcentralized power in Malacaang and the other beneficial to local

autonomy, the scales must be weighed in favor of autonomy.

B. LLDA v. CA- Local government units exercise police power through their

respective legislative bodies. Their power however is subordinate

to the certain constitutional limitations.

- The power given by the Local Government Code to localgovernments is a revenue generating power and not a regulatory

power.

C. MAGTAJAS v. PRYCE PROPERTIES- Local governments have certain powers given by the Constitution

which may not be curtailed by the national government, but

outside of these, local governments may not pass ordinancescontrary to statute. The rationale of the requirement that the

ordinances should not contravene a statute isobvious as municipal

governments are ONLY AGENTS of the national government and

that the delegate cannot be superior to the principal or exercise

powers higher than those of the latter.

Tests of a valid ordinanceto be valid, it must conform to the

following substantive requirements

o It must not contravene the Constitution or any statute.o It must not be unfair or oppressive.o It must not be partial or discriminatory.o It must not prohibit but regulate trade.o It must not be unreasonable.o It must be general and consistent with public policy.


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MNEMONIC: CUP PUG

D. PHILIPPINE PETROLEUM CORPORATION v.MUNICIPALITY of PILILLA

- Administrative regulations must be in harmony with the provisionsof the law.

- The exercise by the local governments of the power to tax isordained by the Constitution.

- Under Section 5, Article X, only guidelines and limitations thatmay be established by Congress can define and limit the power of

local governments.

E. DADOLE, et al. v. COA- Extent of Local Autonomy of LGUs remains subject to the power

of control by Congress and the power of supervision by the

President. The President can only interfere in the affairs and

activities of a local government unit if he/she finds that the latter

has acted contrary to law. This is the scope of the Presidents

supervisory powers over local government units.

F. LEYNES v. COA- The Sangguniang Bayan as the legislative body of the municipality

shall approve ordinances and pass resolutions that shall provide for

additional allowances and other benefits for national government

officials stationed in or assigned in the municipality

- Local Government Code authorizes local governments to giveallowance to judges and decide how much this should be since

LOCAL AUTONOMY prohibits the COA from interfering with

the authority of the local government by reducing what has been

decided by the local government.

G. BATANGAS CATV v. CA, BATANGAS CITY- The devolution of powers to the LGUs, pursuant to the

Constitutional mandate of ensuring their autonomy, has bred

jurisdictional tension between said LGUs and the state. LGUs must

be reminded that they merely form part of the whole. It was never

the intention of the Drafters of the Constitution to create an

imperium in imperio (a government within a government) and

instill an intra-sovereign political subdivision independent of a

single sovereign state.

Section 3.

The Congress shall enact a Local Government Code which shall

provide for a more responsive and accountable local government

structure instituted through a system of Decentralization with effective

mechanism of recall, initiative and referendum, allocate among the

different Local Government units their powers, responsibilities and

qualifications, election, appointment and removal, term, salaries,

salaries, powers and functions and duties of local officials, and all other

matters relating to the organization and operation of the local units.

RA 7160: 1991 Local Government Code

The Local Government Code shall

1. Provide for a more responsible and accountable local governmentstructure instituted through a system of decentralization witheffective mechanisms of recall, initiative and referendum.

2. Allocate among the different local units their powers,responsibilities and resources

3. Provide for the qualifications, election, appointment and removal,term, salaries, powers, and functions, and duties of local officials


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4. Provide for all other matters relating to the organization andoperation of the local units.

INTIATIVE and REFERENDUM

- the legal process whereby the registered voters of a local government unit

may directly propose, enact, or amend any ordinance (1991 LocalGovernment Code)

RECALL

- A mode of removal of a public officer by the people before the endof his term of office

- The people's prerogative to remove a public officer is an incidentof their sovereign power and in the absence of constitutional

restraint, the power is implied in all governmental operations

- The primary legal provision governing the process of recall isthe Constitution, which provides that "Congress shall enact a local

government code which shall provide for a more responsive and

accountable local government structure instituted through a system

of decentralization with effective mechanisms of recall, initiative,

and referendum xxx."

In response to Section 3, Article X of the 1987

Constitution, Congress enacted Republic Act No. 7160, or

the Local Government Code of 1991, which took effect on 1

January 1992.

- Recall is now governed by Republic Act No. 7160, also known asthe Local Government Code of 1991, as amended by R.A. 9244

Who may Exercise Recall?

- The power of recall for loss of confidence shall be exercised by theregistered voters of a local government unit (LGU) to which the

local elective official subject to such recall belongs

Limitations on Recall:

a) Any elective local official may be the subject of a recall electiononly once during his term of office for loss of confidence

b) No recall shall take place within one (1) year from the date of theofficial's assumption to office or one (1) year immediately

preceding a regular local election

Initiation of the Recall Process:

a. by a direct petition of registered votersb. the Preparatory Recall Assembly - removed underR.A. 9244

Reasons for the adoption of the PRA:

- to diminish the difficulty of initiating recall thru the direct action

of the people- to cut down on its expenses

Recall through a Preparatory Recall Assembly survived the

constitutional challenge raised in Garcia vs.

COMELEC, but Congress itself abolished it through an

amendment under R.A. 9244.

Cases:

A. SANCHEZ v. COMELEC-

Sec. 3, Art. X of the Constitution merely provides that the localgovernment code to be enacted by Congress shall be more

responsive than the one existing at present. Until such time that a

more responsive and effective local government code is enacted,

the present code shall remain in full force and effect.

B. GARCIA v. COMELEC- There is nothing in the constitution that will remotely suggest that

the people have the sole and exclusive right to decide on whether
http://lawcenter.ph/law-library/laws/republic-acts/an-act-eliminating-the-preparatory-recall-assembly-as-a-mode-of-instituting-recall-of-elective-local-government-officials,-amending-for-the-purpose-sections-70-and-71,-chapter-5,-title-one,-book-i-of-republic-act-no.-7160./31http://lawcenter.ph/law-library/laws/republic-acts/an-act-eliminating-the-preparatory-recall-assembly-as-a-mode-of-instituting-recall-of-elective-local-government-officials,-amending-for-the-purpose-sections-70-and-71,-chapter-5,-title-one,-book-i-of-republic-act-no.-7160./31


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to initiate a recall proceeding. It did neither provide any mode in

initiating recall elections nor prohibit the adoption of multiple

modes of initiating recall elections. The mandate given by the

Constitution is for Congress to enact a local government code

which clearly gave the Congress the power to choose the effective

mechanism of recall as its discernment dictates.

There is only one ground for the recall of government officials:

loss of confidence. This means that the people may petition or the

PRA, may resolve to recall any local elective officials without

specifying any particular ground except loss of confidence.

Section 4

The President of the Philippines shall exercise general supervision over

local governments. Provinces with respect to component cities and

municipalities, and cities and municipalities with respect to componentbarangays shall ensure that the acts of their component units are within

the scope of their prescribed powers and functions.

Power of General Supervision

- Power of a superior officer to see to it that lower officers performtheir functions in accordance with law. It does not include the

power to substitute ones judgment for that of lower officer in

matters where a lower officer has various legal alternatives to

choose from

Supervisory Structure in the Local Government System

- President has general supervision over all local government unitsIncludes the power to investigate and remove

- Direct Supervisory Contact is with autonomous regions, provincesand independent cities.

CASES:

A. DRILON v. LIMPower of supervision does not lay down the rules, does not have the

discretion to modify or replace such rules, has no judgment on the matterand merely sees to it that the rules are followed.

Section 5.

Each local government unit shall have the power to create its own

sources of revenues and to levy taxes, fees and charges subject to such

guidelines and limitations as the Congress may provide, consistent with

the basic policy of local autonomy. Such taxes, fees, and charges shall

accrue exclusively to the local governments.

Each Local Government Unit shall have the power:

- to create its own sources of revenue and

- to levy taxes, fees, and charges subject to such guidelines

and limitations as the Congress may provide, consistent

with the basic policy of local autonomy.

- Such taxes, fees and charges shall accrue exclusively to

the local governments.

Power of Local Governments to impose taxes and fees is ALWAYS

subject to LIMITATIONS, which the Congress may provide by law (Bascov PAGCOR 197 SCRA 52, 65 (1991).

CASES:

A. Manila Electric v. Province of Laguna

Local government do not have the inherent power to tax except to the extent

that such power might be delegated to them by the basic law or statue


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B. NPC v. Cabanatuan City

Interpretation of the statutory provisions on fiscal powers of LGUs

-The power of local governments to tax is

-liberally interpreted in favor of the state

-strictly construed against the local government in favor of the taxpayer.

Section 6.

Local government units shall have a just share, as determined by law,

in the national taxes which shall be automatically released to them.

Local Government Units shall have a just share, as determined by the law,

in the national taxes which shall be automatically released to them.

(1) LGUs shall have a JUST SHARE in national taxes(2) JUST SHARE shall be determinedby law(3) the just share shall AUTOMATICALLY be released to the

LGUs

CASES:

A. Pimentel v. AguirreSec 4 withholding of 10% of the internal revenue allotment to local

government units is UNCONSTITUTIONAL, Sec 6, Art X Providing for

automatic release to each of these units its share in the national internalrevenue.

Section 7.

Local governments shall be entitled to an equitable share in the

proceeds of the utilization and development of the national wealth

within their respective areas, in the manner provided by law, including

sharing the same with the inhabitants by way of direct benefits.

Fund Sources of Local Governments:

(a) local taxes, fees and charges(b) national taxes(c) proceeds of the utilization and development of the natural

resources within their respective areas

(d) other sources of revenues(e)

Scope

- subject to such guidelines and limitations by the Congress- cannot frustrate the basic policy of local autonomy

National Government

does not share in such taxes, fees and charges.

Local Government

may have shares from revenue accruing from fees and charges OR receiveother benefits such as lower rates

Ex. Consumption of electricity

Section 8.

The term of office of elective local officials, except barangay officials,

which shall be determined by law, shall be three years and no such

official shall serve for more than three consecutive terms. Voluntary

renunciation of the office for any length of time shall not be considered

as an interruption in the continuity of his service for the full term for

which he was elected.

CASES:

A. Borja, Jr. v. Commission on Elections


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Two Ideas:

(1) service of termaccumulation of power from a prolonged periodof stay

(2) idea of electionconcern of the right of the people to chooseTermmust be from ELECTION and NOT from the continuation

of service by operation of law.

B. David v. Commission on ElectionsThe Constitution does not expressly prohibit Congress from fixing the term

of office of Barangay Officials. The Constitution left the decision to the

lawmaking bodies without any specific limitation or prohibition.

Section 9.

Legislative bodies of local governments shall have sectoralrepresentation as may be prescribed by law.

CASES:

A. Supangan, Jr. v. Santos

The validity and legality of the designations/appointments made by the

Secretary of DLG of member/sectoral representatives to the local legislative

bodies. as may be provided by law not prospective; the President may not

make appointments even beforeCongress has passed the law.

Qualifications of local sectoral representativesprescribed by law; notprescribed by the Constitution; President must observe qualification

requirements.

Section 10.

No province, city, municipality, or barangay may be created, divided,

merged, abolished, or its boundary substantially altered, except in

accordance with the criteria established in the local government code

and subject to approval by a majority of the votes cast in a plebiscite in

the political units directly affected.

CASES:

A. Tan v. COMELEC

Court said that: where a portion of an existing province was being lopped

off to form a new province, both the mother and the proposed new province

should participate. Mother province should participate because its boundary

is substantially altered.

B. Padilla, Jr. v. Commission on Elections

Mr. Davide: I would not object. I precisely asked for the deletion of the

words unit or because in the plebiscite to be conducted, it must involve

all the units affected. x x x in the political units directly affected

residents of the political entity who would be economically dislocated by

the separation of a portion thereof have a right to vote in said plebiscite .

C. League of Cities v. Comelec

The creation of LGUs must follow the criteria established in the LGC and

not in any other law and that the Congress cannot write such criteria in any

other law

NOTE:

The requirement that the LGC shall contain the criteria for the creation ofmunicipalities does not prevent the creation of municipalities before the

passage of the LGC.

Section 11.

The Congress may, by law, create special metropolitan political

subdivisions, subject to a plebiscite as set forth in Section 10 hereof.

The component cities and municipalities shall retain their basic

autonomy and shall be entitled to their own local executive and


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legislative assemblies. The jurisdiction of the metropolitan authority

that will thereby be created shall be limited to basic services requiring

coordination.

Does not preserve the Metropolitan Manila Commission BUT it is an

attempt to preserve part of it as a supra-municipal authority with limitedjurisdiction. Thereby saving NCR from relegation to a constitutional limbo

and also authorizes creation of similar authorities in other metro-political

regions.

CASES:

A. MMDA v. Bel-Air Village Assoc.

Whether or not the Metropolitan Manila Development Authority (MMDA)

has the mandate to open Neptune Street to public traffic pursuant to its

regulatory and police powers.

MMDA (Metropolitan Manila Development Authority) agency created

for laying down policies and coordinating with the various national

government agencies, peoples organizations, non-governmental

organizations and the private sector for the efficient and expeditious

delivery of basic services in the vast metropolitan area

functionsadministrative in nature not a municipal corporation endowed with police power CREATION WAS NEVER SUBMITTED TO A PLEBISCITE

MMDA cannot order Bel-Air Village Association to open Neptune Street to

the public.

MMDA is not a local government unit with police power.

Different from MMCcentral government of a LGU.

B. MMDA v. Garin

MMDA may confiscate and suspend or revoke drivers license without need

of any other legislative enactmentwhen there is a traffic law or

regulation validly enacted by the legislature or those agencies to whom

legislative powers have been delegated.

Section 12.

Cities that are highly urbanized, as determined by law, and component

cities whose charters prohibit their voters from voting for provincial

elective officials, shall be INDEPENDENT of the province. The voters

of component cities within a province, whose charters contain no such

prohibition, shall not be deprived of their right to vote for elective

provincial officials.

CLASSIFICATION OF CITIES

INDEPENDENT:

(1) Highly-urbanized cities(2) Component cities with prohibitive charters

from voting on provincial elections envisioned as an ad-hoc category

NOT INDEPENDENT:

(3) Component cities with charters not prohibiting votingCASES:

A. Abella vs. COMELEC

Petitioner (Abella) Respondent

(COMELEC)

Legal Basis Sec.4, Art 10

Independence is

limited to

(1) Sec.12, Art. 10

(2) Sec. 89, RA 179


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administrative cases

Interpretation/Legal

Hermaneutics

Wrong English Doctrine of Last

Antecedent or

Ad proximum

antecedents fiat

relation nisi

impediatur

sentential

Section 13.

Local government units may group themselves, consolidate or

coordinate their efforts, services, and resources for purposes commonly

beneficial to them in accordance with law.

Four (4) alliance configurations are:

A) All-LGU or Natural Alliance - between and among LGUs of the same

level. The all-LGU configuration adheres closest to Section 33 of the Local

Government Code, with the LGUs coming together but not forming a new

juridical entity. The legal binding document for this configuration is the

Memorandum of Agreement.

Examples of this configuration are the:

1) Southeast Cebu Coastal Resource Management Council

(SCCRMC)

2) Lanuza Bay Development Alliance (LBDA)

3) Northern Negros Aquatic Resources Management Advisory

Council (NNARMAC)

4) PALMA Alliance

B) All-LGU Alliance with a new juridical entity - This alliance

configuration is created through congressional acts, presidential executive

order or provincial executive order.

Examples of this configuration are the:

1) Metro Manila Development Authority (MMDA)

2) Partido Development Authority (PDA)

3) Metro Iloilo-Guimaras Economic Development Council

(MIGEDC)

C) All-Government AllianceThis alliance is made up of LGUs and

national line agencies. One example is the Lake Mainit Development

Alliance (LMDA).

D) Public-Private Sector AllianceThis alliance configuration is becoming

increasingly popular because of the recognition that development should

involve all stakeholders as much as possible. It has also been

institutionalized in the National Integrated Protected Areas System (NIPAS)

Act which is the basis for the creation of the PAMB and EO 205 which is

the basis for the creation of the Inter-Local Health Zone (ILHZ).

Examples of this alliance configuration are:

1) Alliance of Northern Iloilo for Health Development

(ANIHEAD)

2) Alliance of Seven, Samar

3) Libertad, Pandan, Sebaste and Culasi Bay Wide Management

Council (LIPASECU)

Section 14.

The President shall provide for regional development councils or other

similar bodies composed of local government officials, regional heads of


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departments and other government offices, and representatives from

non-governmental organizations within the regions for purposes of

administrative decentralization to strengthen the autonomy of the units

therein and to accelerate the economic and social growth and

development of the units in the region.

Regional Development Council

Example: RDC- CAR

highest policy-making body in the region serves as the counterpart of the NEDA Board at the subnational

level.

primary institution that coordinates and sets the direction of alleconomic and social development efforts in the region.

also serves as a forum where local efforts can be related andintegrated with national development activities.

AUTONOMOUS REGIONS

Section 15.

There shall be created autonomous regions in Muslim Mindanao and in

the Cordilleras consisting of provinces, cities, municipalities, and

geographical areas sharing common and distinctive historical and

cultural heritage, economic and social structures, and other relevant

characteristics within the framework of this Constitution and the

national sovereignty as well as territorial integrity of the Republic of

the Philippines.

Autonomous Region Is not an independent nation within the nation, it is

organized within the framework of this Constitution and the National

sovereignty.

Muslim Mindaao A short hand expression to designate those areas of

Mindanao which are predominantly Muslim.

2 Reasons behind the creation of Autonomous Regions

1. Will allow each culture to flourish unhampered by the dominance of

other cultures and thereby to contribute more effectively to national

progress.

2. To furnish possible solution to the regional conflicts that has arisen partly

from cultural.

Section 16.

The President shall exercise general supervision over autonomous

regions to ensure that laws are faithfully executed.

General Supervision is the authority being exercised by the President over

the Autonomous Regions.

Section 17.

All powers, functions, and responsibilities not granted by this

Constitution or by law to the autonomous regions shall be vested in the

National Government.

Powers NOT given to Autonomous Regions:

Jurisdiction over national defense and security; Foreign Relations and Foreign trade; Customs and tariff, quarantine; Currency, monetary affairs, foreign exchange, banking and quasi-

banking, external borrowing;

Posts and communications; Air and sea transport; Immigration and deportation; Citizenship and naturalization; General auditing


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Section 18.

The Congress shall enact an organic act for each autonomous region

with the assistance and participation of the regional consultative

commission composed of representatives appointed by the President

from a list of nominees from multi sectoral bodies. The organic act shall

define the basic structure of government for the region consisting of the

executive department and legislative assembly, both of which shall be

elective and representative of the constituent political units. The

organic acts shall likewise provide for special courts with personal,

family, and property law jurisdiction consistent with the provisions of

this Constitution and national laws.

The creation of the autonomous region shall be effective when

approved by majority of the votes cast by the constituent units in a

plebiscite called for the purpose, provided that only provinces, cities,and geographic areas voting favorably in such plebiscite shall be

included in the autonomous region.

Organic Act- An act of congress conferring powers ofgovernment upon a

territory.

Statute v Organic Act

An ordinary statute whether, general or special, cannot amend an organic

act that provides for an autonomous region and can only be changed

through a plebiscite.

Take Note:

The creation of the Autonomous Region takes place only when theOrganic Act is ratified by a majority of the votes cast by the

constituent units in a plebiscite.

Only the provinces, cities, municipalities, and geographic areasvoting favourably become part of the constituent units of the

autonomous region.

In present time only ARMM or the Autonomous Region of MuslimMindanao was successfully created. The Cordillera Autonomous

Region failed to constitute because ONLY the province of Ifugao

voted in favour of it and was rejected by the provinces and city of

the Cordillera Region.

Those who voted negatively in the first plebiscite under thisConstitution may still join in creation of future autonomous

regions.

CASES:

A. Abbas v COMELEC

It will readily be seen that the creation of the autonomous region is made to

depend, not on the total majority vote in the plebiscite, but on the will of the

majority in each of the constituent units and the proviso underscores this.for if the intention of the framers of the Constitution was to get the majority

of the totality of the votes cast, they could have simply adopted the same

phraseology as that used for the ratification of the Constitution, i.e. the

creation of the autonomous region shall be effective when approved by a

majority of the votes cast in a plebiscite called for the purpose. It is thus

clear that what is required by the Constitution is a simple majority of votes

approving the organic Act in individual constituent units and not a double

majority of the votes in all constituent units put together, as well as in the

individual constituent units. More importantly, because of its categorical

language, this is also the sense in which the vote requirement in the

plebiscite provided under Article X, section 18 must have been understood

by the people when they ratified the Constitution.

B. Cordillera Regional Assembly v COMELEC

The sole province of Ifugao cannot validly constitute the Cordillera

Autonomous Region To become part of a region, it must join other

provinces, cities, municipalities and geographical areas. It joins other units

because of their common and distinctive historical and culturasl heritage,
http://thelawdictionary.org/government/http://thelawdictionary.org/government/


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Enumeration given in Section 20 regarding the Organic Act givento the regional autonomy is NOT exhaustive. It is a POLITICAL

signal that the Constitution is giving much importance given the

nature of regional autonomy.

CASES:

A. Pandi vs. Court of Appeals

Organic acts cannot be amended by an ordinary statute

Its only through a plebiscite called for that purpose that it can be amended.

Creation of Districts

o Only CONGRESSmay create provinces and cities(includes creation of legislative districts)- Based on

Article VI, Sec. 5

o ARMM CANNOTcreate such legislative districtsSection 21.

The Preservation of peace and order within the regions shall be the

responsibility of the local police agencies which shall be organized,

maintained, supervised and utilized in accordance with applicable laws.

The defense and security of the regions shall be the responsibility of the

National Government.

Autonomous regions as still within the purview of the President,they are still part of the Republic.

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