In President Lincoln’s immortal In President Lincoln’s immortal words words ““it is a government of the it is a government of the

people by the people and people by the people and for the people.for the people.””

Our Our Constitution Constitution declares and declares and states that we are in a democratic states that we are in a democratic country. country. What is a What is a democracydemocracy??

Democracies are of 2 kindsDemocracies are of 2 kinds 1.) Pure or direct and1.) Pure or direct and

2.) Representative or 2.) Representative or indirect democracy indirect democracy

A pure democracy is one in which the will of A pure democracy is one in which the will of the state is formulated or expressed directly the state is formulated or expressed directly and immediately by the people themselves and immediately by the people themselves and not through delegatesand not through delegates

State is composed of the State is composed of the National Government and the National Government and the

Local Government units – Local Government units – barangays, municipalities, cities barangays, municipalities, cities

and provincesand provinces

Why do we Local Why do we Local Legislators exist inLegislators exist inthe entire gamut of the entire gamut of

government?government?

This is because we are elected in a This is because we are elected in a democratic statedemocratic state

A democracy is commonly defined A democracy is commonly defined as a government ruled by the as a government ruled by the

peoplepeople

Representative democracy is Representative democracy is one where the will of the state one where the will of the state is formulated and expressed is formulated and expressed

through relatively small and through relatively small and select body of officials select body of officials chosen chosen by the peopleby the people to act to act as their as their representatives representatives hence the termhence the term REPUBLIC and REPUBLICANREPUBLIC and REPUBLICAN..

- - 11stst legal document legal document Maura LawMaura Law of 1893 of 1893 which was enacted by the Spanish which was enacted by the Spanish

colonizers as a half hearted recognition colonizers as a half hearted recognition and tribute to the Filipinos ability in and tribute to the Filipinos ability in

self-governmentself-government The Maura Law established the The Maura Law established the tribunales tribunales

principalesprincipales and junta provinciales and junta provinciales

A CapsulizedLegal History on Local AutonomyLegal History on Local AutonomyDecentralization and DevolutionDecentralization and Devolution

But in the classic work of But in the classic work of President Jose P. Laurel in 1926 President Jose P. Laurel in 1926 entitled Local Government in the entitled Local Government in the Philippine Islands, it traced the Philippine Islands, it traced the roots of autonomy as existent roots of autonomy as existent even before the arrival of the even before the arrival of the

Spaniards and Spanish Spaniards and Spanish Legislation.Legislation.

BarangaysBarangays were regarded to be were regarded to be functional even before the Spanish functional even before the Spanish conquest Spanish local government.They conquest Spanish local government.They were autonomous territorial units headed were autonomous territorial units headed by a chieftain called by a chieftain called datu,panginoo or datu,panginoo or pangolopangolo. These territorial units were . These territorial units were adapted by the spaniards on adapted by the spaniards on administrative units headed by administrative units headed by cabeza de cabeza de barangaysbarangays..

1898 Malolos1898 Malolos Constitution expressly Constitution expressly recognizing local assemblies-municipal recognizing local assemblies-municipal and provincialand provincial

1905 Act 1396 1905 Act 1396 An act reorganizing the An act reorganizing the provincial government – a feature of provincial government – a feature of

this statute was the elimination of appointive this statute was the elimination of appointive members of the Provincial Board. They members of the Provincial Board. They were henceforth elected.were henceforth elected.

1959 RA 22641959 RA 2264 The first Local Autonomy Act The first Local Autonomy Act1959 RA 23701959 RA 2370 The Barrio charter. This The Barrio charter. This

law vest taxing powers law vest taxing powers to the barrio governed to the barrio governed

by an elected barrio council. by an elected barrio council.1967 RA 51851967 RA 5185 The Decentralization Act The Decentralization Act1983 BP 337 1983 BP 337 Local Government CodeLocal Government Code

Finally, under the 1987 Constitution w/c Finally, under the 1987 Constitution w/c categorically categorically commanded commanded that the “State shall insure that the “State shall insure autonomy of local governments and specifically autonomy of local governments and specifically mandated that congress shall enact a local government mandated that congress shall enact a local government code.code.

And this is the 23rd year old Local And this is the 23rd year old Local Government Code of 1991 – R.A. 7160Government Code of 1991 – R.A. 7160

Legislative Power Definition : the power to propose, enact, repeal and amend laws

Legislative Power when exercised is either a tax ordinance or an eminent domain ordinance or a police power measure.

Local Legislative power is exercised by theLocal Legislative power is exercised by the

Sangguniang BarangaySangguniang Barangay (SEC. 391, R.A. 7160)(SEC. 391, R.A. 7160)

Sangguniang BayanSangguniang Bayan (SEC. 447, R.A. 7160)(SEC. 447, R.A. 7160)

Sangguniang PanlungsodSangguniang Panlungsod (SEC. 458, R.A.7160)(SEC. 458, R.A.7160)

Sangguniang PanlalawiganSangguniang Panlalawigan (SEC. 467, R.A.7160)(SEC. 467, R.A.7160)

NORMAL FLOW OF LEGISLATIVE NORMAL FLOW OF LEGISLATIVE MILLMILL

Local Legislator proposesordinance

SP/SB secretariat Calendars the

ordinance

Approval on 1st readingCommittee referral

for review

Reviewing committeeRenders report

Approval on 2nd readingwith Amendments

Approval on 3rd readingVice-Mayor/Vice-Governor

Certifies ordinance

Submission To Mayor/Governor

for approvalVeto-general (ultra vires

& contrary to public welfareItem- limited to ADIL

Approval by inaction, 15 days-province

10 days municipalities/cities

In case of componentCity/ municipality

Subject to review by PBSEC. 56 R.A. 7160

Effectivity of ordinance, 30 days,

10 days after date of publication

SEC. 59 R.A. 7160

SEC. 16 R.A. 7160 General WelfareSEC. 16 R.A. 7160 General Welfare

Every local government unit shall exercise the powers Every local government unit shall exercise the powers expressly grantedexpressly granted, those , those necessarily impliednecessarily implied therefrom, as therefrom, as well as powers well as powers necessarynecessary, , appropriateappropriate, or , or incidentalincidental for its for its efficient and effective governance, and those which are efficient and effective governance, and those which are essential to the promotion of the general welfare. Within essential to the promotion of the general welfare. Within their respective territorial jurisdiction, local government units their respective territorial jurisdiction, local government units shall ensure and support among other things, the shall ensure and support among other things, the preservation and enrichment of preservation and enrichment of cultureculture, promote , promote healthhealth and and safetysafety, enhance the right of the people to a balanced , enhance the right of the people to a balanced ecologyecology, encourage and support the development of , encourage and support the development of appropriate and self-reliant scientific and technological appropriate and self-reliant scientific and technological capabilities, improve public capabilities, improve public moralsmorals, enhance , enhance economiceconomic prosperityprosperity and and social justicesocial justice, promote full , promote full employmentemployment among their residents, maintain among their residents, maintain peace and orderpeace and order, and , and preserve the preserve the comfortcomfort and and convenience of the inhabitantsconvenience of the inhabitants..

CAULDRON OF GENERAL WELFARE

Police Power

Eminent Domain

Taxation

Ideal areas of Legislation: Ideal areas of Legislation: 20% Development Fund20% Development Fund

Delivery of basic servicesDelivery of basic services - health - health ( field health & hospital services and other tertiary services)( field health & hospital services and other tertiary services)

- public works ( founded by local funds) - public works ( founded by local funds) - social welfare services - social welfare services - education - education - - environmentenvironment - tourism ( facilities, promotion & development) - tourism ( facilities, promotion & development) - telecommunications services - telecommunications services - housing services - housing services - other services such as investment support - other services such as investment support

SummarySummary“…“…the purse, the regulator or prohibitor, the enforcer and the the purse, the regulator or prohibitor, the enforcer and the official voice of the people.”official voice of the people.”

* Enforcement of certain regulatory powers* Enforcement of certain regulatory powers

- reclassification of agricultural lands- reclassification of agricultural lands - enforcement of environmental laws - enforcement of environmental laws - inspection of food products and quarantine - inspection of food products and quarantine - enforcement of national building code - enforcement of national building code - operation of tricycles - operation of tricycles

- processing and approval of subdivision - processing and approval of subdivision plansplans

- establishments of cockpits and holding of cockfights- establishments of cockpits and holding of cockfights

EXTRAORDINARY FLOW OF EXTRAORDINARY FLOW OF LEGISLATIVE MILLLEGISLATIVE MILL

R.A. NO. 6735R.A. NO. 6735

Filing of PetitionTo the Legislative

body

If no favorable action from theLegislative body within 30 days,

the proponentsMay invoke their power

Of initiative

Proposition numbered serially.DILG shall extend assistance

In the formulation of proposition

Collection of required number Of signatures.

Province/City 1,000Municipality 100

Barangay 50

COMELEC sets a date forinitiative

Effectivity of local Propositions

15 days after certificationby COMELEC

Certification by COMELECof the sufficiency of

signatures

VotingReferendum/ Initiative 60/45/30Formula-Majority of votes cast

To override, local legislative body ¾ vote

* Legal and Institutional Infrastructure for participation of * Legal and Institutional Infrastructure for participation of civil society in local governancecivil society in local governance

- Recall and peoples initiative provisions- Recall and peoples initiative provisions- NGOs and POs participation in governance- NGOs and POs participation in governance

* Financial resources availability to LGUs* Financial resources availability to LGUs - broadening taxing powers - broadening taxing powers - providing specific share from the national wealth exploited - providing specific share from the national wealth exploited

in their area ( mining, fishery and forestry)in their area ( mining, fishery and forestry) - Increasing share from the national taxes (IRA) - Increasing share from the national taxes (IRA)

* Foundation for the development and evolution of more* Foundation for the development and evolution of more

entrepreneurial-oriented local governmententrepreneurial-oriented local government - to enter into build - operate-transfer (BOT) arrangements- to enter into build - operate-transfer (BOT) arrangements - float bonds - float bonds - obtaining loans from local private institutions, etc - obtaining loans from local private institutions, etc

Estate of Francisco vs. CA, July 25, 1991Estate of Francisco vs. CA, July 25, 1991 Nuisance can be abated without judicial interference if it is a nuisance per se. If Nuisance can be abated without judicial interference if it is a nuisance per se. If one which affects the immediate safety and may be summarily abated under the one which affects the immediate safety and may be summarily abated under the undefine law of necessity. Otherwise, if it is a nuisance per accidence it must be undefine law of necessity. Otherwise, if it is a nuisance per accidence it must be so proven in a hearing conducted for that purpose (storage of copra). so proven in a hearing conducted for that purpose (storage of copra).

Quezon City vs. Ericta, June 24, 1993.Quezon City vs. Ericta, June 24, 1993.Taking without just compensation. A local government unit cannot require a Taking without just compensation. A local government unit cannot require a memorial park to set aside a portion of their cemetery for charity burial. The act memorial park to set aside a portion of their cemetery for charity burial. The act constitutes taking without just compensation and not a valid exercise of regulatory constitutes taking without just compensation and not a valid exercise of regulatory power.power.

Binay vs. Domingo, Sept. 11, 1991Binay vs. Domingo, Sept. 11, 1991Municipal Resolution Entitled: “Municipal Resolution Entitled: “A RESOLUTION TO CONFIRM AND/OR RATIFY A RESOLUTION TO CONFIRM AND/OR RATIFY THE ONGOING BURIAL ASSISTANCE PROGRAM INITIATED BY THE OFFICE THE ONGOING BURIAL ASSISTANCE PROGRAM INITIATED BY THE OFFICE OF THE MAYOR, OF EXTENDING FINANCIAL ASSISTANCE OF FIVE OF THE MAYOR, OF EXTENDING FINANCIAL ASSISTANCE OF FIVE HUNDRED PESOS (P500.00) TO A BEREAVED FAMILY, TO BE TAKEN OUT HUNDRED PESOS (P500.00) TO A BEREAVED FAMILY, TO BE TAKEN OUT OF UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN THE MUNICIPAL OF UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN THE MUNICIPAL TREASURY.”TREASURY.”A local government unit may use unappropriated available funds for extending A local government unit may use unappropriated available funds for extending financial assistance to qualified indigent families. Public purpose is not financial assistance to qualified indigent families. Public purpose is not unconstitutional merely because it incidentally benefits a limited numberunconstitutional merely because it incidentally benefits a limited numberof personsof persons

De la Cruz vs. Paras, 123 SCRA 569De la Cruz vs. Paras, 123 SCRA 569 A local Government council cannot prohibit the establishment of A local Government council cannot prohibit the establishment of

nightclubs and cabarets; it may only regulate their operations nightclubs and cabarets; it may only regulate their operations

Velasco vs. Villegas, 120 SCRA 568Velasco vs. Villegas, 120 SCRA 568An ordinance prohibiting barber shops from conducting massage business in An ordinance prohibiting barber shops from conducting massage business in

another room was held valid, as it was passed for the protection of public another room was held valid, as it was passed for the protection of public moralsmorals

Tano vs. Socrates, 278 SCRA 154Tano vs. Socrates, 278 SCRA 154An ordinance “banning the shipment of all live fish and lobster outside Puerto An ordinance “banning the shipment of all live fish and lobster outside Puerto

Princesa City for a period of five years was declared unreasonable and Princesa City for a period of five years was declared unreasonable and unconstitutional. (See P.D. 1015)unconstitutional. (See P.D. 1015)

Matalin Coconut vs. Mun. Council of Malabang, Lanao del Sur, 143 Matalin Coconut vs. Mun. Council of Malabang, Lanao del Sur, 143 SCRA 404SCRA 404

Inspection fee of 30 cents. per sack of cassava flour was held invalid,. It is not Inspection fee of 30 cents. per sack of cassava flour was held invalid,. It is not a license fee but a tax.a license fee but a tax.

Subic Bay Metropolitan Authority vs. COMELEC, Sept. 26, 1926Subic Bay Metropolitan Authority vs. COMELEC, Sept. 26, 1926

The Constitution clearly includes not only ordinance but resolutions as The Constitution clearly includes not only ordinance but resolutions as appropriate subjects of local initiativeappropriate subjects of local initiative

Cases on Municipal liabilityCases on Municipal liabilityCity of Manila vs. Teotico, 22 SCRA 267City of Manila vs. Teotico, 22 SCRA 267

The City of Manila was held liable for damages when a person fell into an open The City of Manila was held liable for damages when a person fell into an open manhole in the street of the City.manhole in the street of the City.

Jimenez vs. City of Manila, 150 SCRA 510Jimenez vs. City of Manila, 150 SCRA 510City of Manila was held solidarily liable for injuries sustained by individual who stepped City of Manila was held solidarily liable for injuries sustained by individual who stepped

on a rusted nail while the market was flooded.on a rusted nail while the market was flooded.

Guilatco vs. City of Dagupan 171 SCRA 382Guilatco vs. City of Dagupan 171 SCRA 382Liability of the City for injuries due to defective roads attaches even if the road does not Liability of the City for injuries due to defective roads attaches even if the road does not

belong to the local government unit, as long as the city exercises control and belong to the local government unit, as long as the city exercises control and supervision over said road.supervision over said road.

ART 2189, CIVIL CODE ART 2189, CIVIL CODEA Local Government unit is liable for damages for the death of, or injuries suffered by A Local Government unit is liable for damages for the death of, or injuries suffered by

any person by reason of defective condition of roads, bridges, public buildings and any person by reason of defective condition of roads, bridges, public buildings and other public works under their control and supervisionother public works under their control and supervision

ART. 34, CIVIL CODEART. 34, CIVIL CODE The Local Government unit is subsidiarily liable for damages suffered by a person by The Local Government unit is subsidiarily liable for damages suffered by a person by

reason of the failure or refusal of a member of the police force to render aid and reason of the failure or refusal of a member of the police force to render aid and protection incase of danger to life and property protection incase of danger to life and property

LIABILITY FOR TORTLIABILITY FOR TORT* * If the Local Government unit is engaged in governmental functions, it is notIf the Local Government unit is engaged in governmental functions, it is not

liable. liable.

Municipality of San Fernando (La Union) vs. Firme 195 SCRA 692Municipality of San Fernando (La Union) vs. Firme 195 SCRA 692The Municipality was not held liable for tort committed by a regular employee, The Municipality was not held liable for tort committed by a regular employee,

even if the dump truck used belongs to the municipality, inasmuch as the even if the dump truck used belongs to the municipality, inasmuch as the employee was discharging governmental (Public Works) functionsemployee was discharging governmental (Public Works) functions

* If engaged in proprietary functions, local government unit is liable* If engaged in proprietary functions, local government unit is liable

Torio vs. Funtanilla, 85 SCRA 599Torio vs. Funtanilla, 85 SCRA 599Holding of town fiesta is a proprietary function. The Municipality of Malasigue Holding of town fiesta is a proprietary function. The Municipality of Malasigue Pangasinan, was held liable for the death of a member of the zarzuela group Pangasinan, was held liable for the death of a member of the zarzuela group

when the stage collapsed. when the stage collapsed.

Rama vs. Court of Appeals 148 SCRA 496Rama vs. Court of Appeals 148 SCRA 496The Provincial Governor and the Members of the Provincial Board were held The Provincial Governor and the Members of the Provincial Board were held

liable for damages in their personal capacity arising from the illegal act of liable for damages in their personal capacity arising from the illegal act of dismissing employees of bad faith.dismissing employees of bad faith.

Sangalang vs. IAC, 176 SCRA 719Sangalang vs. IAC, 176 SCRA 719A zoning ordinance reclassifying residential into commercial or light industrial A zoning ordinance reclassifying residential into commercial or light industrial

area is a valid exercise of police powerarea is a valid exercise of police power

Ortigas vs. Feati Bank, 94 SCRA 533Ortigas vs. Feati Bank, 94 SCRA 533Police Power is superior over the non-impairment clause. Police Power is superior over the non-impairment clause.

Basco vs. PAGCOR,Basco vs. PAGCOR, 197 SCRA 52197 SCRA 52Local Governments have no power to tax instrumentalities of the National Local Governments have no power to tax instrumentalities of the National

GovernmentGovernment

Magtajas vs. Pryce Properties, July 20, 1994Magtajas vs. Pryce Properties, July 20, 1994Activities allowed by law cannot be prohibited, only regulated.Activities allowed by law cannot be prohibited, only regulated.

Camarines Sur vs. CA May 17, 1993Camarines Sur vs. CA May 17, 1993On the power of expropriation, the Supreme On the power of expropriation, the Supreme Court said that actual use is already relaxed. Court said that actual use is already relaxed.

Public use may mean public advantage, Public use may mean public advantage, convenience or benefit.convenience or benefit.

(resort complex for tourist or housing)(resort complex for tourist or housing)

Mendoza vs. de Leon, 33 Phil. 508Mendoza vs. de Leon, 33 Phil. 508

Operation of a ferry service is a proprietary Operation of a ferry service is a proprietary function. The municipality is negligent and function. The municipality is negligent and thus liable for having awarded the franchise to thus liable for having awarded the franchise to operate ferry service to another operate ferry service to another notwithstanding the previous grant of the notwithstanding the previous grant of the franchise to plaintiff.franchise to plaintiff.

A mere Seedling

Cost P5.00 + Principled Leadership =

An ordinary textbook

Cost P150.00 + Motivated Leadership =

Injectable Vaccine

Cost P30.00 + Stable Governance =

(The will of the people is the Supreme Law)

E N DE N D