political law - local government partial reviewer

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thedaydreamer11 Bar Review Notes [Law on Local Governments] POLITICAL LAW

All Rights Reserved | Intellectual Property of Michael Joseph Nogoy, AUF-School Of Law 1

Law on Local Governments

Republic Act No. 7160

An Act Providing For A Local

Government Code of 1991

Introduction

Constitutional Provisions pertinent to the LocalGovernment Code of 1991

Sec. 1The territorial and political subdivisions of theRepublic of the Philippines are the provinces, cities,municipalities, and barangays. There shall beautonomous regions in Muslim Mindanao and theCordilleras as hereinafter provided.

2

Sec. 2 The territorial and political subdivisions shallenjoy local autonomy.

3

Sec. 3The Congress shall enact a local governmentcode which shall provide for a more responsive andaccountable local government structure institutedthrough a system of decentralization with effectivemechanisms of recall, initiative, and referendum,allocate among different local government units theirpowers, responsibilities, and resources, and provide forthe qualifications, election, appointment and removal,term, salaries, powers and functions and duties of local

officials, and all other matters relating to theorganization and operation of the local units.

4

Sec. 4. The President of the Philippines shallexercise general supervision over local governments.Provinces with respect to component cities andmunicipalities, and cities and municipalities with respectto component barangays shall ensure the acts of theircomponent units are within the scope of theirprescribed powers and functions.

5

1Patterned from Atty. Marianne Elizabeth Beltran-Angeles

Syllabus in Law on Local Governments, and from Atty.

Joseph Emmanuel L. Angeles book, Restatement of the Law

on Local Governments.2Article X of the 1987 Philippine Constitution

3Id.

4Id.

5Id.

Local Governmentpolitical subdivision of a nation orstate which is constituted by law and has substantialcontrol of local affairs

6

Local Government Unit (LGU) body politic andcorporate (political and corporate nature) endowedwith powers as a political subdivision of the NationalGovernment and as a corporate entity representing theinhabitants of its territory

7; composed of provinces,

cities, municipalities and barangays.8

Applicability of U.S. jurisprudence law onmunicipal corporations is patterned from that of theUnited States, the rules therein should be considered apart of our legal system.

9

Decentralizationprocess by which local governmentunits are given more powers, authority, responsibilitiesand resources by the national government

10;

substantially similar to devolution.11

Recall mode of removal of a public officer by thepeople before the end of his term of office

12;

indispensible as it is an exercise of the peoplessovereign power.

13

Initiative electorate process whereby designatedpercentages of the electorate may initiate legislative orconstitutional changes through the filing of formalpetitions to be acted on by the legislature or the totalelectorate.

14

Referendumprocess of referring to the electorate for

approval a proposed new state constitution oramendment or of a law passed by the legislature

15;

legal process whereby the registered voters of the

6Angeles, J.E., Restatement of the Law on Local

Governments, p.1 (2005), citingMMDA v. Bel-Air Village

Association, Inc. 328 SCRA 836 (2000).7Id.

8Supra note 2, Sec. 1

9Supra note 6, p.6, citingHomeowners Association of the

Phils. V. Mun. Board of City of Manila, 24 SCRA 856 (1968)

and Primicias v. Mun. of Urdaneta Pangasinan, et al., 93

SCRA 462 (1979).10

Id., p.7, citingR.A. No. 7160, Sec. 2(a)11

Id., citingR.A. No. 7160, Sec. 17(c) and Ganzon v. Court of

Appeals, 200 SCRA 271 (1992)12

Id., citingGarcia v. COMELEC, 227 SCRA 100 (1993).13

Id.14

Id., p.8, citing Blacks Law Dictionary (6th

ed.)15

Id.


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POLITICAL LAW [Law on Local Governments] thedaydreamer11 Bar Review Notes

2 Intellectual Property of Michael Joseph Nogoy, AUF-School Of Law| All Rights Reserved

LGUs may approve, amend or reject any ordinanceenacted by the sanggunian.

16

Autonomy simply means decentralization in the1987 Constitution

17

There are Two Views as to Autonomy: Atty. Marianne Elizabeth Beltran-Angeles view Atty. Joseph Emmanuel L. Angeles view

Three (3) Types of Autonomy (Decentralization)18

:a) Decentralization of Administrationapplicable

to LGUs; the central government delegatesadministrative powers to political subdivisions inorder to broaden the base of government power,making the LGUs more responsive andaccountable and ensure their fullestdevelopment as self-reliant communities andmake them more effective partners in the pursuitof national development and social progress.

19

b) Decentralization of Political Autonomy

applicable to Autonomous Regions; autonomousgovernment is free to chart its own destiny andshape its future with minimum intervention fromcentral authorities.

20

c) Decentralization of Power makes LGUssovereign within the state or an imperium inimperio; goal of Bangsamoro Juridical Entity.

Two (2) Types of Autonomy (Decentralization)21

:a) Decentralization of Administration - applicable

to LGUs; the central government delegatesadministrative powers to political subdivisions inorder to broaden the base of government power,

making the LGUs more responsive andaccountable and ensure their fullestdevelopment as self-reliant communities andmake them more effective partners in the pursuitof national development and social progress.

22

b) Decentralization of Power - applicable toAutonomous Regions; autonomous government isfree to chart its own destiny and shape its futurewith minimum intervention from centralauthorities.

23

16Id., citingR.A. No. 7160, Sec. 126

17Id., p.14.

18Based from Atty. Marianne Elizabeth Beltran-Angeles

discussion last June 10, 2013.19

Supra note 1420

Id.21

Based from Atty. Joseph Emmanuel Angeles book. 22

Supra note 1423

Id.

Assigned Cases

GANZON v. COURT OF APPEALS24

SARMIENTO, J.:

FACTS: DILG Secretary, through the powers of the

President, suspended Mayor Ganzon of Iloilo City andMary Ann Artieda, member of the SangguniangPanlungsod.

ISSUES:a) WON DILG has the power to suspend, pursuant

to the 1987 Constitution.b) WON the President has power of control or only

power of supervison over LGUs, and what is thescope of each.

c) WON there is decentralization of power.

HELD:a) DILG has power to suspend/discipline.b) President has power of supervision.c) There is decentralization.

RATIO: The 1987 Constitution states: The Presidentshall exercise general supervision over localgovernments xxx

25. As opposed to the previous

constitution which gives the President the control overthem. Control power of an officer to alter, or modify,

or nullify, or set aside what a subordinate officerhad done in the performance of his duties and tosubstitute the judgment of the former for test ofthe latter.

Supervision overseeing or the power ofauthority of an officer to see that the subordinateofficers perform their duties.

NOTE: Power to Suspend or Discipline under thepower of supervision. The central government(President) through his alter ego (DILG secretary) candiscipline an elected official of LGUs if they are notperforming their duties or they are performing acts inexcess or lack of the powers.

Autonomous Regions

Extent of Autonomy of Autonomous Regions grants political autonomy and not just administrativeautonomy to these regions.

26

24G.R. No. 93252, August 5, 1991

25Supra note 2, Sec. 4.

26Supra note 6, p. 15.


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Creation of Autonomous Regions effective uponthe approval by majority of the votes cast by theconstituent units in a plebiscite called for the purpose;depends not in the total majority vote but on the will ofthe majority in each of the constituent units.

27

Number of LGUs required an Autonomous Regioncannot be constituted from only one province. It mustjoin other provinces, cities, municipalities, andgeographical areas. (2 or more constituent units)

28

Manner of Creation (in order):a) Charter first, thenb) Plebiscite, as a form of approval of the Charter.

Assigned Cases

ABBAS v. COMELEC29

CORTES, J.:

FACTS: Petitioners want to stop the COMELEC andthe DBM from pursuing the plebiscite scheduled onNov. 19, 1989, including thirteen (13) provinces andnine (9) cities in Mindanao and Palawan, to create theAutonomous Region in Muslim Mindanao, pursuant toR.A. No. 6734, which was enacted pursuant to the1987 Constitution and the Tripoli Agreement.

ISSUES:a) WON RA 6734 is inconsistent with Tripoli

Agreement.b) WON RA 6734 is unconstitutional.

HELD:a) ANSWER IS UNNECESSARY.b) NO.

RATIO:a) RA 6734s inconsistency with the Tripoli

Agreement is no longer an issue in this casebecause the creation of an Autonomous Region inMuslim Mindanao is already asked for by the 1987Constitution. Thus, the international law,incorporated in the Philippine laws in the past, wasalready constitutionalized.

b) RA 6734 is not unconstitutional because the

phrase, Article II, section 1(1) of R.A. No. 6734which declares that "[t]here is hereby created theAutonomous Region in Muslim Mindanao, to becomposed of provinces and cities voting favorablyin the plebiscite called for the purpose, in

27Id., citingAbbas v. COMELEC, 179 SCRA 287 (1989).

28Id., citing Ordillo v. COMELEC, 192 SCRA 100 (1990).

29179 SCRA 287 (1989).

accordance with Section 18, Article X of theConstitution, explicitly tells that only those votingfavorably in the Autonomous Regions creation willjoin the said region.

_______________________

ORDILLO v. COMELEC30

GUTIERREZ, JR., J.:FACTS:RA 6766 was enacted to create the CordilleraAutonomous Region. A plebiscite was held, pursuant tothe said RA. The people of the provinces of Benguet,Mountain Province, Ifugao, Abra and Kalinga-Apayaoand the city of Baguio cast their votes, but based fromthe results, the Province of Ifugao was the only onewhich agreed to be a part of the Cordillera AutonomousRegion.

ISSUE: WON a single constituent unit (IfugaoProvince) may constitute Cordillera Autonomous

Region.

HELD: NO. It must have at least two constituent units.

RATIO: Article X, Section 15 of the 1987 Constitutionstates that: "Sec. 15. There shall be createdautonomous regions in Muslim Mindanao and in theCordillera consisting of provinces, cities, municipalitiesand geographical areas sharing common anddistinctive historical and cultural heritage, economicand social structures, and other relevant characteristicswithin the framework of this Constitution and thenational sovereignty as well as territorial integrity of the

Republic of the Philippines."

The keywords provinces, cities, municipalities andgeographical areas connote that "region" is to be madeup of more than one constituent unit. The term "region"used in its ordinary sense means two or moreprovinces.

_______________________

SEMA v. COMELEC31

CARPIO, J.:

FACTS: Congress enacted RA 9054 giving it powers to

create (abolish, alter, etc.) provinces, cities andmunicipalities. Pursuant to this, the Regional Assemblyenacted MMA 201 creating the Province of ShariffKabunsuan composed of 8 municipalities in the 1

st

district of Maguindanao.

30192 SCRA 100 (1990).

31558 SCRA 700 (2008).


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Province of Maguindanao is part of ARMM; althoughCotabato City is under the Province of Maguindanao, itopted out of ARMM, so its under Region XII.

Sema, a candidate in the May 2007 elections,contended that the new Province of Shariff Kabunsuanshould have a new legislative district, and prayed tonullify the votes from the said election.

ISSUES:a) WON Sec. 19, Art. VI RA 9054 is

unconstitutional.b) WON the newly created province should be

entitled to one legislative seat in the House ofRepresentatives.

HELD:a) YES, it is UNCONSTITUTIONAL.b) NO, since the province was created in lack or

in excess of the ARMMs powers.

RATIO: Only the Congress may create or abolishprovinces, cities and municipalities, subject to theratification of the constituents affected in the saidcreation or abolition; and may not delegate suchpowers.

It will be absurd if, without the blessings of theCongress, a constituent unit such as ARMM mayproduce 1,000 cities and each will have a legislativeseat in the House of Representatives.

Since it affects the overall setup of the government,

such powers may not be delegated to such entities._______________________

PROVINCE OF NORTH COTABATO v. GRP PEACEPANEL

32

CARPIO-MORALES, J.:FACTS: PGMA and the peace panel created theBangsamoro Juridical Entity, a quasi-state, pursuant tothe Tripoli Agreement.

ISSUE:a) WON this is within the powers of the President.

b) WON this is afforded for by the Constitution.

HELD: NO to both issues.

RATIO: The creation does not provide for a creation orformation of a quasi-state, nor does it acknowledgeassociative relation between the central governmentand the said quasi-state.

32568 SCRA 402 (2008).

The argument that the said action of the President issupported by her residual powers as explained in thecase of Marcos v. Manglapus is misplaced as thepowers used to create a peace panel to act on thismatter originated from the Commander-in-Chief powersof the President, and not from her residual powers.

Furthermore, as stated by CJ Puno in his separateconcurring opinion, an act of violate now, validatelater, is like making a burlesque out of theConstitution.

NOTE: ARMM and the BJE may not exist together.One must supplant the other, in this case, they wantedto supplant the ARMM with BJE.

_______________________

DATU KIDA v. SENATE33

BRION, J.:FACTS: Congress enacted RA 10153 An ActProviding for the Synchronization of the Elections in theARMM with the National Elections on June 2011.Pending the election, the President appointed OICofficials to take over ARMM before the elections.

ARMM objects to this saying that this is in completeviolation of the supervisorial powers of the Presidentas it gives the President control over ARMM.

ARMM further contends that every amendment madeon their First Organic Act should go through plebiscite.

ISSUE:a) WON amendments in the first organic act

should always go through plebiscite.b) WON the act of the President is ultra vires.

HELD: NO on both issues.

RATIO: The framers of the Constitution really intendedthat the elections be synchronized with each other.

a) It is absurd, costly and time consuming if allamendments will have to go through plebiscite.Only those that would affect its constitutionality

should be subjected through plebiscite.b) The provision of RA 10153 clearly preservesthe basic structure of the ARMM regionalgovernment when it recognizes the offices ofthe ARMM regional government and directs theOICs who shall temporarily assume these

33G.R. No. 196271, October 18, 2011 (Decision), February

28, 2012 (Resolution)


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offices to perform the functions pertaining tothe said offices.

Furthermore, the holdover process contended byARMM (for them to hold the office for the remainingtime) is contrary to the Constitution as it only givesthem 3 years to hold said position. COMELEC cannotorder a special election as well because the electedofficials will only serve for a year which still runscontrary to the Constitution.

Autonomous Special

Economic Zones

Creation should have a charter and with theconcurrence of the LGU where it is placed

34

Assigned Cases

JOHN HAY PEOPLES ATLERNATIVE COALITION v.LIM

35

CARPIO-MORALES, J.:FACTS: RA 7227, or the Bases Conversion andDevelopment Act of 1992 was enacted so that themilitary bases used by the Americans may be turnedinto Special Economic Zones. Pursuant to this Act, thePresident issued Presidential Proclamation No. 420 toconvert Camp John Hay into a Special Economic Zone.

ISSUES:a) WON the tax exemption provided in PP420 is

unconstitutional.b) WON PP420 is unconstitutional.

HELD:a) YES, Sec. 3 of PP420 is

UNCONSTITUTIONAL.b) NO, without the invalidated portion, PP420

remains valid and effective

RATIO:a) Tax exemption should be granted by

Congress voting in majority.b) The tax exemption being the only

unconstitutional provision, while the other partsremain constitutional, the whole law may stillstand.

NOTE: President didnt interfere in local autonomy, asCamp John Hay is explicitly under the custody ofBCDA, pursuant to RA 7227. Under R.A. No. 7227, the

34R.A. No. 7160, Sec. 117

35G. R. No. 119775, October 24, 2003

BCDA is entrusted with, among other things, thefollowing purpose: (a) To own, hold and/or administerthe military reservations of John Hay Air Station,Wallace Air Station, ODonnell Transmitter Station, SanMiguel Naval Communications Station, Mt. Sta. RitaStation (Hermosa, Bataan) and those portions of MetroManila Camps which may be transferred to it by thePresident;

With such broad rights of ownership and administrationvested in BCDA over Camp John Hay, BCDA virtuallyhas control over it, subject to certain limitationsprovided for by law. By designating BCDA as thegoverning agency of the John Hay SEZ, the law merelyemphasizes or reiterates the statutory role or functionsit has been granted.

_______________________

ALLIED DOMECQ PHILS. v. VILLON36

SANDOVA L-GUTIERREZ, J.:FACTS: Allied Domecq Phils. Inc. (ADPI) entered intoan exclusive distributorship agreement with PedroDomecq, S.A., a corporation organized and existingunder the laws of Spain, engaged in the manufacture ofwine and brandy, particularly, Fundador brandy, untilMay 17, 2000. Upon its expiration, the agreement isdeemed automatically extended for an indefinite periodof time.

Clark Liberty, a duly licensed duty-free shop operatingin the CSEZ, imported 800 cases or a total of 9,420bottles of Fundador brandy.

RTC and CA dismissed the cases filed by ADPIbecause of lack of jurisdiction.

ISSUE: WON CA was correct.

HELD: YES, it lacked jurisdiction.

RATIO: Clark Liberty is a registered enterprise of theClark Special Economic Zone and is primarily regulatedby R.A. No. 7227, otherwise known as the BasesConversion and Development Act of 1992. Thus, assuch juridical creation, this Court has no jurisdiction to

determine whether or not petitioner is entitled to theissuance of an injunctive relief since such authority andjurisdiction belong the Honorable Supreme Court.

36G.R. No. 156264, September 30, 2004


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Administrative Regions

Code Not Applicable to Administrative Regions Administrative Regions are not territorial and politicalsubdivisions like LGUs. Though not explicitly providedfor by the Constitution, the power to merge

administrative regions has been traditionally lodgedwith the President to facilitate and exercise power ofsupervision.

37

Assigned Cases

CORDILLERA BOARD COALITION v. COA38

CORTES, J.:

FACTS: Constitutionality of E.O. 220 creatingCordillera Administrative Region as it pre-empts theenactment of an organic act by the Congress.

ISSUE: WON E.O. 220 pre-empts act of Congress.

HELD: NO, it does not.

RATIO: EO220 is just preparatory to the grant ofautonomy to the Cordilleras. It does not create theautonomous region contemplated in the Constitution. Itmerely provides for transitory measures in anticipationof the enactment of an organic act and the creation ofan autonomous region. In short, it prepares the groundfor autonomy

_______________________

BADUA v. CORDILLERA BODONG ASSOCIATION39

GRIO-AQUINO, J .:FACTS: This is a land dispute case wherein the validityof the decision of Tribal Courts is questioned.

ISSUE: WON decisions of tribal courts binding.

HELD: NO, in so far as the law is concerned.

RATIO: Since the Cordillera Autonomous Regiondid not come into legal existence, the Maeng TribalCourt was not constituted into an indigenous or specialcourt under R.A. No. 6766. Hence, the Maeng Tribal

Court is an ordinary tribal court existing under thecustoms and traditions of an indigenous culturalcommunity.

37Supra note 6, p.16, citing Abbas v. COMELEC, 179 SCRA

287 (1990) and Chiongbian v. Orbos, 245 SCRA 253 (1995).38

181 SCRA 495 (1990).39

194 SCRA 101 (1991).

Such tribal courts are not a part of the Philippinejudicial system which consists of the Supreme Courtand the lower courts which have been established bylaw (Sec. 1, Art. VIII, 1987 Constitution).

General Provisions

General Powers and Attributes

Effect of Absence of Code Constitution does notcontain any requirement that the Code is a preconditionfor the creation of LGUs.

Before enactmentnot needed. After enactment should be approved by the

people concerned in a plebiscite called for thepurpose.

Assigned Cases

GREATER BALANGA DEVELOPMENT CORP. v.BALANGA

40

QUIASON, J.:FACTS: This case concerns the operation of a publicmarket under the Greater Balanga DevelopmentCorporations authority. Upon knowing that theres aCivil Case pending in the said land where the publicmarket operates, the Municipality of Balanga revokedGBDCs permit to operate.

ISSUE: WON revocation is proper.

HELD: NO, it is incorrect.

RATIO: The case pending was already resolved infavor of GBDC.

_______________________

NEGROS ORIENTAL II ELECTRIC COOPERATIVEINC. v. SANGGUNIANG PANGLUNSOD NGDUMAGUETE

41

CORTES, J.:

FACTS:

40239 SCRA 436 (1994).

41155 SCRA 421 (1987).


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Creation of LGUs

Creation; Nature of Authority power vested by theConstitution to the legislature. President creating suchunits is unconstitutional.

How to Create

generally, the three requirementsmust concur: Income Population Land Area

Requirement for each LGU:

Income Population Land Area

Province Yes Yes* Yes*

City Yes Yes* Yes*

Municipality Yes Yes Yes

Barangay No Yes No

*Either of the two will do.

De factoMunicipal Corporation one so defectivelycreated as not to be de jure corporation, butnevertheless the result of a bona fide attempt toincorporate under existing statutory authority, coupledwith the exercise of corporate powers; enjoys the statusof a de jure corporation until the state questions itsexistence.

Requirements: A charter or general law which such a

corporation as it purports to be might lawfullybe organized;

An attempted compliance in good faith with therequirements of the statute as to incorporation;

A colorable compliance with the statutoryrequirements;

An assumption of corporate powers.

De jure vs. De facto De jure correctly created municipal

corporation De facto defectively created municipal

corporation

Who may question: No one if theres a wholly valid municipal

corporation State (Directly) if theres a de facto

corporation State (Indirectly) or Private Persons

(Directly if theres a wholly invalid municipalcorporation.

Curative StatuteRATIO: Sec. 442(d)existing municipal corporations or districts organizedpursuant to Presidential issuances or Executive Orders

until effectivity of the Code, shall be consideredregular municipalities.

Assigned Cases

MUN. OF MALABANG v. BENITO42

CASTRO, J.:

FACTS: President Garcia, through E.O. 386, createdthe Municiality of Balabagan from the Municipality ofMalabang.

ISSUE: WON the Municipality of Balabagan is a defacto municipal corporation.

HELD: NO, it is not.

RATIO: E.O. 386 is UNCONSITUTIONAL, since thepower to create a municipality is not within the powersof the President; it is lodged in the powers of theCongress. Thus, E.O. 368 being unconstitutional, andthere being no other laws to support the creation of thesaid municipality, it is not considered de jure nor defacto.

4227 SCRA 533 (1969).

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