thedaydreamer11 Bar Review Notes

[Law on Local Governments] POLITICAL LAW

Local Government political subdivision of a nation or state which is constituted by law and has substantial 6 control of local affairs Local Government Unit (LGU) body politic and corporate (political and corporate nature) endowed with powers as a political subdivision of the National Government and as a corporate entity representing the 7 inhabitants of its territory ; composed of provinces, 8 cities, municipalities and barangays. Applicability of U.S. jurisprudence law on municipal corporations is patterned from that of the United States, the rules therein should be considered a 9 part of our legal system. Decentralization process by which local government units are given more powers, authority, responsibilities 10 and resources by the national government ; 11 substantially similar to devolution. Recall mode of removal of a public officer by the 12 people before the end of his term of office ; indispensible as it is an exercise of the peoples 13 sovereign power. Initiative electorate process whereby designated percentages of the electorate may initiate legislative or constitutional changes through the filing of formal petitions to be acted on by the legislature or the total 14 electorate. Referendum process of referring to the electorate for approval a proposed new state constitution or 15 amendment or of a law passed by the legislature ; legal process whereby the registered voters of the

Law on Local Governments1

Republic Act No. 7160 An Act Providing For A Local Government Code of 1991

Introduction
Constitutional Provisions pertinent to the Local Government Code of 1991 Sec. 1 The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the 2 Cordilleras as hereinafter provided. Sec. 2 The territorial and political subdivisions shall 3 enjoy local autonomy. Sec. 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 mechanisms of recall, initiative, and referendum, allocate among different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the 4 organization and operation of the local units. Sec. 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 component barangays shall ensure the acts of their component units are within the scope of their 5 prescribed powers and functions.

Patterned 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. 2 Article X of the 1987 Philippine Constitution 3 Id. 4 Id. 5 Id.

Angeles, J.E., Restatement of the Law on Local Governments, p.1 (2005), citing MMDA v. Bel-Air Village Association, Inc. 328 SCRA 836 (2000). 7 Id. 8 Supra note 2, Sec. 1 9 Supra note 6, p.6, citing Homeowners 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, citing R.A. No. 7160, Sec. 2(a) 11 Id., citing R.A. No. 7160, Sec. 17(c) and Ganzon v. Court of Appeals, 200 SCRA 271 (1992) 12 Id., citing Garcia v. COMELEC, 227 SCRA 100 (1993). 13 Id. 14 th Id., p.8, citing Blacks Law Dictionary (6 ed.) 15 Id.

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POLITICAL LAW [Law on Local Governments]

LGUs may approve, amend or reject any ordinance 16 enacted by the sanggunian. Autonomy simply means decentralization in the 17 1987 Constitution There are Two Views as to Autonomy: Atty. Marianne Elizabeth Beltran-Angeles view Atty. Joseph Emmanuel L. Angeles view 18 Three (3) Types of Autonomy (Decentralization) : a) Decentralization of Administration applicable to LGUs; the central government delegates administrative powers to political subdivisions in order to broaden the base of government power, making the LGUs more responsive and accountable and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit 19 of national development and social progress. b) Decentralization of Political Autonomy applicable to Autonomous Regions; autonomous government is free to chart its own destiny and shape its future with minimum intervention from 20 central authorities. c) Decentralization of Power makes LGUs sovereign within the state or an imperium in imperio; goal of Bangsamoro Juridical Entity. Two (2) Types of Autonomy (Decentralization) : a) Decentralization of Administration - applicable to LGUs; the central government delegates administrative powers to political subdivisions in order to broaden the base of government power, making the LGUs more responsive and accountable and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit 22 of national development and social progress. b) Decentralization of Power - applicable to Autonomous Regions; autonomous government is free to chart its own destiny and shape its future with minimum intervention from central 23 authorities.
21

thedaydreamer11 Bar Review Notes

Assigned Cases
GANZON v. COURT OF APPEALS
24

SARMIENTO, J.: FACTS: DILG Secretary, through the powers of the President, suspended Mayor Ganzon of Iloilo City and Mary Ann Artieda, member of the Sangguniang Panlungsod. 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 the scope 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 President shall exercise general supervision over local 25 governments xxx . As opposed to the previous constitution which gives the President the control over them. Control power of an officer to alter, or modify, or nullify, or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for test of the latter. Supervision overseeing or the power of authority of an officer to see that the subordinate officers perform their duties. NOTE: Power to Suspend or Discipline under the power of supervision. The central government (President) through his alter ego (DILG secretary) can discipline an elected official of LGUs if they are not performing their duties or they are performing acts in excess or lack of the powers.

Autonomous Regions
16 17

Id., citing R.A. No. 7160, Sec. 126 Id., p.14. 18 Based from Atty. Marianne Elizabeth Beltran-Angeles discussion last June 10, 2013. 19 Supra note 14 20 Id. 21 Based from Atty. Joseph Emmanuel Angeles book. 22 Supra note 14 23 Id.

Extent of Autonomy of Autonomous Regions grants political autonomy and not just administrative 26 autonomy to these regions.

24 25

G.R. No. 93252, August 5, 1991 Supra note 2, Sec. 4. 26 Supra note 6, p. 15.

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thedaydreamer11 Bar Review Notes

Creation of Autonomous Regions effective upon the approval by majority of the votes cast by the constituent units in a plebiscite called for the purpose; depends not in the total majority vote but on the will of 27 the majority in each of the constituent units. Number of LGUs required an Autonomous Region cannot be constituted from only one province. It must join other provinces, cities, municipalities, and 28 geographical areas. (2 or more constituent units) Manner of Creation (in order): a) Charter first, then b) Plebiscite, as a form of approval of the Charter.

[Law on Local Governments] POLITICAL LAW

accordance with Section 18, Article X of the Constitution, explicitly tells that only those voting favorably in the Autonomous Regions creation will join the said region. _______________________ ORDILLO v. COMELEC
30

Assigned Cases
ABBAS v. COMELEC
29

GUTIERREZ, JR., J.: FACTS: RA 6766 was enacted to create the Cordillera Autonomous Region. A plebiscite was held, pursuant to the said RA. The people of the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and the city of Baguio cast their votes, but based from the results, the Province of Ifugao was the only one which agreed to be a part of the Cordillera Autonomous Region. ISSUE: WON a single constituent unit (Ifugao Province) may constitute Cordillera Autonomous Region. HELD: NO. It must have at least two constituent units. RATIO: Article X, Section 15 of the 1987 Constitution states that: "Sec. 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordillera 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." The keywords provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than one constituent unit. The term "region" used in its ordinary sense means two or more provinces. _______________________ SEMA v. COMELEC
31

CORTES, J.: FACTS: Petitioners want to stop the COMELEC and the DBM from pursuing the plebiscite scheduled on Nov. 19, 1989, including thirteen (13) provinces and nine (9) cities in Mindanao and Palawan, to create the Autonomous Region in Muslim Mindanao, pursuant to R.A. No. 6734, which was enacted pursuant to the 1987 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 case because the creation of an Autonomous Region in Muslim Mindanao is already asked for by the 1987 Constitution. Thus, the international law, incorporated in the Philippine laws in the past, was already constitutionalized. b) RA 6734 is not unconstitutional because the phrase, Article II, section 1(1) of R.A. No. 6734 which declares that "[t]here is hereby created the Autonomous Region in Muslim Mindanao, to be composed of provinces and cities voting favorably in the plebiscite called for the purpose, in
27 28

CARPIO, J.: FACTS: Congress enacted RA 9054 giving it powers to create (abolish, alter, etc.) provinces, cities and municipalities. Pursuant to this, the Regional Assembly enacted MMA 201 creating the Province of Shariff st Kabunsuan composed of 8 municipalities in the 1 district of Maguindanao.

Id., citing Abbas v. COMELEC, 179 SCRA 287 (1989). Id., citing Ordillo v. COMELEC, 192 SCRA 100 (1990). 29 179 SCRA 287 (1989).

30 31

192 SCRA 100 (1990). 558 SCRA 700 (2008).

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POLITICAL LAW [Law on Local Governments]

Province of Maguindanao is part of ARMM; although Cotabato City is under the Province of Maguindanao, it opted out of ARMM, so its under Region XII. Sema, a candidate in the May 2007 elections, contended that the new Province of Shariff Kabunsuan should have a new legislative district, and prayed to nullify 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 of Representatives. 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 abolish provinces, cities and municipalities, subject to the ratification of the constituents affected in the said creation or abolition; and may not delegate such powers. It will be absurd if, without the blessings of the Congress, a constituent unit such as ARMM may produce 1,000 cities and each will have a legislative seat 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 PEACE 32 PANEL CARPIO-MORALES, J.: FACTS: PGMA and the peace panel created the Bangsamoro Juridical Entity, a quasi-state, pursuant to the 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 or formation of a quasi-state, nor does it acknowledge associative relation between the central government and the said quasi-state.
32

thedaydreamer11 Bar Review Notes

The argument that the said action of the President is supported by her residual powers as explained in the case of Marcos v. Manglapus is misplaced as the powers used to create a peace panel to act on this matter originated from the Commander-in-Chief powers of the President, and not from her residual powers. Furthermore, as stated by CJ Puno in his separate concurring opinion, an act of violate now, validate later, is like making a burlesque out of the Constitution. NOTE: ARMM and the BJE may not exist together. One must supplant the other, in this case, they wanted to supplant the ARMM with BJE. _______________________ DATU KIDA v. SENATE
33

BRION, J.: FACTS: Congress enacted RA 10153 An Act Providing for the Synchronization of the Elections in the ARMM with the National Elections on June 2011. Pending the election, the President appointed OIC officials to take over ARMM before the elections. ARMM objects to this saying that this is in complete violation of the supervisorial powers of the President as it gives the President control over ARMM. ARMM further contends that every amendment made on 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 intended that the elections be synchronized with each other. a) It is absurd, costly and time consuming if all amendments 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 preserves the basic structure of the ARMM regional government when it recognizes the offices of the ARMM regional government and directs the OICs who shall temporarily assume these

33

568 SCRA 402 (2008).

G.R. No. 196271, October 18, 2011 (Decision), February 28, 2012 (Resolution)

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thedaydreamer11 Bar Review Notes

offices to perform the functions pertaining to the said offices. Furthermore, the holdover process contended by ARMM (for them to hold the office for the remaining time) is contrary to the Constitution as it only gives them 3 years to hold said position. COMELEC cannot order a special election as well because the elected officials will only serve for a year which still runs contrary to the Constitution.

[Law on Local Governments] POLITICAL LAW

BCDA is entrusted with, among other things, the following purpose: (a) To own, hold and/or administer the military reservations of John Hay Air Station, Wallace Air Station, ODonnell Transmitter Stat ion, San Miguel Naval Communications Station, Mt. Sta. Rita Station (Hermosa, Bataan) and those portions of Metro Manila Camps which may be transferred to it by the President; With such broad rights of ownership and administration vested in BCDA over Camp John Hay, BCDA virtually has control over it, subject to certain limitations provided for by law. By designating BCDA as the governing agency of the John Hay SEZ, the law merely emphasizes or reiterates the statutory role or functions it has been granted. _______________________ ALLIED DOMECQ PHILS. v. VILLON
36

Autonomous Special Economic Zones

Creation should have a charter and with the 34 concurrence of the LGU where it is placed

Assigned Cases
JOHN HAY PEOPLES ATLERNATIVE COALITION v. 35 LIM CARPIO-MORALES, J.: FACTS: RA 7227, or the Bases Conversion and Development Act of 1992 was enacted so that the military bases used by the Americans may be turned into Special Economic Zones. Pursuant to this Act, the President issued Presidential Proclamation No. 420 to convert 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 parts remain constitutional, the whole law may still stand. NOTE: President didnt interfere in local autonomy, as Camp John Hay is explicitly under the custody of BCDA, pursuant to RA 7227. Under R.A. No. 7227, the
34 35

SANDOVAL-GUTIERREZ, J.: FACTS: Allied Domecq Phils. Inc. (ADPI) entered into an exclusive distributorship agreement with Pedro Domecq, S.A., a corporation organized and existing under the laws of Spain, engaged in the manufacture of wine and brandy, particularly, Fundador brandy, until May 17, 2000. Upon its expiration, the agreement is deemed automatically extended for an indefinite period of time. Clark Liberty, a duly licensed duty-free shop operating in the CSEZ, imported 800 cases or a total of 9,420 bottles of Fundador brandy. RTC and CA dismissed the cases filed by ADPI because of lack of jurisdiction. ISSUE: WON CA was correct. HELD: YES, it lacked jurisdiction. RATIO: Clark Liberty is a registered enterprise of the Clark Special Economic Zone and is primarily regulated by R.A. No. 7227, otherwise known as the Bases Conversion and Development Act of 1992. Thus, as such juridical creation, this Court has no jurisdiction to determine whether or not petitioner is entitled to the issuance of an injunctive relief since such authority and jurisdiction belong the Honorable Supreme Court.

R.A. No. 7160, Sec. 117 G. R. No. 119775, October 24, 2003

36

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

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POLITICAL LAW [Law on Local Governments]

thedaydreamer11 Bar Review Notes

Such tribal courts are not a part of the Philippine judicial system which consists of the Supreme Court and the lower courts which have been established by law (Sec. 1, Art. VIII, 1987 Constitution).

Administrative Regions
Code Not Applicable to Administrative Regions Administrative Regions are not territorial and political subdivisions like LGUs. Though not explicitly provided for by the Constitution, the power to merge administrative regions has been traditionally lodged with the President to facilitate and exercise power of 37 supervision.

General Provisions
General Powers and Attributes
Effect of Absence of Code Constitution does not contain any requirement that the Code is a precondition for the creation of LGUs. Before enactment not needed. After enactment should be approved by the people concerned in a plebiscite called for the purpose.

Assigned Cases
CORDILLERA BOARD COALITION v. COA
38

CORTES, J.: FACTS: Constitutionality of E.O. 220 creating Cordillera Administrative Region as it pre-empts the enactment 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 of autonomy to the Cordilleras. It does not create the autonomous region contemplated in the Constitution. It merely provides for transitory measures in anticipation of the enactment of an organic act and the creation of an autonomous region. In short, it prepares the ground for autonomy _______________________ BADUA v. CORDILLERA BODONG ASSOCIATION
39

Assigned Cases
GREATER BALANGA DEVELOPMENT CORP. v. 40 BALANGA QUIASON, J.: FACTS: This case concerns the operation of a public market under the Greater Balanga Development Corporations authority. Upon knowing that theres a Civil Case pending in the said land where the public market operates, the Municipality of Balanga revoked GBDCs permit to operate. ISSUE: WON revocation is proper. HELD: NO, it is incorrect. RATIO: The case pending was already resolved in favor of GBDC. _______________________ NEGROS ORIENTAL II ELECTRIC COOPERATIVE INC. v. SANGGUNIANG PANGLUNSOD NG 41 DUMAGUETE CORTES, J.: FACTS:

GRIO-AQUINO, J.: FACTS: This is a land dispute case wherein the validity of 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 Region did not come into legal existence, the Maeng Tribal Court was not constituted into an indigenous or special court under R.A. No. 6766. Hence, the Maeng Tribal Court is an ordinary tribal court existing under the customs and traditions of an indigenous cultural community.

37

Supra 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).

40 41

239 SCRA 436 (1994). 155 SCRA 421 (1987).

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thedaydreamer11 Bar Review Notes

[Law on Local Governments] POLITICAL LAW

until effectivity of the Code, shall be considered regular municipalities.

Creation of LGUs
Creation; Nature of Authority power vested by the Constitution to the legislature. President creating such units is unconstitutional. How to Create generally, the three requirements must concur: Income Population Land Area Requirement for each LGU: Income Population Province Yes Yes* City Yes Yes* Municipality Yes Yes Barangay No Yes *Either of the two will do.

Assigned Cases
MUN. OF MALABANG v. BENITO
42

CASTRO, J.: FACTS: President Garcia, through E.O. 386, created the Municiality of Balabagan from the Municipality of Malabang. ISSUE: WON the Municipality of Balabagan is a de facto municipal corporation. HELD: NO, it is not. RATIO: E.O. 386 is UNCONSITUTIONAL, since the power to create a municipality is not within the powers of the President; it is lodged in the powers of the Congress. Thus, E.O. 368 being unconstitutional, and there being no other laws to support the creation of the said municipality, it is not considered de jure nor de facto.

Land Area Yes* Yes* Yes No

De facto Municipal Corporation one so defectively created as not to be de jure corporation, but nevertheless the result of a bona fide attempt to incorporate under existing statutory authority, coupled with the exercise of corporate powers; enjoys the status of a de jure corporation until the state questions its existence. Requirements: A charter or general law which such a corporation as it purports to be might lawfully be organized; An attempted compliance in good faith with the requirements of the statute as to incorporation; A colorable compliance with the statutory requirements; 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 municipal corporation. Curative Statute RATIO: Sec. 442(d) existing municipal corporations or districts organized pursuant to Presidential issuances or Executive Orders

42

27 SCRA 533 (1969).

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