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LGC - Chapter 1 to 5 (ADREMESIN).pptx


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LGC - Chapter 1 to 5 (ADREMESIN).pptx

  1. 1. Chapter 1 - 5
  3. 3. DIVISIONS OF POLITICAL LAW: (a) Constitutional Law (b) Administrative law (c) Law on Municipal Corporations (d) Law of Public Officers (e) Election Laws (f) Public International Law
  4. 4. CORPORATION DEFINED. (a) Artificial being (b) Operation of law (c) Succession (d) Powers, attributes, and properties
  5. 5. CLASSES OF CORPORATIONS (a) Public (b) Private (c) Quasi-Public
  6. 6. CLASSES OF CORPORATIONS (a) Public - Quasi Corporations - Municipal Corporation (b) Private (c) Quasi-Public
  7. 7. MUNICIPAL CORPORATION DEFINED. - a body politic and corporate constituted by the incorporation of the inhabitants for purposes of local government thereof - it is established by law partly as an agency of the state to assist in the civil government of the country, but chiefly to regulate and administer the local or internal affairs of the city, town, or district which is incorporated
  8. 8. ELEMENTS OF MUNICIPAL CORPORATIONS: 1. Legal creation or incorporation 2. Corporate name 3. Inhabitants 4. Territory
  9. 9. LOCAL GOVERNMENT DEFINED. - a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs - it has a dual nature and function, namely:  public or governmental  private or corporate
  10. 10. SOURCES OF POWER OF LOCAL GOVERNMENTS  The 1987 Constitution  The Local Government Code of 1991  All existing laws, acts, decrees, executive orders, proclamations and administrative regulations
  11. 11. CLASSIFICATION OF LOCAL GOVERNMENT POWERS  Express Powers  Implied Powers  Inherent Powers  Legislative and Executive Powers  Intramural and Executive Powers  Governmental and Municipal Powers  Mandatory and Discretionary Powers
  12. 12. KINDS OF PROPERTIES OF LOCAL GOVERNMENT UNITS  Property for public use  Patrimonial property
  13. 13. TYPES OF LOCAL GOVERNMENT  De jure municipal corporations  Municipal corporations by prescription  De facto municipal corporations - a valid law authorizing incorporation - an attempt in good faith to organize it - a colorable compliance with law - an assumption of corporate powers
  14. 14. Local Government, 1987 Constitutional Provisions Sec. 25, Art. II, 1987 Constitution, provides; “The State shall ensure the autonomy of local governments.” Congress SHALL enact a local government code (a) to provide a more responsive and accountable local government structure initiated through a system of DECENTRALIZATION with effective mechanisms of recall, initiative and referendum
  15. 15. AUTONOMY  Decentralization of administration (deconcentration)  Decentralization of power (devolution).
  16. 16. ADMINISTRATIVE REGIONS vs. AUTONOMOUS REGIONS Administrative Regions are mere grouping of contiguous provinces for administrative purposes, not for political representation whereas, Autonomous Regions creation of autonomous regions in Muslim Mindanao and the Cordilleras, which is unique to the 1987 Constitution, contemplates grant of political autonomy and not just administrative autonomy to those regions.
  18. 18. Section 1, Local Gov’t Code Title This Act shall be known and cited as the "Local Government Code of 1991"
  19. 19. Section 2, Local Gov’t Code Declaration of Policy LGU to enjoy genuine and meaningful autonomy to enable them to attain their fullest development as self-reliant communities and make them effective partners in attainment of national goals – thru decentralization. National agencies and offices to conduct periodic consultations with appropriate LGUs, NGOs and POs, before any project or program is implemented in their jurisdiction.
  20. 20. LINA VS. PANO 364 SCRA 76 The SC ruled that, the game of lotto is a game of chance duly authorized by the national government through an Act of Congress (RA1169), as amended by BP42, the law granting a franchise to the PCSO and allows it to operate lotteries. This statute remains valid today. While lotto is a game of chance, the national government deems it wise and proper to permit it. Hence, the Provincial Board of Laguna, as a LGU, cannot issue a resolution or an ordinance that would seek to prohibit permits. What the national legislature allows by law, such as lotto, a provincial board may not disallow by ordinance or resolution.
  21. 21. Section 3, Local Gov’t Code Operative Principles of Decentralization Section 4, Local Gov’t Code Rules of Interpretation Section 5, Local Gov’t Code Scope of Application
  23. 23. Section 6, Local Gov’t Code Authority to Create Local Government Unit
  24. 24. Section 7, Local Gov’t Code Creation/Conversion of Local Government Unit
  25. 25. Indicators of viability in the creation of  INCOME  POPULATION  LAND AREA
  26. 26. Section 8, Local Gov’t Code Division / Merger of existing of Local Government Unit Section 9, Local Gov’t Code Abolition of Local Government Unit
  27. 27. Section 10, Local Gov’t Code Plebiscite Requirement to be conducted by COMELEC within 120 days from date of effectivity of law/ordinance effecting such action, unless said law/ordinance fixes another date.
  28. 28. Section 11, Local Gov’t Code Selection and Transfer of Local Government Sites, Offices and Facilities Section 12, Local Gov’t Code Government Centers Section 13, Local Gov’t Code Naming of Local Government Units and Public Places, Streets and Structures
  29. 29. Section 14, Local Gov’t Code Beginning of Corporate Existence
  30. 30. MEJIA vs. BALOLING 81 PHIL 486 Since a city is a public corporation or juridical entity, and as such cannot operate or transact business by itself but through agents and officials, it is necessary that officials thereof be appointed or elected in order that it may transact business as such public corporation or city.
  31. 31. Section 15, Local Gov’t Code Political and Corporate Nature of Local Government Units
  32. 32. Municipal Corporation in the Philippines:  Province (Sec. 459, LGC)  City (Sec. 448)  Municipality (Sec. 440, LGC)  Barangay (Sec. 384, LGC)  Autonomous Regions
  33. 33. Section 16, Local Gov’t Code General Welfare Clause
  34. 34. Limits on LGUs Police Power  Exercisable only within territorial limits of LGU  Equal Protection Clause  Due Process Clause  Not contrary to the Constitution and the laws
  35. 35. TAN vs. PEREÑA, G.R. No. 149743, 02/18/2005 In 1993, the Municipal Council of Daanbantayan, Cebu enacted municipal ordinances which eventually allowed the operation of not more than three cockpits in the municipality. In 1995, Petitioner (Leonardo Tan) applied for a license to operate a cockpit. Respondent (Socorro Perena), who was an existing licensee, filed a complaint with the RTC to enjoin Petitioner from operating his cockpit citing that the challenged ordinance allowing the operation of not more than three cockpits violated PD449.
  36. 36. The trial court dismissed the complaint and upheld Petitioner’s franchise reasoning that, while the ordinance may be in conflict with PD449, any doubt in interpretation should be resolved in favor of the grant of more power to LGUs under the LGC’s principle of devolution. Whether the municipal ordinance (Ordinance 7) contravenes the Cockfighting Law as to the number of cockpits allowed per municipality?
  37. 37. Petition is denied. Cockfighting Law arises from a valid exercise of police power by the national government. Of course, local governments are similarly empowered under Section 16 of the Local Government Code. We do not doubt, however, the ability of the national government to implement police power measures that affect the subjects of municipal government, especially if the subject of regulation is a condition of universal character irrespective of territorial jurisdictions. Cockfighting is one such condition.
  38. 38. A municipal ordinance must not contravene the Constitution or any statute, otherwise it is void. Ordinance No. 7 unmistakably contravenes the Cockfighting Law in allowing three cockpits in Daanbantayan.
  39. 39. Section 17, Local Gov’t Code Basic Services and Facilities
  40. 40. Section 18, Local Gov’t Code Power to Generate & Apply Resources
  41. 41. SMART COMMUNICATIONS, INC. vs. CITY OF DAVAO, G.R. No. 155491, 09/16/2008 The Tax Code of Davao City, Sec. 1, Art. 10 thereof, provided that: “Notwithstanding any exemption granted by any law or other special law, there is hereby imposed a tax on businesses enjoying a franchise, at a rate of seventy-five percent (75%) of one percent (1%) of the gross annual receipts for the preceding calendar year based on the income or receipts realized within the territorial jurisdiction of Davao City.
  42. 42. Whether or not Smart is liable to pay the franchise tax imposed by the City of Davao. YES. The SC find that there is no violation of Article III, Section 10 of the 1987 Philippine Constitution. Tax exemptions are never presumed and are strictly construed against the taxpayer and liberally in favor of the taxing authority. They can only be given force when the grant is clear and categorical. Moreover, Smarts franchise was granted with the express condition that it is subject to amendment, alteration, or repeal. In this case since there is doubt it must be resolved in favor of the City of Davao. The “in lieu” of all taxes clause applies only to national internal revenue taxes and not to local taxes.
  43. 43. Section 19, Local Gov’t Code Eminent Domain
  44. 44. In the case of MUN. OF PARANAQUE vs. V.M. REALTY CORP, LGC in effect when complaint for expropriation was filed, explicitly requires an ordinance for this purpose. If Congress intended to allow LGU to exercise eminent domain through MERE resolution, it would have simply adopted the language of the previous local government code (BP 337 of 1983).
  45. 45. Where the law is clear and ambiguous, the law is applied according to the express terms. Eminent Domain necessarily involves a derogation of a fundamental or private right of the people, hence, manifest change in legislative language from “resolution” under BP337 to “ordinance” under RA7160 demands strict interpretation.
  46. 46. Section 20, Local Gov’t Code Reclassification of Lands
  47. 47. Agricultural Land, defined: Those public lands acquired from Spain which are not timber or mineral land; land devoted to agriculture or to any growth. Grounds for Reclassification: (i) When land ceases to be economically feasible and sound for agricultural purposes as determined by the Dept. of Agriculture; and (ii) when land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the Sanggunian
  48. 48. Section 21, Local Gov’t Code Closure and Opening of Roads
  49. 49. Section 22, Local Gov’t Code Corporate Powers
  50. 50. Corporate Powers  To continuous succession in its corporate name;  To sue and be sued;  To have and use a corporate seal;  To acquire and convey real or personal property;  To enter into contracts; such other powers as are granted corporation subject to limits provided in LGC and other laws.
  51. 51. Section 23, Local Gov’t Code Authority to Negotiate and Secure Grants
  52. 52. Section 24, Local Gov’t Code Liability for Damages
  53. 53. In the case of CORREA vs. CFI of BULACAN, municipal corporation is responsible only for acts of its officers only when they have acted by authority of law and in conformity with requirements. A public officer who commits a tort or wrongful act, done in excess or beyond the scope of his duty, is not protected by his office and is personally liable therefor like any private individual.
  54. 54. In the case of PILAR vs. SANGGUNIANG BAYAN OF DANSOL, PANGASINAN, municipal mayor is personally liable for damages (moral and exemplary) and attorney’s fees for having vetoed in bad faith, resolution appropriating funds for salary of the vice mayor.
  55. 55. In the case of MENDOZA vs DE LEON, operation of ferry service is a proprietary function. Municipality is negligent and therefore liable for having awarded franchise to operate ferry service to another notwithstanding previous grant of franchise to the plaintiff.
  56. 56. In the case of MUNICIPALITY OF JAASAN, MISAMIS ORIENTAL vs. GENTALLAN, there being no malice or bad faith in the illegal dismissal and refusal to reinstate respondent Gentallan by her superior officers, the latter cannot be held personally liable for her back salaries. Municipal government, ergo, should disburse funds to answer for her claims.
  57. 57. • Liability for contracts • As to tort liability
  59. 59. Section 25, Local Gov’t Code National Supervision over Local Government Units
  60. 60. President’s General Supervision  directs over provinces, highly urbanized cities and independent component cities, (through provinces over) component cities and municipalities; and (through cities and municipalities over) barangays;  to ensure that acts of LGU are within the scope of their prescribed powers and functions; Article X, Section 16 of 1987 Constitution – President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed.
  61. 61. Section 26, Local Gov’t Code Duty of National Government Agencies in the Maintenance of Ecological Balance Section 27, Local Gov’t Code Prior Consultations Required
  62. 62. Section 28, Local Gov’t Code Power of Local Chief Executives over the Units of PNP
  63. 63. In the case of ANDAYA vs. RTC, PNP RD Andaya submitted a list of 5 eligibles not including the name of P/Chief Insp. Andres Sarmiento, to Mayor of Cebu City. Mayor Garcia wants the name of Sarmiento on the list. Andaya claims Sarmiento not qualified. SC held that, Mayor has no power to appoint, has only limited power of selecting, one from among list of eligibles to be named chief of police. Mayor cannot require Regional Director to include the name of any officer, no matter how qualified, in the list.
  64. 64. Section 29, Local Gov’t Code Provincial Relations with Component Cities and Municipalities Section 30, Local Gov’t Code Review of Executive Orders Section 31, Local Gov’t Code Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor
  65. 65. Section 32, Local Gov’t Code City and Municipal Supervision over their Respective Barangays Section 33, Local Gov’t Code Cooperative Undertakings among Local Government Units
  67. 67. Section 34, Local Gov’t Code Role of People's and Nongovernmental Organizations Section 35, Local Gov’t Code Linkages with People's and Non-Governmental Organizations Section 36, Local Gov’t Code Assistance to People's and Nongovernmental Organizations
  69. 69. Section 37, Local Gov’t Code Local Prequalification, Bids and Awards Committee Section 38, Local Gov’t Code Local Technical Committee