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LOCGOV - Week 1 - HISTORICAL DEVELOPMENT, NATURE, LEGAL REGIMES, AND BASIC…

- - - - C. First Philippine Republic
        
        Malolos Constitution - Title XI, Article 82
        
        D. American Period
        
        American Occupation
        
        General Order No. 43, Series of 1899
        
        Instruction to the Philippine Commission, 7 April 1900
        
        Act No. 82 (organization of municipalities)
        
        Act No. 83 (organization of the provinces)
        1935 Constitution
        
        E. Philippine Republic
        
        Republic Act No. 2264 (Local Autonomy Act) [1959]
        
        Republic Act No. 3590 (The Barrio Charter) [1963]
        
        Republic Act No. 5185 (Decentralization Act) [1967]
        
        F. Martial Law Years and the 1973 Constitution
        
        Integrated Reorganization Plan, Art. XVII, Local Government and Community Development [1972]
        
        1973 Constitution, Sec. 10
        
        Batas Pambansa Blg. 337 (Local Government Code) [1983]
        
        G. 1987 Constitution up to the present
        
        Republic Act No. 7160 (Local Government Code of 1991)
      - Start of deconcentration, from governor-general, to alkalde - Pubelos - Baranggays
        
        LGC of 1991 divisions reproduce this. Baranggay --> City --> Municipality --> provinces. Vestiges of the Spanish Regime
      - Baranggay
        
        Municipality
        
        City
        
        Province
  - - - B. Accountability - LGC, Sec. 2 (b) -
        
        C. Consultation - LGC, Sec. 2 (c)
        
        (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.
        
        (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum.
      - D. Basic Principles (Constitution, Art. X, Secs. 1, 3, 11, 12 LGC, Secs. 3)
        
        E. Rules of Interpretation - Sec. 5, LGC
        
        F. Effectivity - LGC, Sec. 5 (d), 536
        
        Repealing Clause Evardone v. COMELEC - Article XVIII, Section 3 of the 1987 Constitution expressly provides that all existing laws not inconsistent with the 1987 Constitution shall remain operative, until amended, repealed or revoked. RA 7160 or LGC of 1991, approved by the President on Oct 10, 1991 specifically repeals BP 337 (old LGC), as provided in Sec. 534. However, LGC of 1991 takes effect on Jan 1, 1992. Thus, the old LGC (BP 337) is still the law applicable to the present case.
        
        Residual Jurisdiction Secretary of Health v. CA - Since jurisdiction has been acquired by the Secretary of Health over the person of private respondent before the effectivity of the Local Government Code on January 1, 1992, it continues until the final disposition of the administrative case
        
        rule: jurisdiction once acquired by a court over a case remains with it until the full termination of the case, unless a law provides the contrary
        
        January 1 1992, - Reckoning point for curative provision int eh LGC.
        
        City of Ozamis vs. Lumapas, G.R. No. L-30727, July 1975, 160 Phil 33 (1975)
        Greater Balanga Development Corporation vs. Balanga, 239 SCRA 436 (1994)
        Magtajas v. Pryce Properties Corp., Inc., 234 SCRA 255 (1994
        
        (a) Interpretation in favor of Devolution - Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned;q
        
        (b) Principles of Tax Interpretation -
        A. GR - In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local government unit enacting it, and liberally in favor of the taxpayer.
        B. XCPN Any tax exemption, incentive or relief granted by any local government unit pursuant to the provisions of this Code shall be construed strictly against the person claiming it.
        
        (d) Law in force at Time of Vesting - Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of presentation involving a local government unit shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested; and
        
        (e) Supplementary Customs/Traditions - In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place.
        
        (c) General Welfare - The general welfare provisions in this Code shall be liberally interpreted to give more powers to local government units in accelerating economic development and upgrading the quality of life for the people in the community;
        
        Test for a Valid Ordinance (Magtajas v. Pryce Properties Corp.) - CUUPP-G
        
        CONTRAVENE - It must not contravene the constitution or any statute.
        
        UNREASONABLE - It must not be unreasonable
        
        UNFAIR - It must not be unfair or oppressive.
        
        PARTIAL - It must not be partial or discriminatory.
        
        PROHIBIT - It must not prohibit but may regulate trade.
        
        GENERAL - It must be general and consistent with public policy.
        
        Local Government Code - Enacted pursuant to Sec 3, Art X of the 1987 Constitution; it has been described as a “revolutionary" solution to the highly centralized character of Philippine government.
        
        Seeks to implement:
        
        A system fo decentralization of administration
        
        as well as provides for an increase in the taxing power of LGUs and an increase for the national tax share of LGUs.
        
        Scope of Application (LGC Sec. 4) - apply to all provinces, cities, municipalities, barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to ofﬁcials, ofﬁces, or agencies of the national government
      - Ganzon v. Court of Appeals, 200 SCRA 271 (1991)
        Pimentel, Jr. v. Aguirre, 336 SCRA 201 (2000)
        Disomangcop v. Datumanong, 444 SCRA 203 (2004)
        Pimentel, Jr. v. Ochoa, 676 SCRA 551 (2012)
        Demaala v. COA, 750 SCRA 612 (2015)
        
        Policy as Regards LGUs - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.
      - Definition of Decentralization (Disomangcop v. Datumanong) - A decision by the central government authorizing its subordinates, whether geographically or functionally defined, to exercise authority in certain areas, usually involving decision-making by sub-national units. Autonomy under the Constitution refers to decentralization.
        
        Kinds of Autonomy - Under the LGC, there is a decentralization of administration.
        
        Decentralization of Administration/Deconceentration - Occurs when the central government delegates administrative powers to political subdivisions in order to make it more responsive
        
        Decentralization of Power/Devolution - abdication of political power in favor of LGUs declared to be autonomous regions, making the latter no longer accountable to the national government, but to its constituency (Ganzon v. CA)
        
        Devolution (LGC 17e) - The act by which the national government confers power and authority upon the various local government units to perform speciﬁc functions and responsibilities. This connotes the transfer of powers, responsibilities, and resources for the performance of certain functions from the central government to LGUs
        
        (e) National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.
        
        Distinguished from Federalism - Federalism implies some measure of decentralization, but not exclusive to it. Unitary systems may decentralize.
        
        The difference is that in decentralization, the sub-units that have been authorized to act do not possess any claim of right against the central government (Tano v. Socrates)
        
        Autonomy, however, is not meant to end the relation of partnership and interdependence between the central administration and local government units, or otherwise, to usher in a regime of federalism (Ganzon v. CA)
        
        Purpose (Disomangcop v. DPWH) - Devolution grants greater autonomy to LGUs in cognizance of their right to self-government, to make them self-reliant, and to improve their administrative and technical capabilities.
        
        Local Autonomy (CONST Art. II, Sec. 25) -
        
        The Code accomplishes more than mere deconcentration of functions-it mandates the devolution of services to local government units [DanGat]
        
        Local autonomy means less reliance upon national government and increased reliance upon internally generated resources, or resources jointly generated with other institutions [Brillantes]
        
        Supervision (Ganzon v. CA) - Local autonomy, under the Constitution, involves a mere decentralization of administration, not of power, in which local officials remain accountable to the central government in the manner the law may provide.
        
        Scope of Supervision (Pimentel, Jr. v. Aguirre) -
        
        President may see to it that LGUs and their officials execute their tasks in accordance with law. While he may issue advisories and seek their cooperation in solving economic difficulties, he cannot prevent them from performing their tasks and using available resources to achieve their goals.
        
        He may not withhold or alter any authority or power given them by the law. Thus, the withholding of a portion of internal revenue allotments legally due them cannot be directed by administrative fiat
        
        Local Fiscal Autonomy (Republic v. Provincial Govt of Palawan) - The power of LGUs to create their own sources of revenue in addition tot heir equitable share in national taxes as well as power to allocate their resources in accordance with their own priorities.
        
        Scope - extends to the preparation of their budgets, and local ofﬁcials in turn have to work within the constraints thereof. They are not formulated at the national level and imposed on local governments, whether they are relevant to local needs and resources or not (Pimentel v. Aguirre)
        
        Does not however, preclude national governemnt intervention by way of supervision. (Pimentel v. Aguirre)
        
        Sources of LGU Funds -
        
        Taxes, fees, and charges which accrue exclusively for their use and disposition
        
        Just share in national taxes which shall be automatically and directly released to them
        
        Equitable share in the proceeds from utilization and development of national wealth and resources within their territorial jurisdiction [Sec 18, LGC]
        
        Control vs supervision:
        
        Control: The 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 or authority of an officer to see that subordinate officers perform their duties.
        
        Emphasis on Autonomy still being subject to supervision.
        
        Distinguished from Federalism -
        
        Decentralization is a decision by the central government authorizing its subordinates, whether geographically or functionally defined, to exercise authority in certain areas. It involves decision-making by subnational units. It is typically a delegated power, wherein a larger government chooses to delegate certain authority to more local governments.
        
        Federalism implies some measure of decentralization, but unitary systems may also decentralize. Decentralization differs intrinsically from federalism in that the sub-units that have been authorized to act (by delegation) do not possess any claim of right against the central government
    - - A. Creation and Conversion (LGC Sec. 7) - GR, creation/Conversion of LGU from one level to another shall be based on verifiable indicators of viability and projected capacity to provide services
        
        Requirements - Must be Income + (Population OR Land Area)
        
        Income - Must be sufﬁcient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned;
        
        Income Considered - Income accruing to the general fund (average annual income), exclusive of special funds, transfers, and non-recurring income
        
        Component Cities - Those created under RA 9009 requires that locally generated revenue of atleast P100M
        
        Population/Land Area -
        
        Population
        
        Land Area
        
        Land Territory - must be:
        
        Contiguous,
        
        Properly identiﬁed by metes and bounds with technical descriptions; and
        
        Sufﬁcient to provide for such basic services and facilities to meet the requirements of its populace
        
        Adjacent v. Contiguous (Navarro v. Ermita) - " Contiguous" and/or "adjacent" means "adjoining, nearby, abutting, having a common border, connected, and/or touching along boundaries often for considerable distances.
        
        This case expanded the island exception to include provinces, not just municipality and cities.
        
        Exception to Contiguity - Unless:
        
        it comprises of two or more islands or
        
        is separated by an LGU independent of the others;
        
        Identification of metes and Bounds Mariano, Jr. v. COMELEC - Purpose of law in requiring boudnaries is to avoid evil of uncertainty int he exercise of governmental powers. If law clearly states scope of territory, no need for providing exact metes and bounds.
        
        Population - Population shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government.
        
        Legislative Districts (Aldaba v. COMELEC) - Must have more than 250,000 inhabitants to be entitled to one Congressional representative.
        
        Condition Sine Qua Non - 250k must be obtained BEFORE a new legislative district, before a rep for that district may be elected. No subsequent population increase allows for new representative.
        
        Population Requirement for Representatives (Aquino III v. COMELEC) - No need for additional 250k for new representatives in Congress.
        
        Plainly read, Section 5(3) of the Constitution requires a 250,000 minimum population only for a city to be entitled to a representative, but not so for a province.
        
        Furthermore, while this Section requires a city to have a minimum population of 250,000 to be entitled to a representative, it does not have to increase its population by another 250,000 to be entitled to an additional district.
        
        Barangays - No requirement of following land area.
        
        General Requisties -
        
        Enacting law or ordinance [Sec 6, LGC]
        
        Income
        
        Population
        
        Land area
        
        Attestation by the DOF, PSA and LMB of the DENR of the indicators [Sec 7, LGC]
        
        Plebiscite [Sec 10, LGC]
        
        LGUS -
        
        Autonomous Regions - Different form of creation than normal LGCs. Procedure under Art. X, Sec;. 18 of the Constitution. Requires the ff:
        
        Regional Consultative Commission
        
        Organic Act
        
        Plebiscite - For approval of the organic act.
        
        Province/Cities
        
        Role and Creation – 448-453
        
        2 more items...
        
        Role and Creation – Sec. 459-462
        
        1 more item...
        
        **Barangay Roles and Creation 384-386**
        
        Role of the Barangay 384 - Basic Political Unit.
        
        primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.
        
        1 more item...
        
        Requisites for Creation -
        
        Population - 2,000 inhabitants
        
        XCPN - HUCCs, 5,000 inhabitants.
        
        Territorial Contiguity
        
        **Municipality Role and Creation – Sec 440-442**
        
        Requisites for Creation -
        
        Average Annual Income - P2.5M for the last 2 consecutive years
        
        Average annual income shall include the income accruing to the general fund of the municipality concerned, exclusive of special funds, transfers and non-recurring income
        
        Population - 25,000 inhabitants
        
        Territory - Contiguous territory of at-least 50 square kilometers.
        
        XCPN - The requirement on land area shall not apply where the municipality proposed to be created is composed of one (1) or more islands.
        
        2 more items...
        
        De Facto Municipal Corporations - Formed when there is defect in the creation of a municipal corporation but its legal existence has been recognized and acquiesced publicly and ofﬁcially.
        
        1 more item...
        
        II. Local Government Units
        
        Barangay
        
        2 more items...
        
        Garvida v. Sales - Computation of age of elective officials. Tl;dr if 21, pwedeng 21 and 11 months.
        
        The member may be more than 21 years of age on election day or on the day he registers as member of the Katipunan ng Kabataan.
        
        The elective official, however, must not be more than 21 years old on the day of election.
        
        2.
        
        1 more item...
        
        Certification Requirements - Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR).
        
        Form of Attestation (Samson v. Aguirre) - Can be done by oral manifestations during senate hearings.
        
        B. Division and Merger (LGC 8) - Must comply with the same requirements prescribed for the creation of an LGU.
        
        C. Abolition (Sec. 9) -An LGU may be abolished: when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation as certified by the national agencies concerned to the Congress or the sanggunian.
        
        D. Plebiscite (LGC 10) -A plebiscite is required when an LGU is:
        
        created,
        
        divided,
        
        merged,
        
        abolished, or
        
        its boundaries substantially altered
        
        Conversion - such as city to highly urbanized city
        
        Downgrading - Independent component city to a component city
        
        E. Selection and Transfer of Government Offices and Naming Rules - LGC, Sec. 11-13
        
        Selection and Transfer of LGU Site, offices and Facilities (Sec. 13) -
        
        4 more items...
        
        Period for Establishing Seat Samson v. Aguirre - A law creating a city which has it failed to specify a seat of government is still valid.
        
        A city can establish a seat after its creation.
        
        DanGat: A plebiscite is required for all conversions, including downgrading of status, so long as
        they result in a material change in the local government unit directly affected, especially a change
        in the political and economic rights of its people
        
        Conversion into Municipal City (Miranda v. Aguirre) - Must also be subject to a plebiscite.
        
        Who Participates -
        
        Entities - The political unit or units directly affected. This refers to the residents of the political entity who would be economically dislocated by the separation of a portion thereof.
        
        HUCCs - For conversion of a component city into a highly urbanized city, all the qualiﬁed voters of the province should participate in the plebiscite. HUCs are independent from the province they are located, so all the residents in the province will be directly affected (Umali v. COMELEC)
        
        By Whom Conducted (LGC 10) -
        
        GR - by the COMELEC within 120 days from the date of effectivity of the law or ordinance, unless said law or ordinance ﬁxes another date
        2. XCPN (CAGAS v. COMELEC) - COMELEC has residual power to conduct a plebiscite even beyond the deadline prescribed by law.
        
        2 more items...
        
        When Not Required (Bagabuyo v. COMELEC) -
        
        Legislative Districts -
        1a. Legislative districts are not political subdivisions through which functions of the government are carried out
        1b. - A district does not act for and on behalf of the people comprising it but merely delineates the areas occupied by the people who will choose a representative in their national affairs
        1c. The role of the elected congressman is to ensure that the voice of the people of the district is heard in Congress, not to oversee the affairs of the legislative district
        1d. Legislative districts have no legal personality that must be created or dissolved, and thus have no capacity to act.
        
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        By Whom Abolished - By law or ordinance, depending on who abolishes.
        
        Congress - Abolition may be done by Congress in the case of a province, city, municipality, or any other political subdivision
        
        Sanggunian - For barangays, except in Metropolitan Manila area and in cultural communities, it may be done by the Sangguniang Panlalawigan or Sangguniang Panlungsod concerned, subject to the mandatory requirement of a plebiscite in the political units affected (Sultan Usman Sarangani v. COMELEC)
        
        Automatic Abolition/Ghost Barangay - The fact that nobody resides in an LGU does not result in its automatic cessation. The Congress or the sanggunian concerned must pass a law or an ordinance for the abolition of such LGU, subject to the mandatory requirement of a plebiscite (Sultan Usman Sarangani v. COMELEC)
        
        COMELEC Jurisdiciton (Cram v. COMELEC) -
        
        If ministerial power of COMELEC, then RTC may review.
        
        Scope of Ministerial Power (Salva v. Makalintal) - Held that the issuance of rules and regulations for the conduct of plebiscite is a ministerial duty.
        
        But, if final order, SC. Takeaway here is two major requirements, law and ordinance / and plebiscite.
        
        RESULTING MERGER: The law or ordinance abolishing an LGU must specify the p, c, m, or b with which the LGU sought to be abolished will be incorporated or merged
        
        Limitations on Division - That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code.
        
        Conversion Into Component City (Cawaling, Jr. v. COMELEC ) - Governed by Sec. 450 of the LGC. Here, A municipality or a cluster of barangays may be converted into a component city
        
        Effect of Merger - Merger need not change it into a different unit i.e., barangay x barangay need not turn the merged LGU into a municipality. Nevertheless, subjected to the requirements of the LGU. Such that if it passes threshold for other units turns that into another LGU. For example, Barangay + Barangay --> Threshold of City --> Now qualified into a city.
        
        Income Classification - Provided, further, That the income classification of the original local government unit or units shall not fall below its current classification prior to such division.The income classification of local government units shall be updated within six (6) months from the effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues as provided herein.
        
        Effect of Conversion on Incumbent Officials (Latasa v. COMELEC) - While creation of a new city means new corporate existence distinct from the component municipalities, the 3-term rule applies for local government offices previously held.
        
        De Facto and De Jure Corporations
        
        Requirements of Applied to Islands (Navarro v. Ermita) - Island provinces have less requirements than LGCs.
        
        Redistricting (Aquino) - Population of 250,000 not sole factor to be considered in redistricting. Factors such as language, religion, etc., may be considered.
        
        Cities v. Provinces -
        
        Cities - must meet 250k minimum population to be entitled to a representative
        
        Provinces - Art. VI, Sec. 5(3) of the Constitution does not require minimum 250k, also no need for additional 250k for additional representatives.
        
        How Created (Sec. 6) -
        
        By Law - ALL other political subdivisions, except for Baranggays
        
        By Ordinance - Baranggays may be created by city/province ordinance, located within their respective territorial jurisdiction.
        
        Nature of Power - The power to create municipalities is a legislative power. Congress can delegate to local legislative bodies the power to create local government units, subject to reasonable standards and provided no conﬂict arises with any provision of the Constitution (Sema v. COMELEC)
        
        Improper Delegations -
        
        The President - The power to create LGUs is inherently legislative, and to grant the President the power to create or abolish municipal corporations would allow him to exercise over LGUs the power of control denied to him by the Constitution. Here, president may not create event the smallest political unit i.e., barrios, therefore create bigger is not allowed. (Pelaez v. Auditor General)
        
        Power to Create Provinces -Power to create provinces cannot be delegated. Sec 19, Art VI of RA 9054 is unconstitutional insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities. Congress’ delegation of the power to create a province includes the creation of a legislative district, which is unconstitutional, since legislative districts may be created or reapportioned only by an Act of Congress (Sema v. COMELEC)
        
        Barangay (LGC 385) - May be created by law OR ordinance.
        
        Being a plenary power, COngress may create LGUs even int he absence of an LGC. Power is plenary. Compliance with standards under LGC only for delegated power. (Torralba)
        
        Political Subdivisions (Abbas v. COMELEC) - Does not cover administrative regions or legislative districts, as these are not territorial nor political subdivisions.