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LOCGOV - Part. IV - Political and Corporate Nature - Coggle Diagram

- - - - C. Authority to Negotiate and Secure Grants - LGC, Sec. 23
        
        D. Local Prequalification, Bids and Awards Committee - LGC, Sec. 37 - Committee is present in every province, city, and municipality.
        
        E. Local Technical Committee - LGC, Sec. 38 - Committee is present n every province, city and municipality
        
        Committee Members -
        
        ENGINEER - The provincial, city or municipal engineer,
        
        COORDINATOR - the local planning and development coordinator,
        
        OTHERS - such other ofﬁcials designated by the local prequaliﬁcation, bids and awards committee.
        
        CHAIRMAN - shall be designated by the local prequaliﬁcation, bids and awards committee and shall attend its meeting in order to present the reports and recommendations of the local technical committee.
        
        FUNCTION - to provide technical assistance to the local prequaliﬁcation, bids and awards committees
        
        Committee Members -
        
        GOVERNOR/MUNICIPAL MAYOR - Shall function as the chairman
        
        APPROPRIATIONS CHAIRMAN - The chairman of the appropriations committee of the sanggunian concerned;
        
        MINORITY REP - A representative of the minority party in the sanggunian concerned, if any, or if there be none, one (1) chosen by said sanggunian from among its members
        
        The local treasurer;
        
        NGO REP - Two (2) representatives of non-governmental organizations that are represented in the local development council concerned, to be chosen by the organizations themselves; and
        
        DESIGNATED CPA - Any practicing certiﬁed public accountant from the private sector, to be designated by the local chapter of the Philippine Institute of Certiﬁed Public Accountants, if any.
        
        Functions - primarily responsible for the conduct of prequaliﬁcation of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects
        
        Conduct of Meetings -
        
        AGENDA - The agenda and other information relevant to the meetings of such committee shall be deliberated upon by the committee at least one (1) week before the holding of such meetings.
        
        PLACE OF MEETING - All meetings of the committee shall be held in the provincial capitol or the city or municipal hall.
        
        POSTING OF MINUTES - The minutes of such meetings of the committee and any decision made therein shall be duly recorded, posted at a prominent place in the provincial capitol or the city or municipal hall, and delivered by the most expedient means to elective local ofﬁcials concerned.
        
        Commission on Audit Oversight - Representatives of the Commission on Audit shall observe the proceedings of such committee and shall certify that the rules and procedures for prequaliﬁcation, bids and awards have been complied with.
        
        Absence of PBAC Members (Bernardino v. People) - Absence of the 7 PBAC members did not necessarily eliminate the possibility that the rest of the members convened and carried out the public bidding with 4 participating bidders.
        
        Q. Form of authorization of the Sangguinan.
        
        For Sir, it should be an ordinance, as resolution merely expresses sentiments of the legislative body concerned.
        
        GR - Local chief executives may,negotiate and secure ﬁnancial grants or donations in kind, in support of the basic services or facilities from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any department, agency, or ofﬁce of the national government of from any higher local government unit:
        1a. Authorization - Upon authority of the sanggunian
        
        Approval by National Agency - Provided, That projects ﬁnanced by such grants or assistance with national security implications shall be approved by the national agency concerned:
        
        Period to Act - Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved.
        
        Required Report - Local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President.
      - Enumeration of Delegation (Sec. 17) -
        
        Barangays -
        
        Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations;
        
        Health and social welfare services which include maintenance of barangay health center and day-care center;
        
        Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;
        
        Maintenance of katarungang pambarangay;
        
        Maintenance of barangay roads and bridges and water supply systems;
        
        Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;
        
        Information and reading center; and
        
        Satellite or public market, where viable;
        
        Municipalities/Provinces -
        
        Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives; interbarangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves;
        
        Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects;
        
        Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control services, access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;
        
        Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services;
        
        Information services which include investments and job placement information systems, tax and marketing information systems, and maintenance of a public library;
        
        Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation;
        
        Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and other sports facilities and equipment, and other similar facilities;
        
        Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including but not limited to, municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities;
        
        Public markets, slaughterhouses and other municipal enterprises;
        
        Public cemetery;
        
        Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities; and
        
        Sites for police and fire stations and substations and municipal jail;
        
        Cities - same as municipalities and provinces, in addition to Adequate communication and transportation facilities;
      - Test for Validity of Public Expenditure Albon v. Fernando - Public funds for public purpose only. It is the essential;l character of the direct object of the expenditure that determines its validity, not the magnitude of the interests to be affected nor the degree to whichi the general advantage of the community. Thus, public welfare may be ultimately benefited by their promotion.
        
        Liability for Flooding - Sewerage, drainage; flood control part of basic services. However, liability attaches upon proof of failure to maintain drainage and sewerage, etc., in order to find liability on the part of the LGUs.
        
        Control: 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 latterSupervision: to see that subordinate officers perform their duties
    - - Proprietary Functions - Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the limitations provided in this Code and other applicable laws
      - Authority to Enter into Contracts -
        
        GR - , no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned
        
        XCPN - Unless otherwise provided by the LGC.
        
        Form of Authorization - No specific form specified. Standing question if ordinance or mere resolution.
      - Corporate Seals -
        
        LGUs may continue using, modify, or change their existing corporate seals
        
        Creation - New LGUs or those without seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government:
        
        Change - Any change of corporate seal shall also be registered as provided hereon.
    - - Determination of Character of Action (Torio v. Fontanilla) - basic element is beneficial to the public the undertaking may be, is that it is governmental in essence, otherwise the function becomes private or proprietary in character
      - LGC no longer distinguishes as regards liability bewteen Proprietary and corporate functions. Both liable regardless.
  - - - G. Eminent Domain (Sec. 19) - Refers to the right, or power of the State to appropriate private property for particular uses to promote public welfare.
        
        H. Reclassification of Lands (Sec. 20) - The act of specifying how agricultural lands shall be utilized for non-agricultural uses (Buklod Ng Magbubukid sa Lupaing Ramos v. E.M. Ramos)
        
        I. Closure and Opening of Roads (Sec. 21) - An LGU may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square within its jurisdiction
        
        Rationale - Generally, local roads used for public service are public property under the absolute control of Congress, but Sec 21 LGC grants LGUs some authority over them. This means LGUs must comply with the limitations prescribed by Congress, or else its actions are void.
        
        J. Liability for Damages (24) - Local government units and their officials are not exempt from liability for death or injury to persons or damage to property.
        
        Unlike the previous LGC, Sec 24 as worded does not restrict immunity from liability to the performance of ofﬁcial functions. It is unclear whether the framers intended to broaden the LGU’s liability beyond its proprietary acts.
        
        Civil Code Provisions on LGU Liabilities -
        
        Art 34, CC - Municipality or city is subsidiarily liable with a peace ofﬁcer who refuses or fails to render aid or protection to any person in case of danger to life or property
        
        Art 2180, CC - The State is vicariously liable for damage caused by its special agent
        
        Art 2189 - Provinces, cities and municipalities shall be liable for damages for death or injury of any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision.
        
        Contractual Liabilities -
        
        GR - LGU is liable only for contracts that are validly entered into
        
        XCPN - Doctrine of Implied Municipal Liability, an LGU may become obligated upon an implied contract to pay reasonable value of the beneﬁts accepted by it as to which it has the general power to contract (Province of Cebu v. IAC)
        
        1 more item...
        
        Tort Liability - Depends if governmental or, proprietary function. Liable only if exercising proprietary functions.
        
        Requisites for Permanent Closure -
        
        Adequate provision for public safety must be made
        
        Adequate substitute for the public facility that is subject to closure is provided
        
        May be properly used or conveyed for any purpose for which other real property may be lawfully used and conveyed; Provided, no freedom park shall be permanently closed without provisions on transfer to new site
        
        ⅔ votes of all members of the Sanggnuian
        
        Requisites for Temporary Closure -
        
        GR - Must also be via an ordinance.
        
        XCPN -
        
        For actual emergency, ﬁesta, celebration, public rallies, agricultural or industrial fairs, and highway telecommunications, and waterworks projects
        
        Duration of which shall be speciﬁed by the local chief executive in a written order
        
        Only for activities ofﬁcially sponsored, recognized, or approved by the LGU
        
        Local Roads - A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction:
        
        2 more items...
        
        Cases -
        
        Dacanay - The fact that flea market stalls specifically enumerated, means that specifically allowed provided that procedure followed.
        
        People mistakenyl cite this case that so long as street cannot be used for other cases. Sir: Erroneous, so long as you follow LGC requirements allowed.
        
        Cabrera - Something on reversion
        
        Firme - no longer good law
        
        Dacara
        
        Exception - Here, no ordinance requirement. Due to emergency.
        (c) Any national or local road, alley, park, or square may be TEMPORARILY closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order:
        Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.
        
        How Conducted - A city or municipality may, through an ordinance passed after conducting public hearings for the purpose, authorize the reclassiﬁcation of agricultural lands and provide for the manner of their utilization or disposition.
        
        Scope -
        
        The power granted to LGUs is not the power to convert land, but the power to reclassify land. Conversion is The act of changing the current use of a piece of agricultural land into some other use as approved by the DAR, whereas reclassification is The act of specifying how agricultural lands shall be utilized for non-agricultural uses[DanGat]
        
        Reclassiﬁcation also includes the reversion of non-agricultural lands to agricultural use.
        
        Grounds for Reclassification -
        
        When the land ceases to be economically feasible and sound for agricultural purposes
        
        Where the land shall have substantially greater economic value for residential, commercial, or industrial purposes
        
        In relation to Conversion -
        
        The LGU’s power to convert or reclassify lands to non-agricultural lands is not subject to the DAR’s approval. (Pasong Bayabas Farmers Association v. CA)
        
        However, reclassification and plans for expropriation will not ipso facto convert an agricultural property to residential, industrial, or commercial; DAR approval is still necessary to facilitate the conversion (Land Bank of the Philippines v. Livioco)
        
        2 more items...
        
        value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance:
        (1) For highly urbanized and independent component cities, fifteen percent (15%);
        (2) For component cities and first to the third class municipalities, ten percent (10%); and
        (3) For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657). otherwise known as "The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the conversion of such lands into other purposes shall be governed by Section 65 of said Act.
        
        Zoning Ordinance PAGTALINGHUG V. CA - Changes non-agricultural into other non-agricultural.
        
        Reclassification Ordinance - Reclassification of agricultural lands into non-agricultural purposes.
        
        Classification of Requirement of Conversion - To enable implementation of the CARP.
        
        Long standing practice before was for big landowenrs to reclassify via bribes. Now, national agency, harder to bribe??
        
        Sir Points:
        
        Reckoning Date of Effectivity of cARL - if prior, reclassified no longer agricultural. If after, need conversion.
        
        Difference between conversion and reclassification.
        
        As Exercised by LGUs - Delegated power, thus, can only exercise it when expressly authorized by the legislature and, within the bounds of such authority.
        
        Construction - Construed in favor of property owned and, against the state.
        
        Requisites for Exercise [Sec 19, LGC] - Four requisites
        
        Authorization - Through Chief Executive, acting through an ordinance
        
        Rejected Offer - Formal and definite offer IN WRITING, which was not accepted
        
        FMV Deposit - Determined at the time of taking, 15% of the FMV deposited to take immediate possession.
        
        Proceedings - That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.
        
        Eminent Domain. — A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the beneﬁt of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and deﬁnite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the local government unit may immediately take possession of the property upon the ﬁling of the expropriation proceedings and upon making a deposit with the proper court of at least ﬁfteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, ﬁnally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.
        
        Return of Properties - Subject tot he kind of title the expropriator acquires.
        
        If land is acquired for a particular purpose, with the condition that when the purpose is ended or abandoned, the property shall return to its former owner, the former owner shall reacquire the property upon the termination of the public use.
        
        If the expropriator acquires a fee simple title [absolute ownership of the land], the land becomes absolute property of the expropriator and the former owner retains no rights over the land. There is no implied contract that the properties will be used only for the public purpose for which they are acquired. (Air Transportation Ofﬁce v. Gopuco)
        
        Jurisdiction for Expropriation Suits (Brgy. San Roque v. Heirs of Pastor) - RTC Jurisdiction, regardless of the value of property as these are incapable of pecuninary estimation, being the exercise of government power to take private property.
        
        Issuance of a Writ of Possession - Issued upon concurrence of the following requisites:
        
        FILING - of a complaint for expropriation sufﬁcient in form and substance
        ● The sufﬁciency in form and substance of the complaint can be determined by examining its allegations. No hearing is required for the issuance of a writ of possession (City of Iloilo v. Legaspi)
        
        DEPOSIT - of the amount equivalent to 15% of the fair market value of the property to be expropriated based on its current tax declaration (Bardillon v. Masili)
        
        Effect of Delay in Filing of Expropriation Proceedings - Exemplary damages + attorney's fees to landowner if government takes possession for a prolonged period without properly initiating expropriation proceedings.
        
        Ordinance Requirement (Sps. Yusay v. CA) - The terms “resolution” and “ordinance” are not synonymous. An ordinance is a law, but a resolution is merely an opinion of a lawmaking body on a speciﬁc body. Ordinances are permanent, but resolutions are temporary. (Municipality of Paranaque v. V.M. Realty Corporation)
        
        Rationale of Ordinance - More scrutiny in the ordinance process, since ordinances are considered laws. Multiple readings required. In multiple readings, there is public participation in the ordinance.
        
        Requisite of Offer (JILCF v. Municipality of Pasig) - The condemnor must exhaust all reasonable efforts to obtain the land it desires by agreement. Failure to prove compliance with this requirement will result in the dismissal of the expropriation complaint.
        
        The offer must be complete, indicating clearly the kind of contract intended and deﬁnitely stating the essential conditions of the proposed contract.
        
        The offer must also be reasonable and made in good faith, not merely perfunctory or pro forma.
        
        Offer to buy shall be in writing, and must specify the property sought to be acquired, the reasons for its acquisition, and the price offered [Sec 35(a), IRR LGC]
        
        What Does Not Constitute Offer (JILCF v. Municipality of Pasig) -
        
        The annotation of a notice of lis pendens at the dorsal portion of the property owner’s title
        
        A declaration in one of the whereas clauses of the ordinance that “the property owners were already notiﬁed by the municipality of the intent to purchase the same for public use as a municipal road
        
        Just Compensation - Full and fair equivalent of the property taken from its owner by the expropriator.
        
        Under Sec 19 LGC, just compensation is based on the fair market value of the property at the time of the taking of the property. FMV is not encessarily market value as specified in the land's tax declaration, but determination of a board of commissioners. (City Govt. of Valenzuela v. Gatchalian)
        
        Special Laws Filstream International Inc v. CA - Note that the requirements under the LGC are non-exclusive, special laws may add requirements such as UDHA.
        
        Rationale for more Limited Power -
        
        More intended beneficiaries in the national scene
        
        More room for abuse if exercised by the delegates.
      - Nuisance - Any act, omission, establishment, business, condition of property, or anything else which:
        
        Injures or endangers the health, or safety of others
        
        Annoys or offends the senses
        
        Shocks, deﬁes, or disregards decency or morality
        
        Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
        
        Hinders or impairs the use of property [Art 694, CC]
        
        Kinds of Nuisance -
        
        Public Nuisance -> Affects a community or neighborhood, or any considerable number of persons, although the extent of the annoyance, danger or damage is unequal
        
        Private Nuisance -> A nuisance which doesn’t fall under the deﬁnition of public nuisance [Art 695, CC]
        
        Abatement of nuisance - LGUs have the power to abate any nuisances under RA 7160, whereas in previous laws, the word “any” was absent. It is unclear whether this change is intentional, and the SC has been reluctant to acknowledge such fact. [DanGat, citing Asilo Jr v. People]
        
        Procedure for Abatement -
        
        GR - LGUs cannot abate nuisance without judicial proceedings (Perez v. Sps Madrona).
        
        XCPN - Summary abatement is allowed in case of a nuisance per se, which are those that affect the immediate safety of persons and property. (Lucena Grand Terminal v. JAC)
        
        Case Examples - Dependent on location, things may be considered nuisance
        
        Gas Station
        
        Market Stalls
        
        Nuisance Per se v. Nuisances in General (Knights of Rizal v. DMCA) -
        
        “Nuisance per se” - "recognized as a nuisance under any and all circumstances, because it constitutes a direct menace to public health or safety, and, for that reason, may be abated summarily under the undefined law of necessity
        
        “Nuisance per accidens” - depends upon certain conditions and circumstances, and its existence being a question of fact, it cannot be abated without due hearing thereon in a tribunal authorized to decide whether such a thing in law constitutes a nuisance
    - - Requisites for Exercise of Police Power (Mosqueda v. Pilipino Banana Growers and Exporters Assn) -
        
        Lawful Subject (Equal Protection) - The interests of the public generally, as distinguished from those of a particular class, require its exercise
        
        Lawful Means(Due Process) - The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals
        
        Branches of General Welfare -
        
        Legislative Power - Authorizes the municipal council to enact ordinances and make regulations not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon it by law.
        
        Requirements of Validity of Ordinances (Mosqueda v. Pilipino Banana Growers)
        
        Formal Requirements -
        
        Enacted within the corporate powers of the local government unit, and
        
        Passed according to procedure prescribed by law
        
        Substantive Requirements - FG - ~CUPP
        
        It must be fair, not oppressive;
        
        It must be general and consistent with public policy
        NOT -
        
        CONTRAVENE - It must not contravene the Constitution or any statute;
        
        UNREASONABLE - It must not be unreasonable
        
        ~PARTIAL - It must not be partial or discriminatory;
        
        ~PROHIBIT - It must not prohibit but may regulate trade
        
        Police Power - Authorizes the municipality to enact ordinances as may be necessary and proper for the health and safety, prosperity, morals, peace, good order, comfort, and convenience of the municipality and its inhabitants, and for the protection of their property.
        
        Limitations on Exercise (Rural bank of Makati v. Municipality of Makati) -
        
        The General Welfare clause cannot be used to justify an act not authorized by law.
        
        The exercise must pass the test of a valid ordinance
        
        Police Power (People v. Gabriel) - must be distinguished from public funds for public welfare in Albon. If police power, may impair private property.
        
        Regulation Of Public Utiltiy in LGU (Batangas CATV) -
        
        National Agency - For that agency alone to regulate
        
        LGU - Aspect sof peratioon govenred byt he LGC such as setbacks, parking, zoning, clearance of employees,t rash, health certificates, etc., fall under the comeptence of the LGU.