Please enable JavaScript.

Coggle requires JavaScript to display documents.

LOCGOV IV: INTERGOVERNMENTAL RELATIONS - Coggle Diagram

- - - - INTERGOVERNMENT RELATIONS
        
        PROVINCE SHALL ENSURE
        EVERY COMPONENT CITY & MUNICIPALITY ACTS WITHIN TERRITORIAL JURISDICTION
        ARTICLE III
        Inter-Local Government Relations
        Section 29. Provincial Relations with Component Cities and Municipalities. - The province, through the governor, shall ensure that every component city and municipality within its territorial jurisdiction acts within the scope of its prescribed powers and functions.
        
        REVIEW OF EXECUTIVE ORDERS:
        Section 30. Review of Executive Orders. -
        (a) Except as otherwise provided under the Constitution and special statutes, the governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction. The city or municipal mayor shall review all executive orders promulgated by the punong barangay within his jurisdiction. Copies of such orders shall be forwarded to the governor or the city or municipal mayor, as the case may be, within three (3) days from their issuance. In all instances of review, the local chief executive concerned shall ensure that such executive orders are within the powers granted by law and in conformity with provincial, city, or municipal ordinances.
        (b) If the governor or the city or municipal mayor fails to act on said executive orders within thirty (30) days after their submission, the same shall be deemed consistent with law and therefore valid.
        
        Section 31. Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. -
        In the absence of a municipal legal officer, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the latter, that of the provincial prosecutor on any legal question affecting the municipality.
        
        Section 32. City and Municipal Supervision over Their Respective Barangays. - The city or municipality, through the city or municipal mayor concerned, shall exercise general supervision over component barangays to ensure that said barangays act within the scope of their prescribed powers and functions.
        
        text
        Section 33. Cooperative Undertakings Among Local Government Units. - Local government units may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them.
        
        2 more items...
        
        INDEPENDENT OF PROVINCE
        
        HIGHLY URBANIZED CITIES
        
        INDEPENDENT COMPONENT CITIES
        Highly urbanized cities and independent component cities shall be independent of the province.
        
        RELATIONS WITH NGOs
        
        Section 39. Qualifications. -
        (a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
        (b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day.
        (c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.
        (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day.
        (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day.
        (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.
      - EXTENT OF LCE'S CONTROL SUPERVISION & CONTROL OVER POLICE FORCE IN RA 6975
        ARTICLE II
        Relations with the Philippine National Police
        Section 28. Powers of Local Chief Executives over the Units of the Philippine National Police. -
        The extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise known as "The Department of the Interior and Local Government Act of 1990", and the rules and regulations issued pursuant thereto.
      - RA 6975
        RA 8551
        
        The law provided for how professionals will be chosen. The Mayor of Cebu wanted more, beyond the requirements by the law.
        He was deprofessionalizing the police.
        [Salcedo II v. COMELEC, 312 SCRA 447 (1999)]
        
        SIR:
        Careful with the levels of appeal: NAPOLCOM board is a collegial one.
        Do not go straight to the Court of Appeals
    - - REQS TO IMPLEMENT PROJECT/PROGRAM:
        
        PRIOR CONSULTATION
        
        SANGGUNIAN'S APPROVAL
        Section 27. Prior Consultations Required. - No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained:
        
        NO EVICTION OF OCCUPANTS
        Provided, That occupants in areas where such projects are to be implemented shall not be evicted
        
        UNLESS APPROPRIATE RELOCATION SITES ARE PROVIDED
        unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.
        
        SIR: SANGGUNIAN APPROVAL or ORDINANCE IS REQUIRED
        
        SIR: WHY ORDINANCE?
        When there is an ordinance, upon 2nd then 3rd reading of the ordinance, the public can be involved. The public can participate and can be heard. (Sir commenting on why there is painful scrutiny on expropriation)
        
        RACQUEDANISM
        Any project/activity that will affect the life liberty and process of the constituents must undergo consultation.
        Sir cited due process tenements, saying "life, liberty, and property" as regards "due process."
      - Relate 26 & 27
        26 states some limitations
        GATMAITAN:
        If there is a need for consultation for anything, then go to Sec. 27; consult the LGU if any of these projects/activities are subject to consultation.
  - - - WHO ADMINISTERS WHO:
        
        PROVINCES: ADMINISTER
        a. CITIES & MUNICIPALITIES
        
        CITIES AND MUNICIPALITIES: ADMINISTER
        a. UNITS
        Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.
        
        IMPLIES:
        
        PROVINCES ARE MADE OF:
        a. CITIES & MUNICIPALITIES
        which are made of
        b. UNITS
      - NO MORE CONGRESS IN SUPERVISION
        As hereinabove indicated, the deletion of "as may be provided by law" was meant to stress, sub silencio, the objective of the framers to strengthen local autonomy by severing congressional control of its affairs, as observed by the Court of Appeals, like the power of local legislation.||| (Ganzon v. Court of Appeals, G.R. No. 93252, 93746 & 95245, [August 5, 1991], 277 PHIL 311-334)