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LOXGOV - XI - Local Fiscal Administration - LGUs, (NON-PUBLIC, LOCATION -,…

- - - - Municipality
        
        City
        
        Province
        
        Role and Creation – Sec. 459-462
        
        Officials – Sec 463-468
        
        Subprovince Constitution – Art. XVIII, Sec. 9 Sec. 462 - Existing sub-provinces are hereby converted into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the said subprovinces and the original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously with the national elections following the effectivity of this Code.
        
        Elective Officials -
        
        Governor,
        
        Vice-governor,
        
        members of the sangguniang panlalawigan,
        
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        Emergency Powers LGC 465(Kulayan v. Tan) - (vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;
        
        DOES NOT cover calling out powers of the president.
        
        Role of the Province - composed of cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government,
        
        serves as dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction.
        
        How Created -
        
        By an Act of Congress, and
        
        Subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected
        
        the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity unless otherwise provided.
        
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        Common Officials (Appointive) – Sec. 469-490
        
        LEAGUES OF LGUS – Sec 491-510 - The President has no power of control over the Liga, but he retains the power of supervision (acting through the DILG.
        
        Enumeration and Purpose - primary purpose of ventilating, articulating and crystallizing issues affecting city government administration, and securing, through proper and legal means, solutions thereto
        
        Liga ng mga Barangay
        
        Leauge of Municipalities
        
        League of Cities
        
        League of Provinces
        
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        Funding (505) - All leagues shall derive its funds from contributions of member local government units and from fund-raising projects and activities without the necessity of securing permits therefor.
        
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        Enumeration of Appointive Officials -
        
        Secretary
        
        Treasurer – Has an assistant treasurer that may be appointed by treasurer.
        
        Assessor – Has assistant assessor.
        
        Accountant - Installs and maintains an internal audit system , prepares and submits the financial statements.
        
        Budget Officer – Prepares, reviews, consolidates budget.
        
        Planning and Development Coordinator - Formulate integrated economic, social, physical, and other development plans and policies for consideration of the local government development council
        
        Engineer - Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the local government unit concerned;
        
        Health Officer - Take charge of the office on health services, supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the governor or mayor, as the case may be, in order to assist him in the efficient, effective and economical implementation of a health services program geared to implementation of health-related projects and activities;
        
        Civil Registrar - responsible for the civil registration program in the local government unit concerned, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.
        
        Administrator - management and administration-related programs and projects which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide for under this Code;
        
        Legal Officer - the chief legal counsel of the local government unit. Also represents the LGU in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity.
        
        Agriculturist
        
        Social Welfare and Development Officer
        
        Environment and Natural Resources Officer
        
        Architect
        
        Information Officer - providing the information and research data required for the delivery of basic services and provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;
        
        Cooperatives Officer - ensure the delivery of basic services and provision of facilities through the development of cooperatives, and in providing access to such services and facilities;
        
        Population Officer - carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to the integration of the population development principles and in providing access to said services and facilities;
        
        Veterinarian
        
        General Services Officer
        
        Role and Creation – 448-453
        
        Officials – Sec. 454-458
        
        Elective Officials -
        
        Mayor,
        
        Vice-mayor,
        
        Sangguniang panlungsod members
        
        Other Officials -
        
        city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, a city environment and natural resources officer, and a city cooperatives officer
        
        a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer.
        
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        Issuance of Mayor's Permit (Canet v. Dacena) - Issuance of a business permit and generally, other powers of a mayor are discretionary. Falling under the scope of administrative prerogatives.
        
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        Enforcement Duties of Mayor (SJS v. Atienza) - city mayor, to " enforce all laws and ordinances relative to the governance of the city." As the chief executive of the city, he has the duty to enforce Ordinance No. 8027 as long as it has not been repealed by the Sanggunian or annulled by the courts. It is his ministerial duty to do so.
        
        Role of the City - consisting of more urbanized and developed barangays
        
        general purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction.
        
        How Created -
        
        By an Act of Congress, and
        
        Subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected
        
        the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity unless otherwise provided.
        
        Requisites for Creation - A municipality or a cluster of barangays may be converted into a component city
        
        Income - (a) 100M annual income and any of either: AND either:
        
        Territory OR Population
        2a. Territory - contiguous territory of at least one hundred (100) square kilometers
        2b. Population - not less than one hundred fifty thousand (150,000) inhabitants
        
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        Effect of Conversion on Term Limits (Latasa v. COMELEC) - Conversion of a municipality into a city does not come with any territorial changes or substantial alterations, its local government posts are deemed to continue, for the purposes of calculating terms of ofﬁce.
        
        Role and Creation – Sec 440-442
        
        Officials and Offices – Sec 443-447 -
        1.
        
        Elective Officials -
        
        Municipal mayor,
        
        Municipal vice-mayor
        
        Sangguniang Bayan Members
        
        Appointive Officials - Mayor may appoint the following:
        
        municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer
        
        Manner of Appointment - Generally, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the sangguniang bayan members, subject to civil service law, rules and regulations
        
        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.
        
        Role - Consists of a group of barangays.
        
        General purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction
        
        How Created -
        
        Act of Congress and
        
        Subject to the approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected.
        
        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.
        
        Requisites for Creation -
        
        Apparently valid law under which the corporation may be formed;
        
        Attempt in good faith to organize the corporation;
        
        Colorable compliance with law; and
        
        Assumption of corporate power
        
        Collateral Attacks - Similar to De Facto Corporations.
        
        Collateral attacks of the legal personality of a de facto municipal corporation are not allowed. The action to attack its personality is reserved to the state in a proceeding for quo warranto or any other direct proceeding
        
        Exception -
        
        When the municipality is not de facto
        
        When the existence of the corporation has been ratiﬁed [Benosa]
      - Roles and Creation 384-386
        
        Officials and Offices 387-398 -
        
        Katarungang Pambarangay 399-422,515
        
        Sangguniang Kabtaan 423-439
        
        Hold-Over Terms (Sambarani v. COMELEC)-
        
        Petitioners can legally remain in office as barangay chairmen of their respective barangays in a hold-over capacity. They shall continue to discharge their powers and duties as punong barangay, and enjoy the rights and privileges pertaining to the office.
        
        True, Section 43(c) of the Local Government Code limits the term of elective barangay officials to three years. However, Section 5 of RA 9164 explicitly provides that incumbent barangay officials may continue in office in a hold over capacity until their successors are elected and qualified.
        
        **AMENDED AGE Requirement - at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections
        
        Lupong Tagapamayapa - Present in every barangay. Exercises the following funcitons (402)
        
        (a) Exercise administrative supervision over the conciliation panels provided herein;
        
        (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and
        
        (c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
        
        Conciliation Panel (404) - known as the pangkat ng tagapagkasundo. Responsible for handling conciliation proceedings.
        
        Subject Matter for Amicable Settlement (408) -
        
        GR - lupon has authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes.
        
        XCPN -
        
        GOVERNMENT - (a) Where one party is the government, or any subdivision or instrumentality thereof;
        
        (b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
        
        (c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);
        
        (d) Offenses where there is no private offended party;
        
        (e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
        
        (f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
        
        (g) Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.
        
        The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement.
        
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        Requirement of Conciliation (412) -
        
        GR - No court proceeding on matters within jurisdiction of lupon may be filed directly unless there has been a mediation/conciliation/settlement proceeding.
        
        XCPN -
        
        (1) Where the accused is under detention;
        
        (2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
        
        (3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite; and
        
        (4) Where the action may otherwise be barred by the statute of limitations.
        
        Waiver of Objection - Objection on the ground of failure to undergo conciliation proceedings should be raised immediately when it becomes apparent. Otherwise, you would be deemed to have waived
        
        Officials -
        
        Chief Executive - (Punong Barangay)
        
        7 SB Members
        
        sangguniang kabataan chairman,
        
        Persons in Authority -
        
        Punong Barangay
        
        SB Members
        
        Members of the Lupong Tagapamayapa
        
        Appointive Officials - Appointed by the Punong barangay.
        
        Barangay secretary - With concurrence of majority of SB Members.
        
        Barangay treasurer. - With concurrence of majority of SB Members.
        
        Other Appointive officials -
        
        Replacement of Appointive Officials (Alquizola v. Ocol) - The Code explicitly vests on the punong barangay, upon approval by a majority of all the members of the sangguniang barangay, the power to appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials.
        
        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.
        
        How Created (385) -
        
        By an ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod,
        
        Subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said Barangay.
        
        In the case of the creation of Barangays by the Sangguniang Panlalawigan, the recommendation of the Sangguniang Bayan concerned shall be necessary.
        
        Requisites for Creation -
        
        Population - 2,000 inhabitants
        
        XCPN - HUCCs, 5,000 inhabitants.
        
        Territorial Contiguity
    - - Conversion of Land and Impairment of Contracts (BF Homes v. Mayor of Manila) -
        
        The Court has upheld in several cases the superiority of police power over the non-impairment clause.The constitutional guaranty of non-impairment of contracts is limited by the exercise of the police power of the State, in the interest of public health, safety, morals and general welfare.
        
        In Ortigas & Co., Limited Partnership v. Feati Bank and Trust Co.,the Court held that contractual restrictions on the use of property could not prevail over the reasonable exercise of police power through zoning regulations.
  - - - Disbursement and Accountability – Sec. 335-354
        
        Property and Supply Management – Sec. 355-383
        
        Sec. 336 - Transfer for another use is malversation.
        
        Failure to object in writing to illegal disbursement leads to solidary liabiltiy with the mayor.
        
        GSIS v. Province of Tarlac - Sec. 381 of the LGC does not expressly prohibit or declare void such transfers if an appraised valuation from the local committee on awards is not first obtained.
        
        Thus, transfer of real property by a local government unit to an instrumentality of government without first securing an appraised valuation from the local committee on awards is not one of the void ,
        
        Sison v. People -
        
        GR - LGC Sec 356 provides that “acquisitions of supplies by LGUs shall be thru competitive bidding”
        
        XCPN - No bidding under the ff circumstances:
        
        Personal canvass of responsible merchants
        
        Emergency purchase
        
        Negotiated purchase
        
        Direct purchase from manufacturers or exclusive distributors; and
        
        Purchase from other government entities
        
        Authority to Disbusrse - Atienza v. Villarosa, - LGC vests upon the Vice-Governor the power to be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the provincial treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan.
        
        Vice-Governor, as the presiding officer of the Sangguniang Panlalawigan, has administrative control of the funds of the body.
        
        Since it is the Vice-Governor who approves disbursement vouchers and approves the payment for the procurement of the supplies, materials and equipment needed for the operation of the Sangguniang Panlalawigan, then he also has the authority to approve the purchase orders to cause the delivery of the said supplies, materials or equipment.
        
        Quisumbing v. Garcia, -
        
        General Authority to Disburse -
        
        GR -Prior authorization from local chief exec is separate from ordinance which requires disbursement under Sec. 306/346 of the LGC.
        
        XCPN - Ordinance provision which:
        
        covers the expense to be incurred or the contract to be entered into,
        
        or if it already contains in sufficient detail the project and cost of a capital outlay
        
        such that all that the local chief executive needs to do after undergoing the requisite public bidding is to execute the contract, no further authorization is required, the appropriation ordinance already being sufficient.
        
        Should the appropriation ordinance describe the projects in generic terms, such as "infrastructure projects," "reclamation projects" or "roads and bridges," there is an obvious need for a covering contract for every specific project that in turn requires approval by the sanggunian
        
        Specific sanggunian approval may also be required for the purchase of goods and services which are neither specified in the appropriation ordinance nor encompassed within the regular personal services and maintenance operating expenses