LOCGOV - Miscellaneous and Final Provisions - Coggle Diagram
LOCGOV - Miscellaneous and Final Provisions
Penal Provisions - Sec. 511-520
Provisions for Implementation – Sec. 521-525
Transitory Provisions – Sec. 526-533
- Shall apply to all autonomous regions until they adopt their own LOGC.
Autonomous Regions and Special Areas
- Administrative powers.
Scope of Powers of the MMDA
- the powers of the MMDA are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration.
There is no syllable in R.A. No. 7924 which grants the MMDA police power, let alone legislative power.
Even the Metro Manila Council has not been delegated any legislative power.
No power to enact ordinances.
there is no grant of authority to
enact ordinances and regulations for the general welfare of the inhabitants of the metropolis
Thus, cannot open roads.
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Delegation of Powers to MMDA (MMDA v. Viron)
- While the President has the authority to cause the implementation of such a project, it cannot designate MMDA as the implementing agency thereof. This is because the DOTC is the primary administrative agency in charge of regulating transportation.
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Nature of CAR - Atitiw v. Zamora
CAR, as created by EO 220, is not the autonomous region contemplated in the Constitution. As such, it is NOT an autonomous regional government.
CAR envisions the consolidation and coordination of the delivery of services of line departments and agencies of the National Government in the areas covered by the administrative region.
Final Provisions Sec. 534-536
Degree of Autonomy (Limbona v. Mangelin,)
- Two types of autonomy:
territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays
There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippine
Applied to Autonomous Regions
- Autonomous government under the supervision of the National Government.
NOT autonomous of 2nd class i.e., subject alone to the decree of the organic act creating it and accepted principles on the effects and limits of "autonomy
Application of LGC
- The LGC should apply only to autonomous regions created after the effectivity of the 1991 LGC.
Posting and Publication Requirements (511) -
(a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks.
Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.
The secretary to the sanggunian concerned shall transmit ofﬁcial copies of such ordinances to the chief executive ofﬁcer of the Ofﬁce Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Ofﬁcial Gazette may publish ordinances with penal sanctions for archival and reference purposes.
(b) Any public ofﬁcer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the ﬁling of the appropriate civil or criminal action.
Section 512, Local Government Code Withholding of Beneﬁts Accorded to Barangay Ofﬁcials
Willful and malicious withholding of any of the beneﬁts accorded to barangay ofﬁcials under Section 393 hereof
shall be punished with suspension or dismissal from ofﬁce of the ofﬁcial or employee responsible therefor.
Failure to Post and Publish the Itemized Monthly Collections and Disbursements (513)
Failure by the local treasurer or the local chief accountant to post the itemized monthly collections and disbursements of the local government unit concerned within ten (10) days following the end of every month and for at least two (2) consecutive weeks at prominent places in the main ofﬁce building of the local government unit concerned, its plaza and main street, and to publish said itemization in a newspaper of general circulation, where available, in the territorial jurisdiction of such unit,
shall be punished by a ﬁne not exceeding Five hundred pesos (P500.00) or by imprisonment not exceeding one (1) month, or both such ﬁne and imprisonment, at the discretion of the court.
Engaging in Prohibited Business/Illegal Interest (514)
Any local ofﬁcial and any person or persons dealing with him who violate the prohibitions provided in Section 89 of Book I hereof,
Shall be punished with imprisonment for six (6) months and one (1) day to six (6) years, or a ﬁne of not less than Three thousand pesos (P3,000.00) nor more than Ten thousand pesos (P10,000.00), or both such imprisonment and ﬁne, at the discretion of the court.
Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat (515)
Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with a summons issued pursuant to the provisions on the Katarungang Pambarangay
may be punished by the city or municipal court as for indirect contempt of court upon application ﬁled therewith by the lupon chairman, the pangkat chairman, or by any of the contending parties.
Such refusal or willful failure to appear shall be reﬂected in the records AND shall bar the complainant who fails to appear, from seeking judicial recourse for the same cause of action, and the respondent who refuses to appear, from ﬁling any counterclaim arising out of, or necessarily connected with the complaint.
Violation of Tax Ordinances (516)
The sanggunian of a local government unit is authorized to prescribe ﬁnes or other penalties for violation of tax ordinances but in no case shall such ﬁnes be less than One thousand pesos (P1,000.00) nor more than Five thousand pesos
(P5,000.00), nor shall imprisonment be less than one (1) month nor more than six (6) months. Such ﬁne or other penalty, or both, shall be imposed at the discretion of the court.
The sangguniang barangay may prescribe a ﬁne of not less than One hundred pesos (P100.00) nor more than One thousand pesos (P1,000.00).
Omission of Property from Assessment or Tax Rolls by Ofﬁcers and Other Acts (517)
Any ofﬁcer charged with the duty of assessing real property who willfully fails to assess,
or who intentionally omits from the assessment or tax roll any real property which he knows to be taxable,
or who willfully or negligently underassesses any real property,
or who intentionally violates or fails to perform any duty imposed upon him by law relating to the assessment of taxable real property
shall, upon conviction, be punished by a ﬁne of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such ﬁne and imprisonment, at the discretion of the court.
Government Agents Delaying Assessments of Real Property and Assessment Appeals. (518) -
Any government ofﬁcial who intentionally and deliberately delays the assessment of real property or the ﬁling of any appeal against its assessment
shall, upon conviction, be punished by a ﬁne of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such ﬁne and imprisonment, at the discretion of the court.
Failure to Dispose of Delinquent Real Property at Public Auction (519)
The local treasurer concerned who fails to dispose of delinquent real property at public auction in compliance with the pertinent provisions of this Code, and any other local government ofﬁcial whose acts hinder the prompt disposition of delinquent real property at public auction
shall, upon conviction, be subject to a ﬁne of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or imprisonment of not less than one (1) month nor more than six (6) months, or both such ﬁne and imprisonment, at the discretion of the court.
Prohibited Acts Related to the Award of Contracts Under the Provisions on Credit Financing (520)
It shall be unlawful for any public ofﬁcial or employee in the provincial, city, or municipal government, or their relatives within the fourth civil degree of consanguinity or afﬁnity, to enter into or have any pecuniary interest in any contract for the construction, acquisition, operation or maintenance of any project awarded pursuant to the provisions of Title Four in Book II hereof, or for the procurement of any supplies, materials, or equipment of any kind to be used in the said project.
Any person convicted for violation of the provisions of said Title shall be removed from ofﬁce and shall be punishable by imprisonment of not less than one (1) month, nor more than two (2) years, at the discretion of the court, without prejudice to prosecution under other laws.