I.

HISTORY AND EVOLUTION OF LOCAL GOVERNMENT UNITS

A. In General
B. Pre-Spanis Ti!es
". # Te S$!a%&el C'(e
In 1212, after fleeing from the oppressive regime of Datu Makatunaw in Borneo, 10 datus set up their own tribal
colonies in the Visaan Islands! "ne of them, Datu #umakwel, established on the Island of $ana the %onfederation of
Madiaas and its constitution, the %ode of Maragtas or the %ode of #umakwel! &he %ode of #umakwel was considered
among the first 'ilipino laws enacted before the $re()ispanic times! It consisted of 10 articles, mainl focusing on
punishment for la*iness!
+n +merican historian, $aul Morrow debunks the #umakwel %ode as nothing more than the product of ,uillermo
%uino-s imagination! %uino was the first person to write about the %ode #umakwel in an essa in 1./. wherein he
claimed to have translated the %ode from an ancient 'ilipino document! )owever, %uino presented no other proof other
than his dubious essa! 0evertheless, $aul Morrow laments, much of the 'ilipino education sstem to this da still
preaches the #umakwel %ode as gospel historical truth!
". ) Te C'(e '* +alan,ia&
Datu 1alantiaw was among the ancient Visaans who built a kingdom with its own tribal code known as the %ode
of 1alantiaw, supposedl around 11/0! It contains 1. articles, which consists mainl of punishment for criminal acts
ranging from the traditional ones such as homicide, theft and nonpament of debts to the bi*arre and superstitious such
as disrespect for revered trees or killing black cats during the new moon! &he %ode of 1alantiaw also has feudalistic
overtones such as obligating those with the beautiful daughters to give them up to the sons of chiefs as well as providing
special punishment for those who commit particular crimes against the tribal headmen as stated in the %ode!
$unishments for the crimes stated in the %ode are cruel b toda-s standards2 for e3ample, those who sing while
traveling b night are beaten for two das while those who commit homicide and theft are condemned to death b being
drowned in the river or in boiling water!
In 145., 6illiam )enr #cott, another +merican historian revealed the %ode of 1alantiaw as an outright hoa3
perpetuated b forger 7ose Marco! Marco gave the $hilippine 8ibrar and Museum as ancient document claiming to be
the %ode of 1alantiaw in 1412! &he supposed %ode and Marco-s claims on how he obtained the ancient document had
too man discrepancies and anomalous reference to historical facts that could not have e3isted during the time of the
%ode-s supposed e3istence! "nl recentl have a few historians such as #onia M! 9aide regarded the %ode as a fraud
but, as $aul Morrow sas, the lie still lives on!
C. Te Spanis Era
-. # Har,. /. M$n '* Vi-,'ria #0 Pil. #1)
Fa-,s: Monsignor )art, an archbishop of the ;oman %atholic %hurch based in Manila, claims that his parish
owns the pla*a located in the municipalit of Victoria, &arlac, claiming to be in peaceful possession of it for more than 50
ears up to 1401! &he defendant municipalit replied that Victoria was constituted into a town in 1.// and that the parish
of &arlac was established man ears afterwards2 therefore the latter cannot claim title to the pla*a! <vidence seemed to
show that the original owner, %asimiro &anedo, of the land wherein the pla*a is located, donated said land to the church
in general and not to the town curate, since a permanent curate was not appointed in Victoria until 1.5=! )owever, from
the moment the town was created, both the town curate and the townspeople have en>oed free access of the pla*a! #till,
Monsignor )art claims the parish of &arlac owns the pla*a on the grounds of 1? prescription and 2? that the act of the
curates and the gobernadorcillos of planting fruit trees and plants on the pla*a constituted private ownership!
Hel(: Monsignor )art-s contentions are incorrect! ;easons:
1! It was a $hilippine custom then that upon the establishment of a new town, a large tract of land is alwas
reserved in its center for the creation of a pla*a! Before Victoria became a town it was a mere barrio! It must be assumed
that the principal residents of Victoria wanted to have a public pla*a should their barrio be converted into a town!
&herefore, even before Victoria became a town, the land now in dispute was alwas intended to be a public pla*a!
2! &here was no sufficient proof that the late %asimiro &anedo intended to donate the portion of the land intended
to be a public pla*a to the church in general
@! It has been full proven that the pla*a has alwas been used b the people of Victoria from the moment the
town was created
A! $la*as destined for public use are not sub>ect to prescription B+rt! 14@5, the "ld %ivil %ode?
/! $lanting of fruit trees b the curates, etc! do not constitute an act of private ownership but either evidence of
public use or as embellishments for the benefit of the townspeople!
-. ) R$"i /. Pr'/in-ial "'ar( '* Min('r' 02 Pil. 334
Fa-,s: ;ubi and his fellow Manguianes filed an application for habeas corpus on the ground that the were being
deprived of their libert b the provincial officials of Mindoro! ;ubi claimed the were being held against their will at a
reservation in &igbao, Mindoro while one Dabalos was imprisoned for having run awa from the reservation! &he
provincial officials of Mindoro however, countered that the were authori*ed under section 21A/ of the +dministrative
%ode of 141= to implement measures for the advancement of the non(%hristian people of Mindoro b obliging them to live
in one place in order to educate them!
Hel(: &he #upreme %ourt ruled in favor of the provincial officials of Mindoro on the grounds that:
1! &he were merel e3ercising the police power of the state for a lawful purpose and through lawful means,
which can validl limit the e3ercise of %ivil libert! &he #upreme %ourt cited past legislation implemented in the $hilippines
which >ustified the placing in a reservation of the Manguianes such as:
a! Book 5, &itle @ C + compilation of laws implemented during the #panish forcing the Indios to leave poblaciones
Bcommunities? or reducciones in order to instruct them to the %atholic faith and enable them to live in a civili*ed manner!
b! Decree of the ,overnor(,eneral of 7anuar 1A, 1..1( Decree ordering the Indios to be governed b the
common law and not allowing them, unless with absolute necessit, to change their residence!
c! 8etter of Instructions b $resident Mc1inle C Dncivili*ed tribes are allowed to keep their tribal governments,
sub>ect to regulation b the +mericans!
d! &he $hilippine Bill of 1402 C &he $hilippine %ommission Bwhich composed E of the $hilippine 8egislature, the
other being the $hilippine +ssembl? was given e3clusive >urisdiction over the territor inhabited b the Moros and other
non(%hristian tribes of the $hilippines
e! &he 7ones 8aw
2! +lthough the Maguianes were labeled as Fnon(%hristian,G the intent of the law was not to refer to an particular
religions or geographical discrimination but is predicated on the lack of civili*ation b them, which the measure
implemented b the provincial officials of Mindoro intended to correct!
@! &he measure implemented was a valid delegation of legislative power b the $hilippine legislature as it was
done in accordance with +dministrative %ode of 141=
-.0 Te Ma$ra La&
Hueen ;egent Maria %ristina of #pain, upon the recommendation of %olonial Minister +ntonio Maura,
promulgated the ;oal Decree of Ma 14, 1.4@ which provided for an autonomous local government in the $hilippines!
Dnder the Maura 8aw there was constituted a Municipal &ribunal of five, the captain and A lieutenants! It was given
charge of the active work of governing the municipalit, such as administration of public works, etc! and the details of
ta3ation! In addition, each of its members was reIuired to have special Iualifications! &hese positions were honorar! &he
term of office was A ears! &he officers, together with 2 substitutes, were elected b 12 delegates of the principalia! &he
principalia was composed of all persons who has held certain offices Bsuch as cabe*a de baranga or former captains? or
who has paid a land ta3 of $/0! &he ,overnor ,eneral and the provincial governor retained disciplinar >urisdiction over
the council and its individual members, the $rovincial Board also had supervision of the municipal council BMalcolm, ,ov-t!
of the $hilippines Islands, pp! 54(=1, Document @52, &he Maura 8aw of 1.4@?
-. 5 Te Trea,. '* Paris
&he &reat of $aris officiall ended the #panish(+merican 6ar of 1.4.! It was ratified b #pain and the Dnited
#tates on December 10, 1.4.! It contained 1= articles, important provisions including:
+rt! 1 C ;elinIuishment b #pain of its claim of sovereignt and title to %uba! +rt! 2 C %ession to the D!#! of the
islands of $uerto ;ico and Marianas! +rt! @ C %ession to the D!#! of the $hilippines for the sum of J20 million! +rt! 4 C
+llowing #panish sub>ects which are natives of the $hilippines to remain in the $hilippines if the so desire! &he civil rights
and political status of the native inhabitants of the territories hereb ceded to the D!#! shall be determined b %ongress!
+rt! 11 C ;elinIuishment of all civil and criminal >urisdictions over all territories ceded! +rt! 12 C $rovides for rules on
deciding >udicial proceedings pending at the time of the ratification of the treat!
D. Te A!eri-an Peri'(
(.# Te 6'nes La&
&he 7ones 8aw of 1.4@ was virtuall an +merican(made constitution providing for a complete form of semi(
autonomous government in the $hilippines! It defined government functions into an e3ecutive to be appointed b the D!#!
$resident with the consent of the #enate, who was called the +merican ,overnor(,eneral in the $hilippines! &he
legislative power was vested in an elective bicameralKlegislature C a #enate and a )ouse of ;epresentatives! &he >udicial
power was e3ercised b the #upreme(%ourt and other lower courts, with 'ilipino and +merican >ustices! &he 7ones 8aw
also e3tended the Bill of ;ights, defined 'ilipino citi*enship and provided for other safeguards and restrictions!
&he bulk of the 7ones 8aw comprised mainl of defining the e3ecutive, legislative and >udicial powers of the
government!
E. Te 6apanese O--$pa,i'n
e.# T'pa-i' N$en' An7eles8 93 Pil. #)
Fa-,s: 7ose &opacio 0ueno and @ other petitioners ran for and eventuall obtained seats in the Municipal Board
of Manila in 14A0! 6orld 6ar II and the subseIuent 7apanese occupation however took place! +fter the war, 5 new board
members were appointed b the $resident! 0ueno, et! al! claimed that the appointment was null and void because 1? their
term of office had not e3pired due to the world war and 2? even if 1? were not true, the still had the right to hold over their
officers until their new successors were elected and Iualified!
Hel(: 0ueno and his goons were incorrect! ;easons: 1? &he word FtermG is
different from Ftenure!G &here is no law which allows the e3tension of terms of office b reason of war! 2? +s for tenure, the
same ma be shortened or e3tended for various reasons, such as the death of the incumbent or as otherwise provided b
law! &he principle of the right to hold over ma validl e3tend the tenure of office! )owever, 0ueno, et! al! cannot invoke
this right because under 15 Ba? of the %ommonwealth +ct, the $resident has the discretion of appointing temporar board
members until dul elected board members can be Iualified!
F. Te P's, :ar Years
*. # R.A. ))358 as a!en(e( ; Te L'-al A$,'n'!. A-,
<ntitled, F+n +ct +mending the 8aws governing 8ocal ,overnments b Increasing their +utonom and
;eorgani*ing the $rovincial ,overnments,G the +ct provides for, among other things: $rocedure in establishing the
provincial, cit, municipal and regularl organi*ed municipal district budgets for each fiscal ear, ta3ation sources2
appropriation of funds for the general welfare of the public2 grant of the power of eminent domain2 composition of the
provincial board2 Iualifications of members of the provincial board, governors, vice(governors, maors and vice(maor2
appointment power of provincial governor, cit maor and municipal maor2 and assignment of other powers to the
provincial board, municipal board or cit councils! +n fair and reasonable doubt as to the interpretation of the 8ocal
+utonom +ct shall be resolved in favor of the local government and shall be presumed to e3ist!
*. ) R.A. )094 ; Te Barri' Car,er A-,
FBarriosG are units of municipalities or municipal districts in which the are located! &he are Iuasi(municipal
corporations endowed with such powers as herein provided in said +ct for the performance of particular government
functions to be e3ercised b and through their respective barrio governments in conformit with law!
Barrios ma be created or its name changed b a petition of the ma>orit of voters in the areas affected! &he ma
sue and be sued and ma be deal with an real or personal propert in the manner provided b law!
0o barrio ma be created if its population is less than /00 people or out of chartered cities, or poblaciones of
municipalities!
&he +ct also provides for the barrio council headed b the barrio lieutenant! &he barrio council shall meet with the
Iualified voters of the barrio at least once a ear in a barrio assembl to discuss, among others, election of new officers,
raising of funds and adopt measures for the welfare of the barrio! &he +ct also provides for the Iualifications of the barrio
council members and their powers and responsibilities, such as the ta3ation power and its sources!
*. 0 R.A. 0124 ; Re/ise( Barri' Car,er A-,
&his +ct is essentiall the same as its predecessor, with the following pertinent amendments2
1? + plebiscite ma be called to decide on the recall of an member of the barrio council member or approve an
budgetar, supplement appropriations or special ta3 ordinances!
2? ;enaming the barrio lieutenant as barrio captain
@? ;ight of succession in case of vacanc in the barrio captain position Bthere is no vice(barrio captain in both +cts?!
A? &he municipal maor shall have power of supervision over barrio officialsL
/? $rocedure in barrio council, such as holding of meetings ever month
5? <ffectivel of barrio ordinances Bunless otherwise, after 50 das after its passage or 1/ das after its confirmation in a
plebiscite?
*. 5 R.A. 1#<1 ; Te De-en,rali=a,i'n A-, '* #239
&his +ct further strengthens the autonomous powers of local governments b providing for the following pertinent
provisions:
1? $rovincial and cit governments are empowered to undertake field agricultural work and rural health work
whenever deemed to be necessar to assist in national programs or services!
2? +ppointment of heads, assistant heads of local officers and their subordinates @? #uspension
and removal of elective local officials Bgrounds: disloalt to ;$, dishonest, oppression and misconduct in the office?
A? ;estriction in practice of law b members of provincial, cit or municipal board /? #uccession to office
of vice(governor and vice(maor!
5? 'illing of special vacancies in local legislative bodies!
=? 'illing of elective officers in newl created and newl classified provinces, cities, municipalities or municipal
districts
.? 8ist of actions of provincial, cit and municipal officials and provincial boards declared immediatel effective!
4? %ertain duties and powers of local chief e3ecutives not to be sub>ect to direction and review of an national
official
10? ;elease and apportionment of certain government funds 11? %reation of following
positions: provincial engineer, cit public works official, provincial attorne and cit legal officer
12? %reation of 7oint 8ocal ,overnment ;eform %ommission Bfor continuing studies on local autonom of 8ocal
,overnment and prepare local government code?
G. Te Mar,ial La& Ep'-
7. # P.D. #51
&his decree amended #ection 2 of ;!+! 225A or 8ocal +utonom +ct because the said section was ineffective in
carring out the #ecretar of 'inance-s power to suspend the effectivel of an local ta3 ordinance which in his opinion is
un>ust, e3cessive or oppressive or contrar to national polic! #aid decree improves this situation b giving the local
legislative bod either @0 das to modif the ta3 ordinance or appeal the suspension order of the #ecretar of 'inance in a
court of competent >urisdiction2 otherwise, the ta3 ordinance or its part of parts in Iuestion is considered revoked
7. ) B.P. 009 ; Te L'-al G'/ern!en, C'(e '* #2<0
&his %ode provides for the pertinent following provision:
1? ,eneral powers and attributes of local government units!
2? $owers and restrictions of 8ocal ,overnment Dnits to: %reate sources of revenue2 eminent domain2 closure of roads2
suabilit2 enter into contracts2 conve propert2 limited non(liabilit for damages!
@? 0ational supervision over local governments
A? ;elationship between $rovince(cit, province(municipalit2 cit(baranga, municipalit(baranga2 cit(baranga2 public
officials(8,Ds
/? 'iscal matters2 <3penditure of government funds2 preparation of budget
5? ;eIuirement and prohibitions of local gov-t! officials2 vacanc and succession
=? Hualification and election of local gov-t! officials2 vacanc and succession
.? ;ecall, suspension and removal of elective officials
4? %reation of local school boards
10? $ersonnel +dministration
11? #ettlement of municipal and baranga boundar disputes
12? Details on baranga and baranga officials2 municipal and municipal officials2 cit and cit officials2 province and
province officials
H. Te Presen,
h! 1 ;!+! =150 C &he 8ocal ,overnment %ode of 1441! 'rom the 8,% of 14.@, the following pertinent provisions
were added:
1? "perative principles of decentrali*ation
2? +uthorit b %ongress or an political subdivision to create, divide, merge, abolish or alter boundaries
@? <mphasis on general welfare and imposition of basic services and facilities on political subdivisions
A? ;eclassification of lands
/? +uthorit of 8,Ds to secure and negotiate grants
5? %reation of 8ocal $reIualification, Bids and +wards %ommittee
=? "ther procedural and technical changes
II. PRIMARY LA: AND GENERAL PROVISIONS
A. Rea( Ar,i-le >8 Se-,i'n 2 an( Ar,i-le >VIII8 #2<9 C'ns,i,$,i'n
a!1 +rticle M, #ection 10 C 0o province, cit, municipalit or baranga ma be created, divided, merged abolished
or its boundaries substantiall altered, e3cept in accordance with the criteria established in the local government code and
sub>ect to approval b a ma>orit of the votes cast in a plebiscite in the political units directl affected!
NOTE: ;ead the whole of +rticle M of the 14.= %onstitution as well, as it refers to local, governments in general! It
contains 21 sectors! +lso $rof! Dlep must have meant #eason 10 and not / in his outline!
a! 2 +rticle MVIII, #ec! . ( Dnless otherwise provided b %ongress, the $resident ma constitute the Metropolitan +uthorit
to be composed of the heads of all local government units comprising the Metropolitan Manila +rea!
+rticle MVIII, #ec! 4 C + sub(province shall continue to e3ist and operate until it is converted into a regular province or its
component municipalities are reverted to the mother province!
0"&<: &here-s no point in reading all other sections of +rticle MVIII! #ee for ourself!
B. Rea( R.A. 92)5?Me,r'p'li,an Manila De/el'p!en, A$,'ri,.@
&his +ct states the polic of the #tate to treat Metro Manila as a special development and administrative region
and certain basic services affecting or involving Metro Manila as metro wide services more efficientl and effectivel
planned, supervised and coordinated b a development authorit as created herein, without pre>udice to the autonom of
the affected 8,D! +mong its pertinent provisions are:
1? #cope of MMD+ Bmetro(wide? services: Development planning2 transport and traffic management2 solid waste
disposal and management2 'lood control2 Drban renewal2 *oning and land use planning2 health sanitation2
Drban protection and pollution control2 pu.blic safet2
2? %reation of Metro Manila %ouncil BMM%? consisting of all maors in Metro Manila
@? $owers and 'unctions of MMD+, mainl to formulate, coordinate, and regulate implementation of above
metro(wide services
A? 'unctions of MM%, mainl to approve pro>ects of MMD+
/? 'unction of MMD+ chairman: <3ecute policies of MM% and manage operations of MMD+2 appointment
power2 prepare budget of MMD+2 disciplinar power on subordinates2 e3 officio board member Bor his
representative? of departments related to activities of MMD+ such as D"&%, D"), etc!
5? Institutional linkages of MMD+: 0<D+, 0,"s , accredited people-s organi*ations
". # L'pe=8 6r. /. COMELEC8 #03 SCRA 300
Fa-,s: Mel 8ope*, et! +l! Iuestioned the validit of $, D! .2A which provides for the creation of Metro Manila
%ommission which shall hold swa over A cities BManila, Hue*on, %aloocan, and $asa? and 1@ municipalities! $!D! )e
sas it runs counter to +rt! 11, #ec! @ of the 14=@ %onstitution which states that: F0o province, cit, municipalit or barrio
ma be created, divided, abolished, merged or its boundaries substantiall altered, e3cept in accordance with the criteria
established in the 8ocal ,overnment %ode and sub>ect to the approval of the ma>orit of votes cast in a plebiscite in the
unit or units affected!G 0o plebiscite was conducted to vote for the creation of Metro Manila! )e also claims the $!D! is a
denial of the eIual protection clause as other cities and municipalities were not similarl organi*ed into such! +lso the
$resident cannot e3ercise direct supervision and control over the Metropolitan Manila %ommission as it runs counter to
the autonom of local governments!
Hel(: Mel 8ope* is incorrect! ;easons:
1! +lthough a plebiscite was not conducted, a referendum was held 'eb! 2=, 14=/ wherein the residents of the
,reater Manila area authori*ed the $resident to reorgani*e the cities and municipalities under the Metro Manila
%ommission! &he reIuirements for a plebiscite were therefore deemed satisfied! Besides, at the time of the referendum,
there was no 8ocal ,overnment %ode in e3istence then which provided the need for a plebiscite! B virtue of martial law
and the absence of an interim Batasang $ambansa at that time, the $resident had authorit to enact said $!D!
2! &here is reasonable classification in organi*ing said A cities and 1@ municipalities into a metropolitan area
@! +rticle ., #ec! 2 of the 14=@ %onstitution e3pressl recogni*es the >uridical entit known as Metropolitan Manila
A! &here is presumption of constitutionalit in the $resident-s power of direct supervision and control over the
Metropolitan Manila %ommission! &he presidential power of control can and should be constructed to mean that said
control is limited to those that ma be considered national in character!
". ) MMDA /. Bel-Air Assn8 In-.8 0)< SCRA <03
Fa-,s: $ursuant to ;!+! =42A which created the MMD+, MMD+ issued a notice to the Bel(+ir Village +ssoc!
BB+V+? that the former will open 0eptune #treet owned b the latter in Bel(+ir Village, as well as tear down a perimeter
wall owned b said village! Both actions, the MMD+ said, is necessar for the decongestion of traffic along the said areas!
B+V+ petitioned the trail court and later on the %ourt of +ppeals to en>oin the implementation of MMD+-s
proposed actions! B+V+-s petition was granted! &he MMD+ thus now seeks recourse with the #upreme %ourt, claiming
among others that its proposed actions were in the e3ercise of the police power!
Hel(: MMD+ is wrong! &he reason is that ;!+! =42A did not e3pressl or impliedl delegate an police power to
the MMD+, most notabl the power to enact ordinances necessar for the implementation of its plans, programs and
pro>ects aimed at the deliver of metro(wide services in Metro Manila, without diminution of the autonomy of the LGUs
concerning purely local matters B#ee! 2, ;!+! =42A? MMD+-s proposed actions were not under the authorit of an
ordinance B6hat-s funn is that the MM%, the governing board of the MMD+, is composed of the different maors of Metro
Manila, and these gus, as mayors per se, have the power or at least, the political will to enact ordinances?
C. Rea( R.A. 390) ?Or7ani- A-, *'r ARMM AA$,'n'!'$s Re7i'n in M$sli! Min(ana'B@
Mindanao, encompassing 1@ provinces and 4 cities, through a plebiscite for that purpose! &his government shall
operate within the framework of the ;egional ,overnment! &he e3ecutive power is conferred on the ;egional ,overnor!
&he legislative power is conferred in the ;egional +ssembl! &he #upreme %ourt, the %ourt of +ppeals and the lower
courts shall continue to e3ercise their power as mandated in the %onstitution2 however, there shall be a #hari-ah +ppellate
%ourt which shall also be learned in Islamic law and >urisprudence! &he #hari-ah %ourt-s decisions shall be final and
e3ecutor sub>ect to the original and appellate >urisdiction of the #upreme %ourt! &ribal +ppellate %ourts for cases dealing
with tribal codes shall also be established!
&he ;egional ,overnment shall have fiscal autonom or the power to create its own sources of revenue, sub>ect
to the limitations of the %onstitution and this "rganic +ct! &he "rganic +ct also provides for: $rotection of ancestral lands,
ancestral domain and indigenous cultural communities2 urban and rural planning and development2 power to enact laws
pertaining to the national econom and patrimon responsive to the needs of the ;egional ,overnment2 public order and
securit2 education, science and technolog and sports development2 social >ustice and services2 and power to amend or
revise the "rganic +ct, either b %ongress or b the ;egional +ssembl, the latter being sub>ect to approval b %ongress!
-. # A""as /. COMELEC8 #92 SCRA )<9
Fa-,s: Datu 'irdausi +bbas, et!al! challenged the constitutionalit of ;!+! 5=@A on the following grounds:
1? ;! +! 5=@A conflicts with the &ripoli +greement Bwhat conflicts the case doesn-t sa?
2? ;! +! 5=@A provides for the unconditional creation of the +;MM and not through the mode of a plebiscite as
provided in the %onstitution
@? &he %onstitution provides that +;MM shall be approved b a ma>orit of votes cast in a plebiscite b all voters
residing in the provinces and cities affected, but ;!+! 5=@A sas Fb a ma>orit or votes cast by the constituent units in a
plebiscite and onl those provinces and cities where a ma>orit of votes cast in favor of the "rganic +ct shall be included
in the +utonomous ;egion! ;!+! 5=@A thus conflicts the %onstitution
A? ;! +! 5=@A includes provinces and cities which do not have the same cultural and historical heritage and other
relevant characteristics needed for admission to the +;MM
/? ;! +! 5=@A violates constitutional guarantee on freedom of e3ercise of religion as some its provisions run
counter to the 1oran
5? &he creation of an "versight %ommittee to supervise the transfer of power to the +;MM is contrar to the
constitutional mandate that the creation of the autonomous region hinges solel on the result of the plebiscite
=? ;! +! 5=@A sas FNthat onl the provinces and cities voting favorabl in such plebiscite shall be included in
the +;MM! &he provinces and cities which in the plebiscite do not vote for inclusion in the +utonomous ;egion shall
remain in the e3isting administrative regions: Provided however, that the President may, by administrative determination,
merge the existing regions! &his provision, +bbas claims, is contrar to the %onstitutional mandate that, F0o province cit,
municipalit or baranga ma be created, divided, merged, abolished or its boundar substantiall altered, e3cept in
accordance with the criteria established with the local government code and sub>ect to approval b a ma>orit of the votes
cast in a plebiscite in the units directl affected!G B+rt! 10, #ec! 10, 14.= %onstitution?
Hel(: +bbas is wrong! ;easons:
1? ;! +! 5=@A as an enactment of %ongress, is superior to the &ripoli +greement, being a subseIuent law to the
&ripoli +greement Bthough in m opinion it wouldn-t matter if ;! +! 5=@A was prior to the &ripoli +greement?
2? &he transitor provisions of ;! +! 5=@A does provide for a plebiscite B1 guess nobod reads the transitor
provisions?
@? &he framers of the %onstitution must have intended that the ma>orit of votes must come from each of the
constituent units and not all the votes of the provinces and cities BI couldn-t understand how the >ustices arrived at this
conclusion?
A? It is not for the %ourt to decide on the wisdom of the law concerning the inclusion of provinces and cities
which +bbas claims should not be included in a plebiscite
/? &here is no actual controvers et as to an violation of freedom of religion, onl a potential one
5? &he creation of an "versight %ommittee is merel procedural and in fact will aid in the timel creation of the
+;MM
=? &he power of the $resident to merge administrative regions is inherent in his power of general supervision
over local governments! Besides, administrative regions are not territorial or political regions! <3amples of administrative
regions are ;egions I to MII and the 0%;
-. ) Ci'n7"ian /. Or"'s8 )51 SCRA )10
Fa-,s: In 1440, $resident +Iuino issued <! "! 0o! A@4 wherein she picked certain provinces and cities, some of
which did not participate in the inclusion to the +;MM, to the reorgani*ed to new regions Be!g! Misamis "ccidental, which
did not participate in the +;MM plebiscite, was transferred from ;egion M to ;egion MI?! +Iuino issued said <! "!
pursuant ant ;! +! 5=@A, which sas: FN&hat onl the provinces and cities voting favorabl in suitable plebiscites shall be
included in the +;MM! &he provinces and cities which plebiscite no vote for inclusion in the +utonomous ;egion shall
remain in the e3isting administrative regions! $rovided however, that the $resident ma, b administrative determination,
merge e3isting regions! 7ames %hiongbian, a #ultan 1udarat congressman, filed a certiorari prohibition to protest the <!
"!, claiming that $resident +Iuino had no power to reorgani*e administrative regions because said provision in ;! +!
5=@A 1? also states that provinces, cities which in the plebiscite do not vote for inclusion in the +utonomous ;egion shall
remain the e3isting administrative regions 2? the %onstitution does not e3pressl provide the $resident the power to
merge administrative regions2 in fact +rt! 10, #ec! 10 of the %onstitution Bsee II of our outline? prohibits this and @? even
granting that the $resident is allowed to merge administrative regions, there is law setting standard on how it is to be
done!
Hel(: %hiongbian is wrong! ;easons:
1? &he sentence FNshall remain in the e3isting administrative regions, is further Iualif b the phrase, F$rovided
however that the $resident ma, b administration determination merge the e3isting regions!G
2? $ast legislation, particularl ;! +! /@A/ issued in 145., authori*ed the $resident the help of a %ommission on
;eorgani*ation, to reorgani*e the different e3ample departments including administrative regions! &his shows
that traditional power to reorgani*e administrative regions has alwas been lodged in the $resident
@? &he standard is found in ;! +! /@A/ which states Fto promote simplicit, economic efficienc in the
government to enable it to pursue programs consistent with no goals for accelerated social and economic
development and to improve service transaction of the public business!G
D. Rea( R. A. 3933 ?Or7ani- A-, *'r C'r(illera A$,'n'!'$s Re7i'n '* #2<2@
&his +ct provides for creation of the %ordillera +utonomous ;egion B%+;? shall consist of the cities and provinces
that shall vote favorable in a plebiscite pursuant ant 10, #ec! 1. of the %onstitution! &hose cities and provinces are
Benguet, Ifugao, Muslim $rovince, +bra, 1alinga(+paao and Baguio
&he +ct consists of the following pertinent articles:
1? ,uiding principles and policies similar to that of +rt! 2 of the 14.= %onstitution
2? Vesting of legislative power in the %ordillera +ssembl2 e3ecutive power %ordillera governor with a deput
governor as well2 creation of indigenous special courts whose decisions are final and e3ecutor but sub>ect to
the original and appellate >urisdiction of the #upreme %ourt
@? %reation of a ;egional %ommission on +ppointments
A? Measures to protect and develop the ancestral lands and ancestral domains of indigenous cultural
communities as well as the national econom and patrimon
&he rest of its provisions are roughl similar to the "rganic +ct for +;MM Bsee11(c? %+; never came to
e3istence! "nl Ifugao province voted in favor of %+;, so the #upreme %ourt in "rdillo v! %"M<8<% ruled that
Ifugao could no constitute itself into the %+;O
(. # Or(ill' /. COMELEC8 #2) SCRA #44
Fa-,s: %+; ;egional +ssembl member +le3ander "rdillo raised the Iuestion in his petition on whether the
province of Ifugao, being the onl province which voted favorabl for the creation of the %+;, can alone legall and validl
constitute such region!
Hel(: "rdillo-s petition is meritorious! ;easons:
1? #tatutor construction of +rt! M, #ec! 1/ of the 14.= %onstitution shows that the word FregionG is to be made
up of more than one constituent unit
2? #ection 2 or ;! +! 5=55 sas F&he ;egional ,overnment shall e3ercise powers and functions necessar for
the proper governance and development of all provinces, cities, barangas and municipalities within the
%+;!G &herefore, %ongress could not have intended that onl a single province would constitute %+;
@? It would be illogical for Ifugao to have 2 sets of officials, one for Ifugao and one for the %+;, when Ifugao is
the onl member of the %+;
(. ) C'r(illera B'ar( C'ali,i'ns /. COMELEC8 #<# SCRA 521
Fa-,s: $ending the convening of %ongress after $resident +Iuino was swept into power in 14.5, she issued <!
"! 220 which petitioner %ordillera Board %oalitions claimed created the %+;, thus preempting the constitutional mandate
that %ongress shall be the one to pass an "rganic +ct providing for the creation of %+;! $etitioner also Iuestions the
constitutionalit of the %+; as it runs contrar to +rticle 10, #ec! 10 of the 14.= %onstitution B#ee 11(1?! 'inall petitioner
claims the %+; will interfere with the local autonom of individual cities and provinces in general!
Hel(: %ordillera Board %oalition is wrong! ;easons:
1! &he presumption of constitutionalit of laws shall be applied in the case! <! "! 220 was actuall envisioned to
consolidate and coordinate the deliver of services of line departments and agencies of the 0ational ,overnment in the
areas covered b the %+; as a step preparator to the grant of autonom to the %ordillera! It was not intended to preempt
%ongress
2! %+; is not a public corporation or a territorial or political subdivision! It is in the same genre as an
administrative region for the purpose of coordinating the planning and implementation of program and services in the
covered areas! &hus no new territorial or political subdivision was created or merged with another!
@! 8ocal autonom is administrative autonom! In the case of %+; and Muslim Mindanao, the are granted both
administrative and political autonom! $etitioner has failed to show specificall how the creation of administrative regions
will interfere with local autonom!
(. 0 E.O. 512 (a,e( Ma. #98 #22#
&his <! "! is entitled FDevolving to the +utonomous ;egionG ,overnment of the +utonomous region in Muslim
Mindanao %ertain $owers of the D<%#, the %ontrol and #upervision "ver Its "ffices in the ;egion and for other "ffices!
&he <! "! aims to implement #ec! 1, +rticle MV of ;! +! 5=@A which states that, F&he +utonomous ;egion shall
establish, maintain and support a complete and integrated sstem of Iualit education and adopt an educational
framework that is meaningful, relevant and responsive to the needs, aspirations and ideals of the people in the region!G
&o this end, the ;egional ,overnment is made responsible for the regional educational framework of the +;MM,
such as formulating and implementing programs to improve education in general in the region!
E. Rea( R. A. 924#8 (a,e( Fe". )08 #221 B%reating the %+;+,+ +dministrative ;egion?
&his +ct is entitled F+n +ct %reating ;egion 1@ to be known as the %+;+,+ +dministrative ;egion, and 'or
"ther $urposes!G It consists of the provinces of +gusan del 0orte, +gusan del #ur, #urigao del 0orte, #urigao del #ur and
the cities of Butuan and #urigao! &he +ct also transfers #ultan 1udarat to ;egion 11!
F. L'-al G'/ern!en, Uni, De*ine(
De*ini,i'n: + political subdivision of the state constituted b law and possessed a substantial control over its own
affairs!
#upporting Definition: &he 8,D is autonomous in the sense that it is given more power authorit, responsibilities
and resources remaining to be an intra sovereign subdivision of a sovereign nation, but no intended to be an imperium in
imperia state within a state
f! 1 +lvare* v! ,uingona, 7r! 2/2 #%;+ 54/
Fa-,s: #enator )eherson +lvare*, et! al! filed a petition for prohibition with praer &;" and preliminar prohibitor
in>unction assailing ;! +! ==20, #aid ;! +! provides for a conversion of the municipalit of #antiago, Isabela into a %it!
+lvare* said the municipalit of #antiago failed to meet the reIuirement of #ec! A/0 of the 8,% that, for a municipalit to
become a component cit, it must have an annual income of $20M! &he reason is that in the computation of the average
annual income, the Internal ;evenue +llotments BI;+? should have been deducted from the total income! Instead, the
I;+s were added to the total income!
Hel(: +lvare* is wrong! I;+s are the local government unit-s rightful share to the national ta3es! #ection A/0Bc? of
the 8,% provides that Fthe average annual income shall include the income accruing to the general fund, e3clusive of
special funds, transfers, and an recurring income!G I;+s are a regular, recurring source of income2 the are not special
funding transfers since #ec! 1=Bg? of the 8,% gives a technical description for the I;+ for purposes of the 8,%
G. L'-al A$,'n'!. eCplaine(
1! +utonom C either decentrali*ation of administration or decentrali*ation of power B8imbona v! Mangelin?
2! Decentrali*ation of +dministration C "ccurs when the central government delegate administrative powers to political
subdivision in order to broaden the basic government power and in the process to make local government more
responsive accountableG and F<nsure their fullest development as self(reliant communities make them more effective
partners in the pursuit of national development and progress!G +t the same time, it relieves the central government of the
bureau managing local affairs and enables it to concentrate or national concerns BSupra?
@! Decentrali*ation of power C +n abdication of political power in favor of local government units declared to be
autonomous! In that case the local government is free to chart its own destin and shape its future with minimum
intervention from central government authorities! +ccording to a constitution author B'ather Bernas? decentrali*ation of
power amounts to Fself(immolationG since in that event, the autonomous government becomes accountable not to the
central authorities but to its own constituenc BSupra?
A! 8ocal +utonom, $hilippine %oncept C &he national government does not completel relinIuish all its power over local
governments, including autonomous regions! "nl administrative powers over local affairs are delegated to political
subdivisions! &he purpose of the delegation is to make governance more directl responsive and effective at the local
levels! In turn, economic, political and social developments at the smaller political units are e3pected to propel social and
economic growth and development! But to enable the country to develop as whole the programs and policies effected
locally must be integrated and coordinate towards a common national goal. &hus, polic(setting for the entire countr still
lies in the $resident and %ongress! In Magta>as v! $rce $roperties %orp! Inc!, municipal governments are still agents of
the national government B$imentel v! +guirre?
/! 'iscal autonom C 8ocal government have the power to create their own sources of revenue in addition to their
eIuitable share in the national ta3es released b the national government, as well as the power to the allocate their
resources in accordance with their own priorities!
7. # Mal'n='8 e,8 al /. Da!'ra8 e,8 al 0## SCRA ))5
0"&<: Dates and peso figures are crucial to this case!
Fa-,s: In 144A, the #angguniang $anlungsod of %aloocan %it issued "rdinance 0o! 015., authori*ing %aloocan
%it maor Macario +sistio 7r! to initiate e3propriation proceedings for lot 25 of the Masilo <state owned b the %8&
;ealt Development %orp! +n amount of $@4, @/2,0A=!=/ was appropriated for this purpose! %8& however countered with
an interpleaded and praer for &;" on +ugust 5, 144=, on the ground that Masilo estate actuall straddled both
%aloocan %it and the municipalit of Malabon2 therefore the %aloocan %it and Malabon municipal governments should
be restrained and %8& must interplead and litigate among themselves their conflicting rights to claim such ta3es!
In the meantime, the voluntar sale of the %8& propert failed to push through so the cit government field a suit
for eminent domain against %8& on March 2@, 144.!
#ome months afterwards, ;e Malon*o became maor of %aloocan %it! &he e3propriation of the %8& propert
was then declared discontinued, thus the appropriation of $/0M for the budgetar item F<3propriation of propertiesG could
now be reverted for use in supplement budget! "rdinance 0o! 02/A was then passed appropriating an amount of $@4,
@A@,02.!00 for the immediate repair of offices and hiring of additional personnel!
Because of this, the office of the $resident B"$?, acting on an administrative complaint filed against Malon*o et!
al!, were ad>udged guilt of misconduct and meted the penalt of suspension! Malon*o-s refuted the decision, claiming
that 1? the interpleader filed b %8& was an unavoidable discontinuance of the e3propriation pro>ect2 thus the amount of
$@4, @/2,0A=!00 could be reverted into savings and 2? said amount was could be denominated as F<3propriation of
$ropertiesG and classified under F%urrent "perating <3penditures! &he "$ countered that the amount of $@4, @/2,0A=!=/
was a capital outla that must be spent for the pro>ect it is intended for, thus under #ec! @22 of the 8,% it could not be
reverted into savings for another use 2? the filling of the interpleader could not be considered as an unavoidable
discontinuance since months after the interpleader, the %aloocan %it government even filed an e3propriation case for the
%8& propert @? &he #angguniang $anlungsod, at the time of passing "rdinance 0o! 02/A did not adopt new or updated
rules of procedure for the current ear2 this was shown b the hurried passage in one da of the said ordinance and A? the
appropriation of $/0M for F<3propriation of $ropertiesG actuall did not e3ist this was merel a subterfuge b Malon*o to
dip his hands into the $@4, @/2! 01=!=/ intended for the %8& propert e3propriation pro>ect!
Hel(: Malon*o is correct! ;easons:
1? During the oral arguments and pleadings, it was clear that the amount of
$@4, @/2, 01=!=/ and whether it was a capital outla or continuing appropriation was not the issue2 rather the issue was
the budgetar item F<3propriation of $ropertiesG wherein the amount of $/0M was appropriated for said use but was later
discontinued, and later on, an amount of $@4, @1@, 02.!00 from the $/0M was appropriated for office repair and other
miscellaneous e3penses! Malon*o-s e3planation that the $/0M was not intended for the purchase of %8& propert but for
e3penses incidental to e3propriation, such as relocation of sIuatters, appraisal fee, etc! was believed b the %ourt! B#o
what happened to the $@4, @/2, 0A=!=/, if Malon*o-s e3planation is to be believedP 7ustice 1apunan and 2 others
dissented, believing the "$-s argument that there was actuall no $/0M e3isting to fund the F<3propriation of $roperties
item! In fact, Malon*o used the none3istent $/0M appropriation as a cover(up to illegall spend the $@2, @/2, 0A=!=/ for
repair of offices and hiring of personnel! %an ou sa kickbackP?
2? &he failure to adopt new or updated rules of procedure of the #angguniang $anlungsod as mandated b #ec!
/0 and /2 of the 8,% is not intended to paral*e said #anggunian from doing its >ob! +n interpretation of #ec! /0 and /2
of the 8,% that will avoid inconvenience and absurdit must be adopted, thus the "$-s contention is mistaken!
7. ) Se-. #8 Cap,er #8 Ti,le >II8 E. O. )2)
FDeclaration of polic! &he #tate shall ensure the autonom of local governments! 'or this purpose, it shall
provide for a more responsive and accountable local government structure instituted through a sstem of decentrali*ation!
&he allocation of powers and resources to loose government units shall be promoted and inter(local government grouping,
consolidation a coordination of resources shall be encouraged! &he state shall guarantee the local government units their
>ust share in national ta3es and their eIuitable shares in proceeds from the use natural resources, and afford them wider
latitude for resource generation!G
7. 0 Pi!en,el /. A7$irre8 G. R. N'. #0)2<<8 6$l. #28 )444
Fa-,s: In 144=, $resident ;amos issued +! "! 0o! @=2 which caught the ire of #enator +Iuilino $imentel because
of certain 2 provisions which state 1? +ll government departments and agencies, including state universities and colleges,
government(owned and controlled corporation and local government units will identif and implement measures in 'Q
144. that will reduce total e3penditures for the ear b at least 2/R of authori*ed regular appropriation for non(personal
service items, along the following suggested areasN and 2? $ending of assessment and evaluation of the Development
Budget %oordinating %ommittee of the emergenc fiscal situation, the amount eIuivalent to 10R of the Internal ;evenue
+llotment BI;+? to 8,Ds shall be withheld! $imentel claims that both provisions do not compl with #ection 2.A of 8,%,
which provides for the A reIuisites before the $resident ma interfere in local fiscal matters 1? an unmanaged public
sector deficit of the national government 2? consultations with the presiding officers of the #enate and the )ouse of
;epresentatives and the presidents of various local leagues @? the corresponding recommendation of the secretaries of
the D"', DI8, and DBM and A? an ad>ustment in the allotment shall in no case be less than @0R of the collection of
national internal revenue ta3es of the third fiscal ear preceding the current one! #peciall, $imentel claims that there was
no showing that there was actuall an unmanaged public sector deficit and that there was no consultations conducted with
the different leagues of local governments!
Hel(: $imentel is partl correct! ;easons:
1! &he #upreme %ourt is prepared to believe the #olicitor ,eneral-s assurance that the first provision above
stated is merel an advisor or guiding polic for local e3ecutives to follow, thus local autonom is not interfered upon!
2! &he second provision is violative of local fiscal autonom because its basic feature, the automatic release of the
shares of 8,Ds in the national internal revenue, is missing! &his is mandated in +rticle 10, #ec! 5 of the %onstitution!
'urthermore, #ection 2.5 of the 8,% provides that the release shall be made directl to the 8,D concerned within / das
after ever Iuarter of the ear and shall not be sub>ect to an lien or holdback that ma be imposed b the national
government for whatever purpose! &he withholding of 10R of the I;+ is definitel a holdback!
H. P$"li- C'rp'ra,i'n (e*ine(
Definition 1: &hose formed or organi*ed for the government of a portion of the #tate B+ct 1A/4, #ec!2?
Definition 2: &hose corporations created b the #tate as its own device and agenc for the accomplishment of parts of its
own public works B<liot, Mun! %orp! p! 1?
I. Essen,ial Ele!en,s '* a M$ni-ipal C'rp'ra,i'n
1? + legal creation or incorporation
2! + corporate name b which the artificial personalit or legal entit is known and in which all corporation acts are
done!
@? Inhabitants constituting the population who are invested with the political and corporate powers which are
e3ecuted through dul constituted officers and agents2
A? a place or territor within which the local civil government and corporate functions are e3ercised BMartin, $ub!
%orp!, 14=1?
6. T&' *'l( -ara-,er '* a !$ni-ipal -'rp'ra,i'nE i,s si7ni*i-an-e
1? ,overnment C the municipal corporation is an agent of the #tate for the government of the territor and the
inhabitants within the municipal limits! &he municipal corporation e3ercises b delegation a part of the sovereignt
of the #tate!
2? $rivate C the M% acts in a similar categor as a business corporation, performing functions not strictl
government or political! &he M% stands for the communit in the administration of local affairs wKc is wholl
beond the sphere of the public purposes for which its governmental powers are conferred
+. :a, is Fe(eralis!F
Definition: + sstem in which political power is divided between a central Bnational? government and smaller
government units!
#upporting Definition: &he central government is often called the federal government and the smaller units, states or
provinces! In a true federal sstem, citi*ens owe their loalt directl to
the central government, even though the live in states or provinces! &he central government has direct authorit over the
people concerning powers granted to it in the constitution!
III. CREATION AND ABOLITION OF MUNICIPAL CORPORATION
#ec! 5, 8,%: +uthorit to create 8ocal ,overnment Dnits! + local government unit ma be created divided,
merged, abolished or its boundaries substantiall altered either b law enacted b %ongress in the case of a province,
cit, municipalit or an other political subdivision of b ordinance passed b the #angguniang $anlalawigan or
#angguniang $anlungsod concerned in the case of a baranga located within its territorial >urisdiction, sub>ect to such
limitations and reIuirements prescribed in this %ode!
A. ReG$isi,es *'r -rea,i'n '* L'-al G'/ern!en, Uni,s
1! Income! It must be sufficient based on acceptable standards, to provide for all essential government facilities
and services and special functions commensurate with the si*e of its population, as e3pected of the 8,D concerned!
2! $opulation! It shall be determined as the total number of inhabitants of the within the territorial >urisdiction of the
8,D concerned!
@! 8and +rea! It must be contiguous unless it comprises 2 or more islands or is separated b an 8,D independent
of the other properl identified b metes and bounds with technical descriptions and sufficient to provide for such basic
services and facilities to meet the reIuirements of its populace!
%ompliance with the foregoing indicators shall be arrested b the Department of 'inance, the 0#" and the 8and
Management Bureau of the D<0;!
B. De-i(e( -asesH
b! 1 Pelae= V. A$(i,'r General8 #1 SCRA 132
Fa-,s: In 145A, $resident Macapagal issued several <"s creating @@ new municipalities, mainl in 0orthern
8u*on and Mindanao! &he $resident based his power from #ec! 5. of the ;evised $enal %ode of 141=! Vice $resident
<mmanuel $elae* filed a petition for writ of prohibition with preliminar in>unction, against the +uditor ,eneral, restraining
him from passing in audit an e3penditure of public funds in implementation of said e3ecutive order andKor an
disbursement b said municipalities!
$elae* contends that: 1? #ec 5. of the ;evised +dministration %ode has been impliedl repealed b ;!+ 2@=0,
the Barrio %harter +ct! 2? #ec! 5. is an undue delegation of legislative power to the $resident and @? #ec! 5. can allow
the president to interfere in local government affairs!
Hel(: $elae* is correct! ;easons:
1! &he Barrio %harter +ct states that Fbarrios ma not be created nor their boundaries altered or their names
changed e3cept b act of %ongress of the corresponding municipal board upon petition of the ma>orit of voters in the
areas affected and the recommendation of the municipalit or municipalities in which the proposed barrio is situatedG &his
implies that if the $resident cannot create barrios, what more municipalitiesP BBut I think this is not a ver good argument
co* it-s impling wa too much?!
2! + law must be: a? %omplete in itself so that there is nothing left for the delegate to do but to implement the
statute and b? 'i3 a standard the limits of which are sufficientl determinable &he standard set b #ec! 5. is Fas the public
welfare ma reIuireG &his standard, in relation to the law in Iuestion, is so broad that is virtuall unfettered!
@! &he creation of Municipal %orporation is essentiall legislative in character! If the president can create
municipalities, situations ma arise where he can submit local officials to his dictation b creating a new municipalit and
including therein the barrio wherein the officials preside, thus said officials- positions would suddenl becomes vacant!
&he power of control b the president over local government is denied b the 14@/ %onstitution
b! 2 Tan /. COMELEC #5) SCRA 9)9
Fa-,s: B!$! 0o! ../ was passed allowing for the creation of the province of 0egros del 0orte on the Island of
0egros! $etitioner $atricio &an claimed that B!$! no ../ violated +rticle MI, #ection @ of the %onstitution which states: F0o
province, cit, municipalit or barrio ma be created, divided, merged, abolished or its boundar substantiall altered,
e3cept in accordance with the criteria established in the local government code, and sub>ect to the approval b a ma>orit
of the votes in a plebiscite in the unit or units affectedG! #pecificall, the remaining areas in the province of 0egros
"ccidental were not allowed to participate in the plebiscite for the creation of 0egros del 0orte! $etitioner also claims the
proposed province of 0egros del 0orte failed to meet the reIuirements of #ec! 14= of the 8,% of 14.@, speciall that a
future province must have at least an area of @,/00 sI! km! 0egros del 0orte, $etitioner avers, is actuall onl 2,./5!/5 sI
km! ;espondent claims the issue was alread rendered moot and academic as the new province of 0egros del 0orte was
alread proclaimed! Moreover, the area of 0egros del 0orte is reall A,014!4/ sI km, since the waters falling under the
>urisdiction and control of 0egros del 0orte must be included in the total area of the province!
Hel(: &an is correct! &he plebiscite is declared null and void ;easons:
1? &he phrase Fsub>ect to the approval b a ma>orit of the votes in a plebiscite in the unit or units affectedG
must be construed to mean that the remaining areas in the province of 0egros "ccidental should have been allowed to
participate in the said plebiscite! &he reason is that cities belonging to 0egros "ccidental will be added to 0egros del
0orte, thus 0egros "ccidental-s land area will be dismembered! %ertainl, the people of 0egros "ccidental should have
been allowed to vote in the plebiscite as the are directl affected b the diminution in land si*e of their province!
2? + reading of the last sentence of the first paragraph of #ection 14= 8,% of 14.@ sas! F&he territor need
not be contiguous if it comprises 2 or more islandsG! &he use of the word SterritorG clearl reflects that the law refers onl
to the land mass and e3cludes the waters over which the political unit has control! In other words, 0egros del 0orte failed
to meet the reIuired land area of @,/00 sI! km for it to become a province!
b! @ Pare(es /. ECe-$,i/e Se-re,ar. #)< SCRA 3
Fa-,s: B virtue of B!$! Blg /5, certain barangas in the municipalit of Maoao, Ifugao held a plebiscite to
determine whether the want to constitute themselves into the new municipalit of +guinaldo! ,overnor 9osimo $aredes
et! al! however claimed that the rest of the barangas on Maoao should be allowed to participate in the plebiscite b
virtue of +rt! MI, #ec of the 14=@ %onstitution as the other barangas are also affected b the creation of the municipalit
of +guinaldo!
Hel(: $aredes is wrong! $resumption of constitutionalit should be applied in this case! B!$! Blg! /5 is a reflection of
local autonom on the part of the baranga wanting to constituent themselves into a new municipalit! #aid barangas
should be given leewa in becoming self(reliant communities! Moreover, the people in said barangas are the ones who
will constitute the new municipalit of +guinaldo, not the other barangas of Maoao e3cluded from B!$! Blg! /5
b! A M$n. '* Can(iIa.8 B''l /. Ca )1# SCRA #<)
Fa-,s: &he municipalit of %andi>a petitioned the ;&% of &agbilaran, Bohol, claiming that its boundar line actuall
covered barrio $agahat, since the municipalit of +licia claims to have current territorial >urisdiction over said barrio! &he
;&% awarded $agahat to %andi>a +licia appealed to the %ourt of +ppeals! &he %+ ruled in favor of +licia on the grounds
that 1? appling the rule of eIuiponderance of evidence Ba principle in %ivil $rocedure? with %andi>a as plaintiff and +licia
as defendant in the lower court, the court must rule in favor of the defendant! &he eIuiponderance of evidence rule states:
F6here the scale shall stand upon eIuipoise and there is nothing in the evidence which shall incline it to one side or the
other, the court will find for the defendant! Dnder said principle, the plaintiff must rel on the strength of his evidence and
not on the weakness of defendant-s claim! <ven if the evidence of the plaintiff ma be stronger than that of the defendant,
there is no preponderance of evidence on his side if such evidence is insufficient in itself to establish his cause of action!G
In this case, both municipalities failed to satisfactoril back their claims that the owned barrio $agahat: and 2? if
%andi>a-s boundar line claim was true, then not onl would the claim $agahat but also other certain barrios as well,
which would as a result, certainl e3pand %andi>a-s territor far beond than what the law allows her, %andi>a petitioned
is review on certiorari with the #%, claiming that 1? the %+ misapplied the eIuiponderance of evidence rule and 2? the
municipalit of +licia had no >uridical personalit, having been created under avoid <!"! B <!"! 0o!25/? since #ec! 5. of
the ;+% of 141= from which the said <!"! derived its authorit, was declared unconstitutional in $elae* v! +udition
,eneral B#ee III(b 1?!
Hel(: &he Municipalit of %andi>a is incorrect ;easons:
1! &he #% sees no need in reviewing the eIuiponderance rule as it was not arrived whimsicall or capriciousl b the
%+
2! &he Municipalit of +licia was created b virtue of <!"! 25/ in 14A4! 15 ears late when $elae* v! +uditor ,eneral
was promulgated! +nd et even after, various government acts, most notabl the recognition b the 14.= %onstitution of
+licia as one of the 20 municipalities of the &hird District of Bohol, indicate the #tate-s recognition and acknowledgement
of the e3istence thereof! +licia therefore, can claim the benefits of #ec! AA2 Bd? of the 8,% of 1441 which states
FMunicipal District organi*ed pursuant to presidential issuances and <!"! and which have their respective set of municipal
officials holding officials holding office at the time of the effectivit of the code shall henceforth be considered as regular
municipalities! #ec! AA2 Bd? is therefore a curative law in favor of +licia! &he ob>ection against it being a municipal
corporation should have been done before the 8,% was enacted in 1441!
b! / M$ni-ipali,. '* 6i!ene= /. Ba=8 6r. )31 SCRA #<)
0"&<: Dates in this case are important because essentiall 7imene* lost on account of the slow wheels of >ustice
Fa-,s: In 14A4, $resident Huirino issued <!"! 2/., creating the municipalit of #inacaban in the $rovince of
Misamis "ccidental! In 14.. b virtue of said <!"! #inacaban filed a claim with the provincial Board of Misamis "ccidental
against the municipalit of 7imene* territorial possession of about / barrios! 7imene* in its repl with the provincial Board
that same ear and later on with the ;&% in 1440, said that #inacaban had no >uridical personalit to file a suit because it
was created under a void <!"! as promulgated in $elae* +uditor ,eneral and 2? the disputed barrios belong to 7imene*
since in 14/0 the municipalities entered into an agreement dul approved b the $rovincial Board of Misamis "ccidental
back then which recogni*ed 7imene*-s >urisdiction over the disputed barrio in 1442, the ;&% ruled in favor of #inacaban
using as its basis the curative benefits of #ec! 2 of the 8,% of 1441! +ngril, 7imene* added in its petition with the
#upreme %ourt the ;&%-s decision was null and void because it failed to decide the case within one ear mandated b
the 8,% of 14.@ and the %onstitution!
Hel(: 7imene* is incorrect ;easons:
1! #inacaban can claim the benefits of #ec!AA2 Bd? of the 8,% of 1441, since various government acts through
the ears after the $elae* case of 145/ indicate the recognition b the ears after the $elae* case 145/ indicate the
recognition b the state of the municipalit of #inacaban, most notabl when the 14.= %onstitution recogni*ed #inacaban
as part of the 2
nd
District of Misamis "ccidental!
2! 6hatever agreement #inacaban and 7imene* entered into 14/0 must still conform with the territorial metes and
bounds set forth in <!"! 2/., otherwise the agreement in void B+ relocation surve was ordered but the results of the
surve was not stated in the case?
@! <ven granting that the ;&% was deliberatel slow, its decision is not rendered void! &he onl remed left would
be to file administrative sanctions against it!
b! 5 Men(enilla /. Onan(ia 1 SCRA 103
Fa-,s: In 14/A, the maor of the municipalit of 8egaspi appointed <milio Mendenilla as %hief of $olice! &hen, in
14/4, %ongress passed ;!+! 22@A converting the municipalit of 8egaspi into the %it of 8egaspi ;!+! 22@A provides that
the position of %hief of $olice of the cit of 8egaspi is to be appointed b the $resident! &herefore, when 7ose Manuel
"nandia was appointed b the $resident %it %hief of $olice, Mendenilla assailed the legalit of such a move, claiming
that his position as chief of police was not abolished when 8egaspi was converted from a cit to a municipalit 2? Dnder
;!+! //= his emploment status as %hief of $olice ma not be abolished e3cept in the manner specified in ;!+! //= and
@? &he %ivil #ervice 8aw guarantees his securit of tenure!
Hel(: Mendenilla is incorrect ;easons:
1! &he position of %hief of $olice of a municipalit is totall different from the position of the %hief of $olice of a cit!
&herefore, ;!+! 22@A abolished the position of municipalit %hief of $olice and replaced it with a cit %hief of police! In
support of this contention, the #upreme %ourt cited #ec! 45, +rticle MVII of the charter which provides that the %it Maor
the Vice Maor, etc! are allowed to continue in office upon the effectivit of the charter until the e3piration of their terms in
office! 0owhere does it mention the %hief of $olice in the said list of officials! <3pressio unius est e3clusio alterius!
2! 0otwithstanding both ;!+! //= and the %ivil #ervice 8aw, it is within the legal competence of %ongress to enact ;!+!
22@A! %ongress has the plenar power to make laws, meaning its power to make an kind of law is, in theor, unlimited!
Hui*: If the municipalit of a municipal >udge is converted into a cit, can the >udge continue to serve in the new citP
+nswer: Qes! + >udge is not a municipal official! )e does not derive his power or his appointment from a cit charter2 he
derives them from the %onstitution and other 8aws!
b! = Ma,a. /. CA 0)4 SCRA 940
0"&<: Don-t confuse %#D with %#%
Fa-,s: During his term, Maor Brigido #imon appointed 15 people to positions in the %ivil #ervice Dnit B%#D? of
the local government of Hue*on %it! #imon-s authorit to appoint was based upon $!D! /1! &he #ecretar of 7ustice
rendered an "pinion, stating that $!D! /1 was never published in the ,a*ette, therefore, conformabl with the &anada v!
&uvera ruling $!D! /1 never became law at all! &he %ivil #ervice %ommission B%#%? thus ordered the revocation of all
appointments in the %#D! )owever, the effects of such revocation were temporaril cushioned when the cit council
issued an ordinance creating the Department of $ublic "rder and #afet BD$"#?! +ll present personnel of the %#D, the
said ordinance stated are to be absorbed into the D$"#!
)owever, the regular positions in the D$"# never got filled due to insufficient number of said positions and lack
of funds!
#imon and later on his successor, Maor Ismael Matha, remedied the situation b offering the %#D personnel
contractual appointment! 6hen Matha refused to renew their appointments, the %#D personnel complained to the %#%!
&he %#% replied b issuing resolutions ordering the %#D personnel reinstated! Matha now asserts that the %#% cannot
order him to reinstate the said personnel as it is! In effect, giving the appointing power he possesses, as cit Maor to the
%#%!
Hel(: Matha is correct! ;easons:
1? 'irst of all, the law applicable is B!$! @@= or the old 8,% and not the 8,% of 1441 since the material events of the
case took place during the time of the old 8,%!
2? Dnder B!$! @@=, the power to appoint rests in the local chief e3ecutive in the case the Maor! 6hen the cit
council issued the ordinance allowing for the absorption of %#D personnel into the D$"#, it specificall made use of the
wordings F$resent $ersonnelG and not positions, thus the cit council arrogated upon itself the appointing power b
dictating who shall occup the D$"# positions! <ven in the local government level, the separation of powers must be
respected!
@? &he reasoning in no! 2 also applies to the %#%! &he %#% claims that b virtue of the ordinance enacted b the
cit council, the %#D personnel became regular emploees and such the have gained the protection of the %ivil #ervice
8aw! #uch reasoning is wrong because in the first place the %#D never e3isted at all, thus the were never part of the
%ivil #ervice to begin with! &hus when #imon and later on Matha offered them contractual appointments, the were at
the merc of the appointing power of the said maors, as the have the option not to renew their appointments
b! . Sa!s'n /. A7$irre8 0#1 SCRA 10
Fa-,s: ;!+! ./@/ was signed into law creating the %it of 0ovaliches out of 1/ barangas in Hue*on %it! Hue*on
%it councilor Moises #amson Iuestioned the constitutionalit of said ;!+! claiming that 1? certifications as to income,
land area and population of 0ovaliches were not presented during the deliberations that led to the passage of ;!+! ./@/
2? a certification attesting to the fact that the mother 8,D, Hue*on %it, would not be adversel affected b the creation of
0ovaliches cit in terms of income, land area and population, was also not presented @? a cop of the petition of
concerned barangas calling or the creation of %it of 0ovaliches was not presented to the Hue*on %it %ouncil, as
mandated b the Implementing ;ules of the 8,%, 1441 and A? ;!+! ./@/ failed to specif the seat of government of the
proposed %it of 0ovaliches as mandated b #ec! 11 Ba? of the 8,%, 1441!
Hel(: #amson is wrong! ;easons:
1! &he presumption of constitutionall of laws shall be applied in this case, meaning that #amson has burden of
proof to show that ;!+! ./@/ was unconstitutional! #amson did not present an proof that no certifications were presented
during the deliberations! +nd even granting that no certifications were indeed presented, the representatives of the D"',
0#", D<0; and even Hue*on %it maor Ismael Matha were present during the deliberations! &he official statements
attesting to the income, land area and population of 0ovaliches could serve the certifications contemplated b law
2! Matha was present during the deliberation! If Hue*on %it would ob>ect to the creation of the %it of
0ovaliches, he would be the first representative to do so! But he didn-t!
@! &he failure to provide the H% council a petition of concerned barangas calling for the creation of the %it of
0ovaliches is not fatal as such petition is meant onl to inform the H% council of such creation! 6ith the mass media
publici*ing the creation of the cit of 0ovaliches, #amson could not claim he was not informed of the proposed creation
A! &he failure of ;!+!./@/ to provide a seat of government for 0ovaliches is not fatal! #ec! 12 of the 8,%
provides that a government center shall be established b the 8,D as far as practicable! ,overnment centers can also
serve as seats of government!
/! &he fact that the %it of 0ovaliches was not included among the 1= cities and municipalities listed in the
ordinance attached to the 14.= constitution does not mean that a constitutional amendment is necessar in order for
0ovaliches to become a cit! &he ordinance attached to the %onstitution merel apportions the seat of the )ouse of
;epresentatives to the different legislative districts in the countr! 0owhere, does it provide that Metro Manila shall be
forever composed of 1= cities and municipalities!
0"&<: the proposed %it of 0ovaliches was later voted down in a plebiscite held for that purpose
C. H'& are eCis,in7 s$"-pr'/in-es -'n/er,e( ,' pr'/in-esF
T #ec! 10 8,%: Plebiscite e!uirement! 0o creation, division, merger, abolition or substantial alteration of
boundaries of 8,Ds shall take effect unless approved b a ma>orit of the voted cast in a plebiscite called for the purpose
in the political unit or units directl affected! #aid plebiscite shall be conducted b the %"M<8<% within 120 das from the
date of effectivit of the law or ordinance effecting such action, unless the law or ordinance fi3es another date!
T #ec! A52 8,%: <3isting #ub(provinces <3isting sub(provinces are hereb converted into regular provinces upon
approval of the voters cast in a plebiscite to be held in the said sub provinces and the original provinces directl affected!
&he plebiscite shall be conducted b the %"M<8<% simultaneousl with the national elections following the effectivit of
this code!
&he new legislative district created as a result of such conversion shall continue to be represented in %ongress b
the dul elected representatives of the original districts out of which said new province or districts were created unit their
own representative shall have been elected in the ne3t regular congressional elections and Iualified
&he incumbent elected officials of the said sub(provinces converted into regular provinces shall continue to hold
office until 7une @0, 1442! +n vacanc occurring in the offices occupied b said incumbent elected officials, or resulting
from e3piration of resulting from e3piration of their terms of office in case of negative votes in the plebiscite results, shall
be filled b appointment b the $resident! &he appointees shall hold office until their successors shall have been elected
in the regular local elections following the plebiscite mentioned herein and Iualified! +fter effectivit of such conversion,
the $resident shall fill up the position of governor of the newl created province through appointment if none has et been
appointed to the same as hereinbefore provided, and shall also appoint a vice governor and other members of the
#anggunian $anlalawigan, all of whom shall likewise hold office unit their successors shall have been elected in the ne3t
local election and Iualified!
+ll Iualified appointive officials and emploees in the career service of the said sub(provinces at the time of their
conversion into regular provinces shall continue in accordance with civil service law, rules and regulation!
% 1! Grin' /. COMELEC8 )#0 SCRA 39)
Fa-,s: $ursuant to #ec! A52, 8,%, a plebiscite to determine whether the sub(province of ,uimaras Bits mother
province was Iloilo? wants to become a regular province was held simultaneousl with the Ma 11, 1442 elections! &he
participants in the said plebiscite were the residents of Iloilo Be3cept Iloilo cit? and the @ municipalities of ,uimaras!
#urprisingl, the ballots issued in the said @ municipalities did not provided an space for the election of governor, vice(
governor and the members of the #angguniang $anlalawigan of the province of Iloilo! 8D$ Iloilo governor(candidate
#implicio ,rino claims that the %"M<8<% erred in not allowing the said @ municipalities to vote for the provincial officials
of Iloilo, since at the time of the plebiscite ,uimaras was still a sub(province of Iloilo! ,rino sas if ,uimaras voted for
regular FprovincehoodG then there would have been no need for them at all to vote for the provincial officials of Iloilo! But
what if ,uimaras votes to remain as a sub(provinceP #hould special election be held for the @ municipalities so that the
can vote for the provincial official of IloiloP
Hel(: "bviousl, ,rino-s petition was rendered moot and academic when ,uimaras voted to become regular
province! Besides it-s too late to undo what %"M<8<% has done! If ,uimaras did vote to remain as a sub province,
,rino-s petition would have been meritorious!
D. C'n/ersi'n '* a -'!p'nen, -i,. in,' a i7l. $r"ani=e( -i,. an( re-lassi*i-a,i'n ?i!ple!en,in7 R$les an(
re7$la,i'ns8 LGC@.
T Ar, #) C'n/ersi'n '* a -'!p'nen, -i,. in,' a i7l. $r"ani=e( -i,.
a? ReG$isi,es *'r -'n/ersi'n! + component cit shall not be converted into a highl urbani*ed cit unless the
following reIuirements are present:
1! Income latest annual income of not less than $/0M based on 1441 constant prices, as certified b the cit
treasure! &he annual income shall included the income accruing to the general fund e3clusive of special funds, transfers
and non(recurring income and
2! $opulation, which shall not be less than 200,000 inhabitants as certified b 0#"!
b? Pr'-e($re *'r -'n/ersi'n:
1! ;esolution! &he interested component cit shall submit to the office of the $resident a resolution of its
#anggunian adopted b a ma>orit of all it-s members in a meeting dul called for the purpose, and approved and
endorsed b the cit maor! #aid resolution shall be accompanied b certifications as to income and population
2! Declaration of conversion! 6ithin @0 das from receipt of such resolution, the $resident shall, after verifing
that the income and population reIuirements have been met, declare the component cit as highl urbani*ed
@! $lebiscite! 6ithin 120 das from the declaration of the $resident or as specified in the declaration, the
%"M<8<% shall conduct a plebiscite in the cit proposed to the converted such plebiscite shall be preceded b a
comprehensive information campaign to be conducted b the %"M<8<% with the assistance of national and local
government officials, media, 0,"-s and other interested parties!
c? E**e-, '* -'n/ersi'n
&he conversion of a component cit into a highl(urbani*ed cit shall make it independent of the province where it
is geographicall located
;eclassification B#ee cases below and III(e?
d! 1 Ceni=a /. COMELEC 21 SCRA 930
Fa-,s: on Dec! 22 14=4, the interim Batasang $ambansa enacted B!$! Blg! /1 providing for local elections on 7an
@0, 14.0! Its section @, the sub>ect of controvers, reads as follows:
333 Dntil cities are reclassified into highl urbani*ed and component comes in accordance with standard
established in the 8,% as province for in +rt MI, #ec A B1? of the %onstitution! +n cit now e3isting with an annual regular
income derived from infrastructure and general funds of not less than $A0M at the time of the approval of the act shall be
classified as a highl urbani*ed cit! +ll other cities shall be considered components of the provinces where the are
geographicall located! 333 &he registered voters ma be entitled to voter in the election of the official of the province of
which that cit is a component! If it-s charter so provides! )owever, voters in a highl urbani*ed cit, as hereinabove
defined shall no participate nor vote in the election of the official of the province in which the highl urbani*ed cit is
geographical located!
;obert %eni*a et!al! filed a case as ta3 paers and registered voters in the cities of %ebu ad Mandaue assailing
#ec! @ #peciall, the Iuestioned the use of annual income of a given cit as basis for classification of whether or not a
particular cit is a highl urbani*ed cit whose voters ma no participate in the election of provincial officials of the
province in which the cit is geographicall located! %eni*a and his fellow goons claim #ec!@ regulates the e3ercise of
freedom of suffrage and violates the eIual protection of the law! Moreover, the attacked ;!+! //14 the law creating the
%it of Mandaue, which went to effect without the benefit of ratification b the residents of Mandaue in the plebiscite or
referendum! &he particularl cited the charter-s provision dening Mandaue the right to participate in provincial elections!
Hel(: %eni*a et! at! is mistaken! ;easons:
1! &he thrust of the 14=@ %onstitution is towards the fullest autonom of 8,D-s %orollar to independence
however, is the concomitant loss of right to participate in provincial affairs, more particularl the selection of elective
provincial officials since these provincial officials have ceased to e3ercise an government >urisdiction and authorit over
said cit!
2! ;egular annual income of a given cit is substantial distinction for classification! &he revenue of a cit would
show whether or not it is capable of e3istence and development as a relativel independent economic, social and political
unit! &hus, the eIual protection of the laws in not violated!
@! 'reedom of suffrage is not imperiled since the %onstitution does not give the cit voter the right to participate in
provincial elections for territorial reasons
A! &he cit of Mandaue came into e3istence! In 1454, the constitutional reIuirement that the creation, alteration,
etc! of a cit, province, etc! is sub>ect to a plebiscite onl came into being when the 14=@ %onstitution was enacted and
therefore cannot be applied retroactivel!
d! 2 T'"ias /. A"al's )02 SCRA #43
Fa-,s: ;obert &obias, et! al! invoking their right as ta3paers and as residents of Mandaluong %it, assailed the
constitutionalit of ;!+! 0o! =5=/, known as F+n act %onverting the %it of Mandaluong into a )ighl urbani*ed cit
known as the %it of Mandaluong!G &he cited, among others, +rt! VIll, #ec! A4 of ;!+! =5=/, which provides that F+s a
highl urbani*ed cit, the %it of Mandaluong shall have its own legislative district with the first representative to be
elected in the ne3t national elections after the passage of this +ct! &he remainder of the former legislative district of #an
7uanKMandaluong shall become the new legislative district of #an 7uan with its first representative to be elected at the
same regionG #aid provision &obias claims is not germane to the title of ;!+! =5=/ thus being contrar to the one title(one
sub>ect rule since it creates a legislative district whereas the title e3pressl provides onl for the conversion of
Mandaluong into highl urbani*ed cit! +lso, &obias, et! al! contend that the people of san 7uan should have been made
to participate in the plebiscite as the same involves a change in their legislative district!
Hel(: &obias, et!al! are grossl erroneous ;easons:
1! &he creation of a new legislative district is a natural logical conseIuence of its conversion into a highl
urbani*ed cit!
2! &he contention that the people of #an 7uan should have been made to participate in the plebiscite on ;!+!
=5=/ as the same involved a change in their legislative district is benefit of merit! &he reason is that the principle sub>ect
involved I the plebiscite was the conversion of Mandaluong into a highl urbani*ed cit! &he matter of separate district
representation was onl ancillar thereto! &hus the inhabitants of #an 7uan were properl e3cluded from the said
plebiscite as the have nothing to do with the changed in status of neighboring Mandaluong! B&his argument is rather
strange for me?!
d!@ Miran(a /. A7$irre 0#5 SCRA 340
Fa-,s: "n Ma /, 144A ;!+! ==20 was passed converting the municipalit of #antiago, Isabel into an independent
component cit! "n 'eb 1A, 144. ;!+! ./2. was passed amending ;!+! ==20 on 2 points: 1 #ec! 2 of ;!+! ==20 is
hereb amended b deleting the words, Fan independentG so that the municipalit of #antiago will be converted into a
component cit onl and 2? the voters of #antiago could now vote again for the provincial officials of the province of
Isabela! 7ose Miranda, the maor of #antiago and other petitioners assailed the constitutionalit of ;!+! ./2.! )e sas
that said law lacks the provision reIuiring that the plebiscite be held for its ratification! +le3ander +guirre, the <3ecutive
#ecretar and other respondents on the other hand countered that B1? Miranda et! al! had no standing to file their petition
2? the issue is a political Iuestion and @? ;!+! ./2. did not created divide, etc or after an boundaries of #antiago it
merel reclassified #antiago from an independent component cit into a component cit!
Hel(: +guirre and his cohorts are gravel mistaken! ;easons:
1! Miranda had standing, he field the petition in his capacit as maor of #antiago!
2! &he issue is >usticiable, $etitioners assail the constitutionalit of ;!+! ./2., since it runs contrar to article M,
#ec 10 of the 14.= %onstitution! &he court has the power to decide the constitutionalit of an law!
@! &he reclassification will downgrade #antiago-s status from an independent component cit into a component
cit! 'ar reaching changes will then take place! Its political independence will diminish! &he cit maor will be placed
under the administrative supervision of the provincial governor! "rdinance and resolution passed b the cit council of
#antiago will have to be reviewed b the $rovincial Board of Isabel! &a3es collected b the cit would then be shared with
the province! +ll these changes merit the need of a plebiscite so that the people at #antiago can air their side on the
issue! Moreover, if a plebiscite can be held for the upgrading of an 8,D, should not a plebiscite be held for its
downgrading as wellP
0"&<: Mendo*a-s strong dissent was anchored on +rt! M #ec! 10 of the 14.= %onstitution! #aid section refers to
alteration of boundaries of #antiago were substantiall altered nor an of its income, population or land area been
radicall changes #antiago was neither recreated into another 8,D nor abolished, much less its boundaries alter! B&his
good >ustice is impling the reclassification was administrative in nature!

E. Classi*i-a,i'n '* pr'/in-es8 -i,ies an( !$ni-ipali,ies ?Rea( E.O. 052@
&his act is entitled Fproviding for a new income classification of provinces, cities and other municipalitiesG $ertinent
provisions include:
#ec! 1! %lassification of provinces and cities! $rovinces and cities e3cept Manila and Hue*on %it, which shall be
considered as special class cities, are hereb divided into 5 main classes according to the annual average income the
actuall reali*ed during the last A calendar ears immediatel preceding as follows: a? 'irst class $@0M or more b?
#econd class $20M($@0M2 c? &hird class $1/M($20M2 d? 'ourth class $10M(1/M, e? 'ifth class $/M(10(M2 f? #i3th class
less than $/M
#ec! 2! %lassification of Municipalities 3 3 3 according to the annual average income the actuall reali*ed during the
last A calendar ears immediatel preceding as follows2 a? 'irst class, $1/M or more b? second class, $10M(1/M c? &hird
class, $/M(10M d? fourth class $@M($/M e? 'ifth class, $1M(@M f? #i3th %lass, less than $1M!
#ec! @! $eriod of ,eneral ;eclassification of $rovince, %ities and Municipalities! Dpon the effectivit of this <!"! and
for each period of A consecutive calendar ears thereafter, the #ecretar of 'inance shall reclassif the all provinces,
cities, e3cept Manila and Hue*on %it, 6hich shall remain as special class cities, and municipalities, on the basis of the
foregoing schedules of the average annual income of each province, cit or municipalit derived during the last A
consecutive calendar ears immediatel such reclassification according to the provisions hereof!
#ec! A! Definition of &erms! +s used this <!"!
a! +nnual Income revenues and receipts reali*ed b provinces, cities and municipalities from regular sources of the
local general and infrastructure funds including the internal revenue and specific ta3 allotments provided for in $Ds 1AA
and A@5, both as amended but e3clusive of non(recurring receipt, such as other national ads, grants, financial assistance,
loan proceeds, sales of fi3ed assets and similar others
b! +verage annual income( sum of the Fannual incomeG( sum of the F+nnual IncomeG as herein defined actuall
obtained b a province, cities and municipalities!
#ec! / Dse of income classification of provinces, cities, and municipalities! 333 as basis for: a? 'i3ing of ma3imum ta3
ceiling imposable b the local government b? Determination of statutor and administrative aids, 'inancial grants and
other forms of assistance to local government c? <stablishment of salar scales and rates of allowances per diems, and
other emoluments that local government officials and personnel ma be entitled to d? Implementation of personnel policies
on promotions, transfers, details or secondment, and related matters at the local government levels e? formulation and
e3ecution of local government budget policies and f? Determination of the financial capabilit of local government units to
undertake development programs and priorit pro>ects
0"&<: &here are = more sections, mainl on salaries and ta3es( ou know, was to put more mone into the
pocket of our bureaucrats
F. Se,,le!en, '* "'$n(ar. (isp$,es? Se-. ##<8 LGC8 Se- #1-#28 IRR@
T #ection 11.! 7udicial ;esponsibilit for settlement of Boundar Dispute! Boundar dispute between and among
8,Ds shall, as much as possible! Be settled amicabl! &o this end:
a! Boundar disputes involving 2 or more barangas in the same cit or municipalit shall be referred for
settlement to the #angguniang $anlungsod #angguniang Baan concerned!
b! Boundar disputes involving 2 or more municipalities within the same province shall be referred for settlement
to the #angguniang $anlalawigan concerned!
c! Boundar dispute involving municipalities or component cities of different provinces shall be >ointl referred for
settlement to the #angguniang of the province concerned!
d! Boundar dispute involving a component cit or municipalit on the one hand and a highl urbani*ed cit on the
other or 2 or more highl urbani*ed cities, shall be >ointl referred for settlement to the respective #angguniang of the
parties
e! In the event the #angguniang fails to present an amicable settlement within 50 das from the date the dispute
was referred thereto, it shall issue a certification to that effect! &hereafter the dispute shall be formall tried b the
#angguniang concerned which shall decide the issue within 50 das from the date of the certification referred to above!
T#ec! 1/ definition and polic! &here is a boundar dispute when a portion or a whole of the territorial area of an
8,D is claimed b 2 or more 8,Ds! Boundar disputes between or among 8,Ds shall, as much as possible, be settled
amicabl!
T #ec!15 7urisdictional ;esponsibilit! Boundar disputes shall be referred for settlement to the following:
a! #angguniang $anlungsod or #angguniang for those involving 2 or more barangas in the same cit or
municipalit as the case ma be!
b! #angguniang $anlalawigan for those involving 2 or more municipalities with in the same province!
c! 7ointl, to the #anggunian of provinces concerned, for those involving component cities or municipalities of
different provinces!
d! 7ointl, to the respective #angguniang for those involving a component cit or municipalit and highl urbani*ed
cit of 2 or more highl urbani*ed cities!
T #ec! 1= $rocedures for settling Boundar Disputes the are 1? filing of petition 2? contents of petition @?
documents attached to petition Be!g! provincial, cit or baranga map as the case ma be technical description of the
boundaries of the 8,Ds concerned A? 7oint hearing /? failure to settle amicabl Ba certification shall be submitted to the
effect 5? Decision =? +ppeal B&o the proper ;&%?
T#ec 1.! Maintenance of #tatus Huo! $ending final resolution of the dispute, the status of the affected area prior
to the dispute shall be maintained and continued for all purposes!
T #ec 14! "fficial %ustodian! &he DI8, shall be the official custodian of all documents on boundar disputes of
8,Ds!
f 1! Ci,. '* Pasi7 /. COMELEC e,.al. 0#5 SCRA #92
Fa-,s: 2 petitions were raised b the %it of $asig and the municipalit of %ainta respectivel! Both Huestioned
the priorit of the suspension of the scheduled plebiscites for the proposed creation of Baranga 1arangalan and
baranga 0apico Bpursuant to 2 ordinances passed b both cities? %ainta had contended that the proposed barangas
involve areas included in the boundar dispute between her and $asig2 hence the suspension of the scheduled plebiscites
is >ustified! $asig however contends otherwise! Despite this, the %"M<8<% ruled against %ainta and the plebiscite for the
creation of baranga 0apico pushed through! &he core issues now are 1? whether or not the said baranga dispute is a
pre>udicial Iuestion which must be resolved before an plebiscite can be held and 2? 6hether the plebiscite alread
conducted ratifing the creation of Baranga 0apico has rendered the issue as to it moot and academic!
Hel(: %ainta is correct! ;easons
1! $asig cannot den that there is a pending boundar dispute between her and %ainta #urel, whether the area
in controvers shall be decided as within the territorial >urisdiction of the Municipalit of %ainta or the %it of the $asig has
material bearing to the proposed baranga 1arangalan and 0apico! &he importance of drawing with precise strokes the
territorial boundaries of an 8,D cannot be overemphasi*ed! &he boundaries must be clear for the define the limits of the
territorial >urisdiction of an 8,D! It can legitimatel e3ercise powers of government onl within the limits of its territorial
>urisdiction! Beond these limits, its acts are ultra vires! 0eedless to state, an uncertaint in the boundaries of 8,Ds will
sow costl conflicts in the e3ercise of government powers which will ultimatel the people-s welfare!
2! +s was done before in &an v! %"M<8<%, the plebiscite alread conducted for the creation of Baranga 0apico
can be annulled and set aside!
)eld: #% held that the plebiscite should be held in abeance!
f! 2 DI8, "pinion 0o! 151(144A Bstill to search?
G. Na!in7 '* LGU na!in7 '* LGUs an( p$"li- pla-es8 s,ree,s an( s,r$-,$res
T #ec 1@, 8,%, +rt 20(2@, I;;
a! &he #angguniang $anlalawigan ma in consultation with the $hilippine )istorical %ommission B$)%?, change
the name of the following within territorial >urisdiction:
1! %omponent cities and municipalities upon the recommendation of the #angguniang concerned!
2! $rovincial roads, boulevards, avenue, thoroughfares and bridges
@! $ublic vocational or technical school and other post(secondar and tertiar schools
A! $rovincial hospitals, health centers and other health facilities
/! +n other place or building owned b the provincial government!
b! &he #angguniang of highl urbani*ed cities and of component cities whose charters prohibit their voters from
voting for provincial electrical officials, hereinafter referred to in this code as independent component cities ma in
consultation with the $)% change the name of the following within its territorial >urisdiction:
1! %it barangas, upon the recommendation of the #angguniang baranga concerned!
2(/ essentiall the same as Ba? nos! 2(/ above e3cept onl to those within its territorial >urisdiction!
c! &he sanggunians of component cities and municipalities ma, in consultation with its territorial!
d! 0one of the foregoing 8,Ds institutions, places, or buildings shall be named after a living person nor a change
of name be made unless for a >ustifiable reason and in an case not oftener than once ever 10 ears! &he name of an
8,D or a public place, street or structure with historical, culture or ethic significance shall not be changed, unless b a
unanimous vote of the sanggunian concerned and in consultation with the $)%!
e! + change in name of a public school shall be made onl upon the recommendation of the local school board
concerned!
f! + change in name of public hospitals, health centers, and other health facilities shall be made onl upon the
local board concerned!
g! In an change of name, the office of the president, the representative of the legislative district concerned and
the bureau of posts shall be notified!

0ote: 8etters Bd? to Bb? are the limitations in the change of name of a local government unit institution or places or
buildings!
T +rt! 20(22 I;; &hese articles are essentiall copied from sec 1@ Ba? Bb? and Bc?,8,% #ee for ourself
T Ar,.)08 IRR G$i(elines an( li!i,a,i'n
a! 0o name of 8,Ds, public places, street and structures with historical, culture or ethnic significances shall be
changed, unless with unanimous vote of the sanggunian and in consultation with the 0ational )istorical Institution B0)I?!
b! 0o change in the name of an 8,D shall be effective unless ratified in a plebiscite called for that purpose!
c! 0aming shall be sub>ect to the following conditions:
1! 0aming after leaving person shall be not followed!
2! + chance in the name shall onl be for a >ust able reason!
@! +n change shall not be made more than once ever ten ears!
A! + chance in name of a local public school shall be made upon the recommendation of the school board!
/! + chance in name of local public hospital, health center and other health facilities onl upon the
recommendation of the local school board!
5! &he whole line of the street shall have onl!
=! &he name of the famil in a particular communit whose members contributed significantl to the welfare of the
'ilipino people mabe used!
d! &he office of the president, the representative of the legislative district concerned, and the postal service shall
be notified of an change in name of 8,Ds, public places, streets and structures
H. R$les '* in,erpre,a,i'n8 ?Se- 18 LGC@
T#ec! /! ;ules of Interpretation! In the interpretation of the provisions of this %ode, the following rules shall appl:
a! +n provision on a power of local government shall be liberall interpreted its favor, and in case of doubt, an
Iuestion thereof shall be reserved in favor of devolution of powers and the lower 8,D! +n and reasonable doubt as to
the e3istence of the power shall be interpreted in favor of 8,D concerned!
b! In case of doubt, an ta3 ordinance or revenue measure shall be construed strictl against the 8,D enacting it,
and liberall in favor of the ta3 buer! +n ta3 e3emption, relief of incentive granted b an 8,D pursuant to the provisions
of this code shall be construed strict against the person claiming it!
c! &he general welfare provision of this code shall be liberall interpreted to give more powers 8,Ds in
accelerating economic development and upgrading the Iualit of life for the people in the communit!
d! ;ights and obligations e3isting on the effective of this code and a rising out contact or an other source of
presentation involving an 8,D shall be governed b the original terms conditions of contracts or the law in force at the
time such rights were vested!
e! In the resolution of controversies arising under this code where no legal provision of >urisprudence applies,
resort ma be had to the customers and traditions of the place where the controversies took place!
h!1 Prin-iple '* (e/'l$,i'n ?See Se- #9 A5B ?-@ an( ?i@ LGCJ
T #ec 1=, 8,%! Basic #ervices and 'acilities!
a! 8,Ds shall endeavor to be self(reliant and shall continue e3ercising the powers and discharging the duties and
functions currentl vested upon them! &he shall also discharge the functions and responsibilities of national agencies
and offices devolved to them pursuant to this code! 8ocal government shall likewise e3ercise such other powers and
discharge such other functions and responsibilities as are necessar appropriate or incidental to efficient and effective
provision of the basic services and facilities enumerated herein2
UAV 'or a cit
+ll the services and facilities of the municipall and province, and in addition thereto, the following:
a! +deIuate communication and transportation facilities!
b! #upport for education, police and fire services and facilities
b! 0ational agencies or offices concerned shall devolve to 8,Ds the responsibilit for the provision of basic
service and facilities enumerated in this section within si3 months from the effect of this code
+s used in this code the term devolution refers to the act b which the 0ational ,overnment confers power and
authorit upon the various 8,Ds to perform specific functions and responsibilities!
c! &he devolution contemplated in this %ode shall include the transfer to 8,Ds of the records ,eIuipment, and
other assets and personnel of national agencies and offices corresponding to the develop powers, function and
responsibilities personnel of said national agencies or office shall be absorb b the local government units to which the
belong or in whose areas the are assigned to the e3tend that it is administrativel viable as determined b the said
oversight communit $rovided, &hat the right accorded to such personnel pursuant to civil service law, rules of similar
regulation shall not be impaired $rovided for their, &hat regional directors who are career service e3ecuted officers and
other officers of similar rank in the said regional offices who cannot be absorbed b the 8,D shall be retained b the
0ational ,overnment, without an revolution of rank, salar or tenure!
h! 2 Ba($a /. C'r(illera B'('n7 A(!inis,ra,i'n8 25 SCRA #4
'acts: In 1445!David Huema as the owner of 2 parcels of land in 8acaga, 8umaba, Villaviciosa, +bra mortgaged
said parcels of land of 5,000 to Dra! <rotida Valera! )e was able to redeem the land of 22 ears later, long after Dra!
Valera had alread died! )e allegedl was able to pa the redemption price of Dra! Valera-s heir! #pouses 8eonor and
;osa Badua alleged however that Dra! Valera sold the land to her while she was still alive! )owever, ;osa could not
produce the deed of sale because it was allegedl in the possession of Vice(governor Benesa!
+s Huema was prevented b ;osa from cultivating the land, Huema, instead of filling a case with the provincial
courts, filed it instead with the Maeng &ribal %ourt of the %ordillera Bondong +dministration B%B+? In 14.4, &he tribal
court rule in favor of Huema when the Baduas refused to vacate the sub>ect land, the Bthe Baduas? received a warning
order from the %ordillera $eople-s 8iberation +rm! &he Baduas the felid a special and e3traordinar relief with the #%,
which was dul treated as a petition for certiorari and prohibition, Iuestioning the >urisdiction and legal personalit of the
Maeng &ribal %ourt, the %B+ and the %$8+!
Hel(: &he petition is that the %ordillera +utonomous ;egion B%+;? never came into legal e3istence as a
conseIuence of the "rdillo v! %"M<8I% ruling! +s a result, the Maeng &ribal %ourt was not constituted into an advisor or
special court under ;! +!5=55! Instead, it is >ust an ordinar tribal court with mere advisor and conciliator power to make
peace, settle and compromise! #uch courts are not considered part of $hilippine >udicial sstem! B analog to the
pangkat or conciliator panels created under $!D!1/0., if the Badua had failed to seasonabl repudiate the Maeng &ribal
%ourt-s decision, said decision would have had the force and effect of a final >udgment in court! +s was shown, the
Baduas did file a timel petition with the #%!
IV. PO:ERS OF MUNICAL CORPORATION ?MC@
A. S'$r-es '* P'&er
1! %onstitution of a state
2! #tatutes of a state including a? those applicable to all municipal corporation or to the class to which the
particular municipal corporation belongs and b? special act of the legislature, as far as authori*ed, applicable to the
particular municipal corporation!
@! &he charter
A! Doctrine of inherent right of self(government with respect to certain municipal matters Bapplicable to states
which adhere to it?!
B. Classi*i-a,i'n '* P'&er
#.@ ECpress8 i!plie( an( ineren, p'&er
a! <3press ( those granted in e3press word b the special charter or the general law under which
corporation is organi*ed!
b! Implied( those granted which arise b natural implication from the granted of e3press power or b
necessar inference from the purposes or function of the corporation Be!g! an ordinance to prevent fires necessaril
carries with it the authorit to chase fire trunks?!
c! Inherent(those which are necessar and inseparable from ever corporation, and which come into
e3istence as a matter of course as soon as an M% is created the are:
1! &o have perpetual succession
2! &o sue and be sued, implead, grant and receive b its corporation name and other acts as a >udicial
person
@! &o make b laws and ordinances for the government of the corporation!
A! &o make and ordinance for the government of the corporation!
0ote: Dsuall these so(called inherent powers are e3pressl provided in M%s charter!
2!? Le7isla,i/e an( eCe-$,i/e p'&ers
a! 8egislative C authorit to make laws
b! <3ecutive C authorit to enforce laws
0"&<: &he test to determine what is legislative and what is administrative is whether the ordinance is one
making a new or one e3ecuting law alread in e3istence! &he former is legislative2 the latter-s e3ecutive!
@!? In,ra!$ral an( eC,ra!$ral p'&ers
1!? Intramural C those e3ercised within the corporate limits of a municipal corporation!
2!? <3tramural C those e3ercised without like those given for the protection of water suppl, prevention of
0uisance, and also for police purposes!
A!? G'/ern!en,al an( !$ni-ipal p'&ers
1!? ,overnmental C those e3ercised b the corporation in administering the powers of the state and promoting the
public welfare within! &he include those which are legislative, >udicial, public and political! #pecific e3amples are:
+dministration of >ustice, police power2 eminent domain2 promotes public education2 fire prevention and safet2 and all
other powers to be e3ercised b the M% as an agent the #tate, for the benefit of the public or of the e3ercise of which the
corporation receives consideration!
2!? Municipal C those e3ercised for the specified benefits and advantage of the urban communit and the include
those which are ministerial, preemptor, private and corporate plans of which the corporation receives no compensation!
/!? !an(a,'r. an( (is-re,i'nar. p'&ers
a!? Mandator C those the e3ercise of which are reIuired of municipal corporations!
b!? Discretionar C those which the corporations ma perform or not depending upon own >udgment and
discretion!
III. +in(s '* P'&ers
A. P'li-e P'&er ?General :el*are Cla$se@ an( ,e li!i,a,i'ns 'n ,e eCer-ise ?Se-. #38 LGC@
1! $olice $ower C the power to prescribe regulations to promote health, moral, peace, education, good order or
safet and general welfare of the people! It is the most essential insistent and illimitable of power! It is elastic and must be
responsive to various social conditions! $olice power is inherent in the #tate but not in municipal corporations! In order
that a municipalit corporation ma e3ercise police power, there must be a legislative grant which necessaril also sets
limits for the e3ercise of the power!
2! ,eneral 6elfare %lause B#ec! 15, 8,%? <ver 8,D shall e3ercise the power e3pressl granted, those
necessaril implied there from, as well as the powers necessar, appropriated incidental for its efficient and effective
governance, and those which are essential to the promotion of general welfare! 6ithin their respective territorial
>urisdictions, 8,D-s shall ensure and support among other things, he preservation and enrichment of culture, promote
health and safet, enhance the right people to balanced ecolog, encourage and support the development of appropriate
the self(reliant scientific and technological capabilities, improve public morals, enhance economic prosperit and social
>ustice, promote full emploment among their residents, maintain peace and order and preserve the comfort and
convenience of their inhabitant!
@! 8imitations on the e3ercise ( a police power measure ma be struck down as invalid if it does not meet tests a!?
&he interest of the public generall, as distinguish from those of a particular class, reIuires the e3ercise of the police
power and b!? &he means emploed are reasonabl necessar for the accomplishment of the purpose and not undul
oppressive upon individuals!
#. Bina. . D'!in7' )4# SCRA 14<
Fa-,s: "n #ept 2=, 14.., the Municipalit of Makati, through its %ouncil, approved ;esolution 0o! 50, which
provided for a burial assistance program b the office of the maor! #aid program aims to e3tend financial assistance of
$/00 to bereaved families whose income does not e3ceed $2, 000! &he %ommission on +udit B%"+? disapproved ;es!
0o! 50 on the grounds that the said resolution 1!? did not have an obvious or real connection to the public safet, health,
morals or general welfare in order to be sustained as a legitimate e3ercise of police power2 and 2!? said resolution onl
benefits few individuals when it should benefit the inhabitants of the municipalit as a whole! Maor 7e>omar Bina now
petitions the #% that the ;esolution be declared a valid e3ercise of the police power!
Hel(: &he %"+ is wrong ;easons:
1! %"+ tried to redefine for itself the meaning of police power! $olice power is not capable of an e3act definition! It
is not limited to peace, order, morals and all the crap but is broadened to deal with conditions which e3ists so as to bring
out of them the greatest welfare of the people b promoting public convenience or general prosperit, and everthing
worthwhile for the preservation of comfort of the inhabitants of the corporation! Bwow?
2! %"+ is not attuned to the changing times! $ublic purpose is not unconstitutional merel because it incidentall
benefits a limited number of persons! &he drift is toward social welfare legislation geared towards state policies to provide
adeIuate social services, the promotion of the general welfare, social >ustice, as well as human dignit and respect for
human rights!
). A!eri-an Mail Line /. Ci,. '* Basilan ) SCRA 042
Fa-,s: "n #ept! 12, 14//, the %it %ouncil of Basilan %it enacted "rdinance 0o! 1.0, amending &itle Iv,
"rdinance 0o! =, which read as follows: F+rticle IV ;egulation of berthing, mooring, docking and anchoring at piers or
wharves at an point within the %it of Basilan and for anchoring at an open ba, channel or an point within the
territorial waters of the %it of Basilan!G "rdinance 0o! 1.0 also added a new paragraph as an amendment with read:
F+n foreign vessel engaged in otherwise trade which ma anchor at an open ba, channel or an loading point within
the territorial limits of the %it of the %it of Basilan for the purpose of unloading logs or passengers and other cargoes
shall pa an anchorage fee of E centavo B$0!/0? per registered gross ton of the vessel for the first 2A hours or part of
thereof and for succeeding hours part thereof, provided that ma3imum charge shall not e3ceed $=/ per da, irrespective
of the greater tonnage of shippage!G
#everal foreign shipping companies, including +merican Mail 8ines Iuestioned the validit of such an ordinance
with regards to the right of %it of Basilan to impose such a fee! &he %it of Basilan answered that heir power to enact
such an ordinance is based on a cit-s e3ercise of its revenue raising or of its police power! &o support their contention,
Basilan presented their %harter B;!+! 2..? which states: F#ec! 1A ,eneral $owers and Duties of the %ouncil! <3cept as
otherwise provided b law, and sub>ect to the conditions and limitations thereof, the %ouncil, the %ouncil shall have the
following legislative powers: a!? &o lev and collects ta3es for general and special purposes in accordance with law 3 3 3
c? &o enact ordinances for the maintenance and preservation of peace and good morals 3 3 3 v? fi3 the charges to be paid
b all watercraft at or using public wharves, docks, levees, or landing places! Moreover, Basilan said the fees in Iuestion
are for a regulator purpose, the reason being the island is a potential haven for smugglers and other illegal activities Bthe
understatement of the centur?! 6ho is correctP
Hel(: +merican Mail 8ine is correct ;easons:
1! 'irst of all, the phrase, in accordance with the law in #ec! 1A a!? of the %harter means that the %it of Basilan is
not given a blanket ta3ation power!
2! It is automatic that the power to regulates as an e3ercise of police power does not include the power to impose
fees for revenue purposes! &hereof, Basilan-s claim that "rdinance 0o! 1.0 is for a regulator purpose and not >ust for
revenue purpose won-t save said "rdinance from invalidit! Moreover, the ma3imum charge of $=/ is more than what the
0ational ,overnment imposes for harbor fees!
@! Basilan-s %harter also grants Basilan the power to fi3 charges to be paid b all watercraft landing at or using
public wharves, docks, and levies or landing places! #aid provision does not authori*e Basilan to collect anchorage fees
as can be shown b the need of Basilan to enact the amendator ordinance! B)uhP <3cuse meP?
0. Villan$e/a . Cas,ane(a 6r. #15SCRA #5)
Fa-,s: "n 0ov! =, 1451, the municipal council of #an 'ernando passed ;esolution no! 21. allowing some 2A
market vendors to construct their stalls along the vicinit of public market in #an 'ernando, $ampanga! &he action was
protested in %ivil %ase 0o! 20A0 in the %'< of $ampanga and a preliminar in>unction was issued to prevent construction
of said stalls! 6hile the case was pending, the municipal council then passed ;esolution no! 24 which declared the
sub>ect area as a parking place and a public pla*a, thereb impliedl repealing ;esolution no! 21.! In 145., %ivil %ase no!
20 was decided and held that the land occupied b the market vendors was beond the commerce of man and could not
be the sub>ect of private occupanc!
&he decision was apparentl not enforced! &he market vendors even claim that in 14=1, the municipal
government allotted them specific areas for which he paid dail fees to municipal government! B 14.2, the number of
vendors has ballooned to 200! &he clamor to enforce ;esolution no! 24 grew! +fter an investigation b he municipal
attorne, the "I% of the "ffice of the Maor Vicente Macalino, ordered the demolition of the stall! &he vendors protested
Bthe apparentl had little legal basis co*- all the did was protest?
Hel(: ;esolution no! 24 must be enforced! &he reason is that, under the %ivil %ode, public pla*as are properties
of public dominion to be devoted for public use! +nd even assuming that here was a lease agreement actuall e3isting
between the vendors and municipal government as the vendors claimed the resolution could have effectivel terminated
the agreement! It is settled that the police power cannot be surrendered or bargained awa through the medium of a
contract! In fact, ever contract affecting the public interest suffers a congenial infirmit that it contains an implied
reservation of the police power as a postulate of e3isting legal order! &his power can be activated at an time to change
the provision of contract, or even abrogate it entirel, for promotion and protection the general welfare! Such act will not
militate against the impairment clause, which is sub"ect to and limited by the police power.
5. De la Cr$= /. Paras #)0 SCRA 132
Fa-,s: &he Municipal %ouncil of Bocaue, Bulacan passed "rdinance 0o! .A which among others, state: F Being
the principal cause in the decadence of moralit and because of their other adverse effects on the communit as
e3plained above no operator night club, cabarets and dance halls shall henceforth be issued permitsKlicenses to operate
within the >urisdiction of the municipalit and no licenseKpermit shall be issued to an professional hostess, hospitalit girls
and professional dance for emploment in an of the aforementioned establishments! &he prohibition 3 3 3 shall include
the prohibition in the renewal thereof!G
Vicente de la %ru* and other club owners assailed this "rdinance Bamong the respondents was <dgardo 8!
$aras, the >udge who ruled against them at the lower court and who was a former +ssociate 7ustice of the #%?, claiming
that1!? Municipalit had no authorit to prohibit a lawful business or calling and 2!? the "rdinance violated their right to due
process and eIual protection of the laws as the and the professional hostess, et! +l who works for them are being
deprived of their propert rights without due process of law!
Hel(: &he %ourt ruled in favor of de la %ru* ;easons!
1! In the guise of a police regulation, the "rdinance invaded personal or propert rights personal in the case of
those individuals desirous of patroni*ing their night clubs, and propert in terms of the investments made and salaries to e
earned b those therein emploed!
2! Dnder the 8,% of 14.@, the #anggunian Baan is allowed to regulate, among others, the establishment and
operation of billiard pools, theatrical performances, circuses and other forms of entertainmentNG&hat the Municipal
%ouncil of Bocaue is allowed to regulate but not to altogether prohibit such establishment is all too clear!
1. Velas-' . Ville7as #)4 SCRA 13<
Fa-,s: &he %it of Manila passed "rdinance no! A45A which said, FIt shall be prohibited for an operator of an
barber shop to conduct the business of massaging customers or other persons in an ad>acent room or rooms of said
barber shop, or in an room or rooms within the same building where the barber shop is located as long as the operator of
the barber shop and the room where massaging is conducted is the same person!G &omas Velasco and other members of
he #ta! %ru* Barber #hop +ssociation deplored said ordinance as tantamount to deprivation of propert, specificall of
their means of livelihood without due process of law B+stor Villegas, the respondent, is the maor of Manila at that time!?
Hel(: Villegas- contention doesn-t deserve even an inkling of smpath! &he reason is that, as indicated in the
ordinance, the ob>ective said "rdinance are: 1!? to be able to impose pament of the license fee for engaging in the
business of the massage clinic under "rdinance no! @5/4 as amended b "rdinance no! A=5=, an entirel different
measure than the ordinance regulating the business of barbershops and 2!? in order to forestall possible immoralit which
might grow out of the construction of separate rooms for massage of customers! &he #% has been most liberal in
sustaining ordinances based on the general welfare clause!
3. US /. P'!pe.a 0# Pil )51
Fa-,s: "n 7une 1, 141A, #ilvestre $ompea was charged with violation of municipalit ordinance of Iloilo, <! "!
0o! 1 series of 141A based on section A0 Bm? of Municipal %od! #aid ordinance, as based from +ct 1@04, states! F6ith the
approval of provincial governor, when a province of municipalit is infested with ladrones or outlaws the municipalit
council is empowered to authori*e the able(bodied male residents of the municipalit between the ages of 1. to /0 ears,
to assist, for a period not e3ceeding / das in an one month, in apprehending ladrones, robbers and other lawbreakers
and suspicious characters and to act as patrols for the protection of the municipalit, not e3ceeding one da in each
week!G Violation of said ordinance is penali*ed b a fine not less than $100 or @ months imprisonment or both! $ompea
argues that the said ordinance violates the citi*en provisional right to libert!
Hel(: $ompea is >ust plain la* Bin other words, $ompea is wrong?! 6a back during the feudal age, lords of
manors have called upon their vassals to defend the ver land the till upon! <ven up to the time remote towns and
countries have made it obligator upon their citi*ens to defend their territor from felons! &he ancient obligation to assist in
the protection of peace and good order of the communit is still recogni*ed in all well(organi*ed governments in the
Fposse comitatusG Bpower of the countr?! $osse comitatus is in other words common law and +ct 1@04 is statutor
recognition of such common(law right! "verall, the #tate is simpl e3ercising its police power!
9. Il'il' C'l( S,'ra7e /. M$ni-ipal C'$n-il )5 Pil 59#
Fa-,s: &he Municipal %ouncil of Iloilo granted the Iloilo Ice %old #torage %ompan BI%#? authorit to construct an
ice cold storage plant in the cit of Iloilo! #ome time later, residents within the vicinit of said plant complained of the
smoke and fumes emitted b the smokestacks of the said plant! &he Municipal %ouncil thus ordered the I%# to elevate
the sub>ect smokestacks2 otherwise the plant would be enforced to close down! I%# replied that the Municipal %ouncil has
no power under the Municipal %ode to declare their plant as a nuisance! "nl the counts ma do so!
Hel(: I%# is correct ;easons:
1!? it is conceded that @4B>? of the Municipal code empowers the Municipal %ouncil to declare and abate
nuisances, )owever, there is a distinction between a nuisance per se and nuisance per accidens! &he first refers to those
which are unIuestionabl and under all circumstances, nuisances! &he second is well obviousl, the opposite of the first!
2!? &he Iuestion now is whether the Municipal %ouncil has the blanket authorit to declare anthing as a
nuisance! &he court ruled in the negative, the reason being that everthing would be at the uncontrolled will of the local
authorities, In order words, while the Municipal %ouncil has the power to declare and abate nuisance it does not have the
power to declares such nuisance as a fact and that it e3ists! "nl the ordinar courts can determine the fact of nuisance!
&he ice plant in Iuestion can be definitel said to be not nuisance per se!
<. Te-n'l'7i-al (e/el'pers8 In-. . CA #20 SCRA #59
Fa-,s: &echnolog Developers Inc! B&DI? is a domestic private corporation engaged in the manufacture and
e3port of charcoal briIuette! It received an order from +cting Maor $ablo %ru* ordering he full cessation of &DI-s plant in
,uong #ta! Maria, Bulacan! +lso &DI $lant manager +rmando Meneses was ordered to appear before the said maor
and produce the following a!? Building permit b!? Maor-s $ermit c!? ;egion III $ollution of <nvironment and 0atural
;esources +nti($ollution $ermit, and other documents!
&DI was found to lack a Maor-s $ermit and the ;egion III($ollution of <nvironment and 0atural ;esources +nti(
$ollution $ermit! 6ithout previous and reasonable notice to &DI, +cting Maor %ru* ordered the padlock of &DI-s plant!
&DI was granted a writ of preliminar in>unction against the +cting Maor-s order! Dpon motion for
reconsideration, +cting Maor %ru* presented evidence that &DI-s plant produce ha*ardous fumes which endangered the
lives of the people living nearb! Based on the evidence presented, the trial court dissolved the writ! +n appeal b &DI
with the %+ proves fruitless! &hus, &DI sought relief with the #%!
Hel(: &DIWs petition has no merit! &he simple reason is that &DI failed to secure a Maor-s $ermit and ;egion III(
$ollution of <nvironment and natural ;esources +nti($ollution $ermit! &he &emporar $ermit it received from the national
$ollution %ontrol %ommission has alread e3pired!
2. US /. T'ri"i' #1 Pil. <3
Fa-,s: +ct 0o! 11A= regulates the registration, branding and slaughter of cattle! Its provisions state among others
that 1!? no large cattle shall be slaughter or #illed for food at the municipal slaughterhouse except upon permit secured
from the municipal treasure and 2!? an person violating this +ct shall be punished b line of up to $/00 or imprisonment
of up to 5 months or both! %onvicted under said +ct, 8uis &oribio insists that he had not violated an law since! If ou read
the provision Iuite carefull, there was no showing that the animal he slaughtered was committed inside a municipal
slaughterhouse and that thereof, an animal he slaughters elsewhere does not reIuire a permit from the municipal
treasure!
Hel( &oribio is wrong! &he act primaril seeks to protect large cattle of the $hilippines against them and to make
eas the return and recover of such cattle to their proper owners when lost! #traed or stolen therefore the act can also
be constructed as to reIuire a permit for all slaughter of cattle whether in or out of a municipal slaughterhouse! +nd if as a
result, the language of the statue is fairl susceptible of two or more constructions, that construction can be adopted which
will tell most to give effect to the manifest intent of the law maker and promote the ob>ect for which the statue was
enacted, and a construction should be re>ected which will tend most to tender abortive other provision of the statue! &hus,
&oribio-s construction of the law should not be adopted and be replaced instead with the omniscient #%!
+nother reason for the adoption of the second construction is that it is more attuned to the e3ercise of the police
power of the state, in order to protect the communit from the lost of service of such animals b their slaughter b
improvised owners!
#4. S'li-i,'rs Generall. MMA N'. )45 SCRA N'. <09
Fa-,sH "n Ma 2A, 1440 the Metropolitan Manila +uthorit BMM+? issued ordinance 0o! 11 series of 1441
authori*ing itself Fto detach the license plates of motor vehicles for traffic violation was not among the sanction imposed
b the Metro Manila %ommission under $D 150/ and was permitted onl under the conditions laid down b 8etter of
Instruction A@ in the case of stalled vehicles obstructing the public street! It was there also observed that even confiscation
of drivers licenses for traffic violations was not directl prescribe b the degree nor was it allowed b the decree to be
impose b the commission
Months later, several complaints again proliferated all over metro Manila concerning the confiscation of driver-s
licenses and license plates! #everal officers offered different defenses >ustifing the confiscation, the more popular once
being that, the confiscations were valid pursuant to ordinance no!= series of 14.. and that the ,onong decision should be
interpreted to mean that onl the confiscation of license plates are prohibited! Director ,eneral %esar 0a*areno of the
$0$ even insisted that his office has never authori*ed the removal of license plates of illegall parked vehicles and has in
fact, event the directed full compliance of the ,onong decision in memorandum dated 'ebruar 2., 1441!
"n 7ul 2, 1441, the #% issued a resolution asking the solicitor general and the MM+ to file their comments
regarding the issue! &he solicitor general involves the view that ordinance no!11 is null and void for begin unrivalled
e3ercise of the delegated legislative power since $D 150/ does not permit and thus impliedl prohibits, the removal of
license plates and the confiscation of driver-s license B<3presio unuis est e3clusion alterius?! &he MM+ however, invokes
<" @42 the law providing for MM+-s creation, which vested in it among others the responsibilit of promulgating
resolutions and other is issuances of Metropolitan 6ide +pplication, approval of a code of basic services reIuiring
coordination and the e3ercise of its role making powers! +lso MM+ said that the ordinance cannot be attacked collaterall
but onl in a direct action challenging its validit!
Hel(H &he MM+ is wrong! ;easons:
#@ %onsidering the confusion over what law to follow regarding the confiscation, with some officers even declaring
that ,onong decision was wrong the #% decided to rule on the issue sIuarel despite the fact that ordinance 0o!11 was
not challenged in a direct action! Besides, the #% sIuarel said, said rule concerning direct actions is not an infle3ible
one!
)@ +s to the merits, the #% admits that the power to promulgate measures to promote the comfort and
convenience of the public and to alleviate the worsening traffic problems due in a large part to stimulation of traffic rules
B<!"! @42 and the general welfare clause 8,%? is valid delegation of legislative power! But the real issue is not the
validit of the delegation of legislative power! It is the validit of such e3ercise of delegated power! + municipal ordinance
to be valid
a@ Must not contravene the %onstitution
"@ Must not be unfair or oppressive
-@ Must not be partial or discriminator
(@ Must not prohibit but ma regulate trade and
e@ Must be general and consistent with public polic!
##. A-e"e(' Op,i-al C'. In-. / CA 0)2 SCRA 0#5
Fa-,sH +cebedo "ptical %o! applied with the office of the %it Maor Iligan for a business permit! %it Maor
%amilo %abili issued the said permit but sub>ect to the following conditions!
#@ #ince it is a corporation, +cebedo cannot put up an optical clinic but onl an optical store!
)@ +cebedo cannot e3amine andKor prescribe reading and similar optical glasses for patients, because these are
function of optical clinics!
0@ +cebedo cannot sell reading and similar ee glasses without a prescription having been first made b an
independent optometrist Bnot its emploee? or independent optical clinic! +cebedo can onl sell directl to the public
without need of prescriptions, ;a ban and similar ee glasses!
5@ +cebedo cannot advertise optical lenses and eeglasses but can advertise ;a ban and similar glasses and
frames!
1@ +cebedo is allowed to grind glasses but onl upon the prescriptions of an independent optometrist!
&he #amahan ng "ptometrist ng $ilipinas B#"$I? however, ledged a complaint against +cebedo, alleging that +cebedo
violated all the conditions impose on its business permit! +cebedo in response, protested the conditions impose b the
cit maor stating that
#@ &he conditions impose are beond what the cit maor can impose within his authorit as the have no basis
in an law or ordinance and
)@ +cebedo-s acceptance of the business permit does not stop it from challenging the said conditions as ultra
vires since a permit is not a binding contract!
Hel(H +cebedo is correct! ;eason:
#@ &he court has alread ruled in #"$I v! +cebedo International that in the absence of a law prohibiting the
hiring b corporation of optometrist, there is then no prohibition against the hiring b corporations of
optometrist
Bthis is in reference to the $o.% conditions of the business permit ?! &he current optometr law B;!+! .0/0? contains
no such prohibitions,
)@ a license of contract is not a contract between the sovereignt and the licensee or permitted and is not a
propert in the constitutional sense! + license is rather in the nature of a special privilege of permission or
authorit to do what is within its term! It is not anwa vested permanent or absolute! &herefore the business
permit in the case at bar not being a contract +cebedo is not stopped from challenging the conditions therein
as ultra vires!
0@ "verall, the primar purpose of the optometr law in regulating the practice of optometr to insure that opt
metrical services are too be rendered b competent and licensed person in order protect the health and
phsical welfare of the people from the dangers endangered b unlicensed practice! #uch purpose ma be
full accomplished although the person rendering the service is emploed b a corporation!
NOTEH In effect, the onl condition challenged b +cebedo was condition 0o! @
NOTEH Is optometr a profession or a mechanical artP Both the ma>orit Bas penned b >ust $urisima? and dissenting
opinions Bas penned b >ustice Vitug? could not agree on this Iuestion!
Distinction is important because if optometr is a profession, then the optometr, 8aw should be ree3amined as
there is the danger that corporation , in hiring optometrist, ma be perceived as engaged in the practice of optometr is a
profession, them corporation might compromise the professional accountabilit of optometr as the motivation to sell
eeglasses ma prevail over professional ethics! 'or instance, the control e3ercised b corporations over optometrist
hired as emploees might force said optometrist in sacrificing their professional opinion for the for the sake of selling the
corporation-s products B+ll these arguments about optometr being a profession is B#! &he #"$I is >ust afraid of the
competition offered b corporation, but the %ourt, in its infinite wisdom not touch on that?
B@ E!inen, D'!ain
#. ReG$isi,es *'r ,e ECer-ise
KSe-. #28 LGC ; E!inen, D'!ain8 +n 8,D ma, through its chief e3ecutive, and acting pursuant to an
ordinance, e3ercise the power of eminent domain for public use or purpose or welfare for the benefits of the poor and
landless upon pament of >ust compensation pursuant to the provision of the %onstitution and pertinent laws: provided
however that the power of eminent domain ma not be e3ercised unless a valid and definite offering has been previousl
made to the owner and such offer was not accepted! $rovided further , that the 8,D ma immediatel take possession of
the propert upon the filing of e3propriation proceeding and upon making a deposit with the proper court of at least 1/R of
the fair market value of the propert based on the current ta3 declaration of the propert to be e3propriated! $rovided
finall that the amount to be paid for the e3propriated propert shall be determined b the proper court based on the fair
market value at the time of the taking of the propert!
KAr, 0).IRR ; E!inen, D'!ain &en eCer-ise a@ an 8,D ma through its chief e3ecutive and acting pursuant to
an ordinance e3ercise the power of eminent domain for public use purpose welfare of the poor and landless upon
pament of >ust compensation, pursuant to the provision the %onstitution and pertinent laws b? &he power of eminent
domain ma not be e3ercised unless a valid and definite offer has been previousl made to the owner and such offer was
not accepted!
KAr,8 03 IRR ; a@ if the 8,D fails to acIuire private propert for public use purpose or welfare through purchase,
8,D ma e3propriate said propert through a resolution of the #angguniang authori*ing its chief e3ecutive to initiate
e3propriation proceeding b? &he local chief e3ecutive shall cause the provincial, cit or municipal attorne concern or: in
his absence , the provincial or cit prosecutor to file e3propriation proceeding in the proper court in accordance with rule of
%ourt and other pertinent laws c? &he 8,D ma immediatel take possession of the propert upon the filing e3propriation
proceeding and upon making a deposit with the proper court of at least 1/R of the fair market value of the propert based
on the current ta3 declaration of the propert to be e3propriated
KAr, 098 IRR ; Pa.!en,. &he amount to be paid for the e3propriated propert shall determined b the proper
court based on the fair market value at the time of the taking of the propert!
KR$le 398 #229 R$les '* Ci/il Pr'-e($re
&his rule consists of 1A sections enumerating the procedure to be followed in eminent domain! Briefl the rule
enumerates the following section: 1? &he %omplaint 2? entr of plaintiff depositing value with 0ational or provincial
&reasure Bbut this section 0o! 2 has been repealed b $!D! 0o! A2? @? defenses and ob>ection A? order of condemnation /?
ascertainment of compensation 5? proceeding b commission =? report b commission and >udgment thereupon .? action
upon commissioner report 4? uncertain ownershipKconflicting claim 10? right of plaintiff after >udgment and pament entr
not delaed b appeal, effect of reversal 12? cost, b whom paid 1@? recording, pament and its effect 1A? power of
guardian in such proceedings!
$!D! 0o!A2 in a relation to #ection 2 of ;ule 5=, effectivel removes the discretion of the counting determining the
provisional volume! 6hat is to be deposited is an amount eIuivalent to the assessed value for ta3ation purposes! 0o
hearing is reIuired for the purpose! +ll that is needed is noticed to the owner of the propert sought to be condemned!
NOTEH #o that ou don-t have to bother reading the crapp 1A sections enumerated in ;ule =5, let-s use instead
the summar given b the %ourt regarding the % stages of every action of expropriation in 0+$"%"; v! 7ocson:
#@ &he first is concerned with the determination of the authorit of the plaintiffs to e3ercise the power of eminent
domain ant the propert of its e3ercise in the conte3t of the facts involved in the suit! It ends with an order if not of
dismissal of the action, Fof condemnation declaring that the plaintiff has a lawful right to take the propert sought to be
condemned, for the public use or purpose described in the complaint, upon the pament of >ust compensation to be
determined as of date of the filling of the complaint!G +n order of dismissal, if this is to be ordained, would be a final one
since it finall disposes of the action and leaves the %ourt with nothing more to be done on the merits! #o too, would an
order of condemnation be a final one, for thereafter, the ;ules e3pressl state in the proceedings before the &rial %ourt,
Fno ob>ection to e3ercise of the right of condemnation Bor the propriet thereof? shall be filled or heard!
)@ &he second phase of the eminent domain action is concerned with the determination b the %ourt of the F>ust
compensation for the propert sought to be taken!G &his is done b the %ourt with the assistance of not more than @
commissioners! &he order fi3ing the >ust compensation on the basis of the evidence before, and findings of, the
commissioners will be final too! It would finall dispose of the second stage of the suit, and leave nothing more for the
%ourt to be done b the %ourt regarding the issue!
0@ )owever, upon the filling of the complaint or at antime thereafter, the petitioner has the right to take or enter
upon the possession of the propert involved upon compliance with $!D! A2 which reIuires the petitioner, after due notice
to the defendant, to deposit with the $0B in its main office or an of its branches or agencies Fan amount eIuivalent to the
assessed value of the propert for purposes of ta3ation!G &he assessed value is that indicated in the ta3 declaration!
KDILG Opini'n N'. #4-#223
&he researcher isn-t too keen in going to the DI8, to get their opinions! FRL
)@ P$rp'ses '* eCpr'pria,i'n
a. In the $hilippines, regular provinces are authori*ed to e3ercise the power of eminent domain for the following
purposes: the construction and e3tension of roads, streets, sidewalks, bridges, ferries, levees, wharves or piers2 the
construction of the public buildings including schoolhouses2 and the making of necessar improvements in connection
therewith2 the establishment of parks, plaground, pla*as, market places, artesian wells or sstems for the suppl of
water, and the establishment of cemeteries, crematories, drainage sstem, cesspools, or sewage sstems!
b! Municipalities in regular provinces are authori*ed to e3ercise the power of eminent domain for an of the
following purposes: the construction or e3tension of roads, streets, sidewalks, bridges, ferries, levees, wharves or piers2
the construction buildings, including schoolhouses, and the making of improvements on parks, plaground, pla*as,
marketplaces, artesian wells, or sstem for the suppl of 6ater, and the establishment of cemeteries, crematories,
drainage sstem, cesspools, or sewage sstems!
0@ Illustrative cases:
#. Na,i'nal P'&er C'rp'ra,i'n /. 6'-s'n )43 SCRA 1)4
Fa-,sH &he 0+$"%"; is a ,"%% created and e3isting b virtue of ;+ 0o! 5@4/, as amended, for the purpose of
undertaking the development of hdraulic power, the production of power from an source, particularl b constructing,
operating and maintaining power plants, au3iliar plants, dams, reservoirs, pipes, mains, transmission lines, power station
and other works for the purpose of developing hdraulic power from an river, creek, lake, spring and waterfall in the
$hilippines and suppling such power to the inhabitants thereof! In order to carr out these purposes, it is authori*ed to
carr out the power of eminent domain!
"n March @0, 1440, 0+$"%"; filled = cases of eminent domain against = private citi*ens before the ;&% of
Bacolod cit for the acIuisition of a right of wa easement over portion of the parcels of land described in the complaint for
its 0egros $ana Interconnection $ro>ect, particularl the Bacolod &amonton &ransmission 8ine! &he complaints uniforml
a allege that petitioner urgentl needs position of the affected land to enable it to construct its tower and transmission line
in a manner that-s is compatible with the greatest good while at the same time causing the least private in>ur, the purpose
for which the lands are principall developed will not be in>ured b the transmission lines as it will onl acIuire a right of
easement thereon , and it had negotiated with the offered to pa defendants for the portion affected b the Bacolod
&amonton &ransmission 8ine, but the parties failed to reach an agreement despite long and repeated negotiations, and be
pra that, among others, that the ;&% fi3 the provisional value of the portion of the parcels of land sought to be
e3propriated pursuant to #ec!2, ;ule 5= of the ;ules of the %ourt!
"n 7une 2/, 1440, the ;&%, after finding the e3istence of public interest which ma be serve b the e3propriation,
fi3ed the provisional values of the = sub>ect areas and directed the 0+$"%"; to deposit the amounts with the $0B in
escrow of the benefits of the defendants pending decision on the merits! &he mar#et values mentioned in the 'rder are
the same values appearing in the fax declarations of the properties and the notices of (ssessment issued by the
(ssessor.
In compliance with said "rder! 0+$"%"; deposited the sum of $2@, 1.0,.2.!00 with the $0B!
&wo of the defendants however, filled motions for reconsideration! &he first one C filled b 7esus, 'ernando,
Michael and Ma! %ristina ,on*aga Bthe ,on*aga 'our? C alleged that the provisional value of the propert involved
therein has been set much to low, the reason being that the e3propriation of their areas Fwould render the remaining
portion practicall at a loss considering that the presence of the transmission lines will pose a danger to the inhabitants in
the area as well as destro the marketabilit of the remaining potion after e3propriation! Moreover, the sub>ect areas are
located near several posh subdivisions! F&he second one C filled b 8ouis ,on*aga, et, al! C sought for a re(evaluation of
the areas owned b them as said areas were contiguous to the ,on*aga 'our and were thus affected b the same
condition!
&he ;&% granted their motion and the 0+$"%";, in compliance, deposited the additional amount of
$22,.55,.50,00 with the $0B!
"n 7ul 1., 1440 the ;&% 7udge <nriIue 7ocson issued another "rder increasing the amounts to be received as
compensation on the part of the ,on*aga 'our, 8ouis ,on*aga and @ other defendants- amounts! 0+$"%"; in a
response filled a complaint of grave abuse of discretion against the said >udge, saing the increases he ordered are
e3cessive and unconscionable! 0evertheless, due to the urgent need to complete the interconnection pro>ect as soon as
possible, 0+$"%"; deposited the order additional amounts! #till despite doing so, 0+$"%"; claimed the 7udge
stubbornl refused to issue the writ of possession!
Did the 7udge act with grave abuse of discretionP
Hel(: Qes! ;easons:
1! &he 7udge ignore $!D!0o!A2 B see the info titled F ;ule 5=,;ules of %ourtG, page 2= of this reviewer?!)e fi3ed
the provisional values of the sub>ect properties at their market values and dail opportunit profits, something which
should not be done! &he values should be fi3ed at an amount eIuivalent to the assessed value for ta3ation purpose!
2! More importantl, when the 7udge, although erroneousl, fi3ed the provisional values of the sub>ect propert
and 0+$"%"; in turn deposited the said amounts, the said 7udge last plenar control over the order fi3ing the amount
of the deposit and has no power to annul, amend or modif it matters of substance pending the course of the
condemnation proceedings! &he reason for this is that a contrar ruling would defeat the ver purpose of the law which is
to provide for a speed and summar procedure whereb the peaceable possession of the propert sub>ect of the
e3propriation proceedings Fma be secured without the delas incident to prolonged and ve3atious litigation touching the
ownership and value of such lands, which should not be permitted to dela the progress of the work!G
@! &he 7udge also, in effect, gave the defendants the final authorit to determine >ust compensation when in fact2
the determination of >ust compensation in e3propriation proceedings is a >udicial function! Moreover, he did not even
appoint the @ commissioners as mandated b #ec! / of ;ule 5= of %ourt in order to ascertain and report to him the >ust
compensation sought to be taken! )e even ruled that the writ of possession shall be issued onl after the defendants have
received the amounts, which should not be the ease! +ll these show the gross ignore of the 7udge and his orders and
rulings must be reversed!
). Ci,. G'/ern!en, '* MC /. Eri-,a #)2 SCRA 912
Fa-,s: &he Hue*on %it %ouncil passed "rdinance 0o!511. #(4A entitled F "rdinance regulating the
establishment, maintenance and operation of private memorial tpe cemeter or burial ground within the >urisdiction of
H!% and providing penalties for he violation thereof! F#aid ordinance provides, among others: F#ec!4 !+t least 5R o f the
total area of the memorial park cemeter shall be seta side for a charit burial of deceased persons who are paupers and
have been residents of H!% for at least / ears prior to their death, to be determined b competent %it +uthorities! &he
area so designated shall immediatel be developed and should be open for operation not later than 5 months from the
date of approval of the application!G
'or = ears, the ordinance was not enforced b cit authorities, but when the H!% %ouncil decided to enforce it b
passing a resolution to that effect, )imlaang $ilipino, Inc! responded b filling a petition for declarator relief, prohibition
and mandamus with preliminar in>unction with the %'I in H!% praing that the ordinance be declared null and void! #aid
petition was granted! &he Iuestion now raised is: Is the said ordinance a valid e3ercise of the police powerP
Hel(: 0o! ;easons:
1! &he %harter of H!% grants H!%! the power to ta3, fi3 the license fee and regulate such other Business, trade
and occupation as ma be established or practiced in the %it! &he power to regulate however, does not include the
power to prohibit! + portion, the power to regulate does not include the power to confiscate! &he ordinance not onl
confiscates but also prohibits the operation of a memorial park cemeter because under #ec! 1@ of said ordinance,
violation of its provisions is punishable b fine, imprisonment andKor that the permit to operate and maintain a private
cemeter shall be revoked or cancelled! #ec!4 is not mere police regulation but an outright confiscation of private
propert without due process of law ma, even without compensation!
2! 6hen the 8ocal ,overnment %ode of 14.@ provided that a #angguniang $anlungsod ma provide, for the
burial of the dead in such manner as prescribed b law or ordinance it simpl authori*ed the cit to provide its owned cit
owned land or to bu of e3propriate private properties to construct public cemeteries! <3propriation however, reIuires
pament of >ust compensation! &hus, )imlaang $ilipino Inc! cannot be said to have impliedl acknowledge seIuestration
of 5 R of its propert without >ust compensation when it accepted the permits to operate from the cit government!
0. Heirs '* 6$an-' Ar('na /.Re.es #)1 SCRA ))#
Fa-,s: &he $hilippine &ourism +uthorit B$&+? filed A complaints with the %'I of %ebu %it for the e3propriation
of some 2.2 hectares of rolling land situated in Barangas Malubog and Babag, %ebu %it, under $&+-s e3press
authorit, as mandated in its %harter, F to acIuire b purchase, b negotiation or b condemnation proceedings an
private land within and without the tourist *ones F for the development into integrated resort and sport comple3es of
selected and well( defined geographic areas with potential tourism value!
&he defendants, numbering A0, filed motions to dismiss on the ground that the taking was not for $ublic use,
specificall that the there is no constitutional provision authori*ing the taking of private propert for tourism purposes!
Moreover, the defendants claimed that the land the own sub>ect of the e3propriation is actuall covered b certificate of
land transfer B%8&? and emancipation patents
&hereb making the lands e3propriated within the coverage of the land reform area under $!D 0o!2&he
defendants argue that the agrarian reform program occupies a higher level in the order of priorities than other state
policies like those relating to the health and phsical well(being of the people!
Hel( : &he +rdona-s fort-s petition should be dismissed! ;easons:
1! &he concept of public use is not limited to traditional purposes like the construction of roads, bridges, parks and
the like! $ublic use is not use b the public!G It also mean, public well(fare and such a concept are broad, and inclusive!
&he values it represents are spiritual, as well as phsical, aesthetic as well as monetar! It is within the power of the
legislature to determine that the communit should be beautiful as well as health, spacious, as well as clean, well
balanced as well as carefull patrolled!
"nce the ob>ect is within the authorit of %ongress, the right to reali*e it through the e3ercise of <minent Domain is clear!
+s a general rule then, as long as the taking is public, the power of eminent domain comes into pa!
2! &he fact that private concessionaires such as private firms, food outlets, etc! will lease the sub>ect areas will not
diminish the public character of the e3propriation B In other words, the place is open to anbod for as long as she or he
can pa?!
@! &he records show that the onl 2 of the A0 defendants have %8&-s or emancipation patents! +nd those %8&-s in
their possession covers onl less than 1 hectare of the 2.2 hectares intended fore e3propriation! Moreover, the less(than
10(hectare portion of land is not even part of the resort and sports comple3 proper but is part of the @2 hectare
resettlement are for all persons affected b the e3propriation! %ertainl, the human settlement needs of the man
beneficiaries of the @2 hectare
;esettlement area should prevail over the propert rights of two of their compatriots! B&his last sentence did not sit well
which 7ustice Makasiar and 2 others dissenters because the two persons who had %8&-s were convenientl ignored?!
5. Ci,. '* Manila /. Cinese C'!!$ni,. 54 Pil. 052
Fa-,s: "n Dec! 11!1415, the %it of Manila presented a petition in the %'I of Manila praing that for the purpose
of constructing a public improvement, namel the e3tension of ;i*al +venue, Manila, it is necessar for the %it of Manila
to acIuire ownership in fee simple of certain parcels of land situated in the district of Binondo of said cit within Block .@
of said district! &he proposed e3tension of ;i*al +venue however will take a part of the %hinese cemeter, a public
cemeter at that the %hinese %ommunit of Manila thus contended that 1? the %it of Manila cannot appropriate the
cemeter or a portion thereof as said cemeter is public propert, onl private propert ma be e3propriated and 2? there
is no necessit for the improvement as a whole in the first place! Is the %hinese %ommunit correctP
Hel(: &he %hinese communit is correct as to its contention ;easons:
1! 'irst of all, the matter regarding the e3tent of the court-s authorit in e3propriation cases must settled! +n
e3amination of #ec!2A@ in +ct 0o!140 Bthe predecessor of toda-s ;ule 5= of the ;ules of %ourt? reveals, Fif the %ourt
shall find upon trial that the right to e3propriate the land e3ists, it shall then appoint commissioners!G &he %it of Manila
contends that since e3propriation is e3clusivel a 8egislative function, the authorit of the courts then is limited to
determining the following a whether a law granting the e3propriation e3ists and b? the value of the land in Iuestion! &his
contention is partl meritorious! &here is no Iuestion that the court has authorit to fi3 the values of the land Iuestion! +s
to the authorit of determining whether a law granting the e3propriation e3ists, a distinction must be made between a?
laws granting special purpose and b? laws grating a general authorit! If the law in Iuestion grants e3propriation of a
particular parcel of land and for a specific public purpose, then the %ourt-s would he without >urisdiction to inIuire into the
purpose of that legislation, regardless on whether or not the land in Iuestion is private or public! But if the 8egislature
should grant general authorit to a municipal corporation then to e3propriate private lands, for public purpose, the courts
then would have +uthorit then to make inIuir and to hear proof, upon an issue properl presented concerning whether
"r not the land in Iuestion was private and whether the purpose was in fact, public! In the instant case, since the %it of
Manila was given a general grant of authorit to e3propriate private lands under its %harter, the %ourt has authorit to
inIuire on whether the e3ercise of such e3propriation b the %it of Manila is indeed public( in other words, the %ourt
ma inIuire into the necessit of the e3propriation!
2! +s mentioned above public propert ma be e3propriated provided a special grant of +uthorit for a particular
parcel of land was passed b the 8egislature! &he %it of Manila was not granted such a special authorit! &herefore, the
%hinese %emeter or a portion thereof ma not be e3propriated!
@! It is a3iomatic that the taking of private propert for public use is not >ustified unless there is a genuine public
necessit for the taking! In the present case, even if granting that a necessit e3ists for &he opening of the street in
Iuestion, the record contain no proof of the necessit of opening the same through the cemeter! &he records show that
ad>oining and ad>acent lands and have been offered to the cit free of charge, which will answer ever purpose of the cit!
1. Na,i'nal P'&er C'rp'ra,i'n /. CA )15 SCRA 199
Fa-,s: In 14=., 0+$"%"; took possession of a 21,44/ sI! m! land which is a portion of 8ot 1 "f the subdivision
plan B8;%? $sdX115154 situated in Marawi %it, owned b Macapanton Mangondato, Dnder the mistaken belief that it
forms part of the public land reserved for use b 0+$"%"; of )droelectric power purposes under $roclamation 0o!
1@/A of the $resident of the $hilippines dated Dec!@, 14=A! 0+$"%"; alleged that the sub>ect land was until then
possessed and administered b Marawi %it so that in e3change for the cit-s waiver and Iuitclaim of an right over the
propert, 0+$+%"; had paid the cit a :financial assistance : of $A0 sI! m!
In 14=4, when 0+$"%"; started building its +gus 1 B)droelectric plant? pro>ect, Mangondato demanded
compensation from 0+$"%";! 0+$"%"; refused to compensate insisting that the propert is public land and that it has
alread paid Ffinancial assistance Fto Marawi %it in e3change for the rights over the propert!
Mangondato claimed that the sub>ect land is his dul registered propert covered b a &%& in his name that he
was not priv to agreement between Marawi %it and 0+$"%"; and that an $ament made to said cit cannot be
considered as pament to him!
More than a decade later, 0+$"%"; acceded to the fact that the propert belongs to Mangondato! "n +ugust
1A, 1440, 0+$"%";Ss 0ational power Board Bhereafter $ower Board? passed a resolution resolving to pa Mangondato
the base price of $A0 per sI!m for onl a 12,1@2 sI!m portion "f the sub>ect propert B$ A./,2.0,001? plus 12R interest
per annum from 14=. B$54., .0.!00? pending + determination b 0+$"%";-s regional legal council on whether $100!00
is the fair market value of $ropert!
$ursuant to the aforementioned resolution, Mangondato paid $1, 1.A!0..!00! "n Ma 1=, 1441, the power Board
passed a resolution resolving to pa Mangondato $100 per sI!m e3cluding the 12 R interest per annum!
In a letter, Mangondato disagrees with the power board-s new resolution! )e said that this propert was worth even
more than p@00 per sI!m but he was willing to settle for $@00 per sI!m greed bastard?!
"n Ma 2/,142, 0+$"%"; authori*ed its president to negotiate with Mangondato for the pament of $100 for the
land plus 12 R per annum from 14=. less the paments alread made 10 Mangodato and to Marawi %it on the portion of
his land!
"n 7ul =, 1442, the greed bastard replied b filling a civil case seeking to recover possession of he propert
described in the complaint as 8ot of the subdivision plan against 0+$"%";, the pament of a $1/, 000 monthl rent until
the surrender of the propert, and the issuance of a &;" and a writ of preliminar mandator in>unction to restrain
0+$"%"; from proceeding with an construction andKor improvements on Mangondato-s land or from committing an
act of dispossession!
"n 7ul 2=, 1442, 0+$"%"; countered b filling a complaint for eminent domain against Mangondato! &he lower
court then ordered, after dul appointing 2 commissioners, that 0+$"%"; deposit the amount of $10, 44=,/00!00 with
the $0B, provisionall fi3ing the value of the land at $/00 per sI! m!, $100 lower than the assessed value of the land
appearing in its ta3 declaration for 1442 which was $100!
In its decision, the lower court denied the recover of possession b Mangondato but ordered 0+$"%"; to pa
the former a monthl rent of $ 1/,000 from 14=. to 1442 with 12 R interest per annum and condemning the propert in
favor of 0+$"%"; effective 7ul 1442 upon pament of $1000 per sI!m! or $21,44/,000!00 as >ust compensation!
0+$+%"; contested the decision! In its assignment of errors, 0+$"%"; said that the lower court erred in
affirming that the >ust compensation for the propert is its value in 1442, when the complaint was filed, and not its value in
14=., when he propert was taken b petition, ergo, the court erred in fi3ing the value of >ust compensation at $1, 000 per
sI!m instead of $A0 per sI!m
Hel(: 0+$"%"; is wrong! ;easons:
1! &he general rule in determining >ust compensation in eminent domain is the value of the propert as of the date
of the filling of the complaint #ec!A rule 5=, ;ules of %ourt! 0ormall, the time of taking coincides with the filling of the
complaint for >ust compensation! )owever, if the time of taking does not coincides with the time of the filling, the rule is
that the value of the propert should be computed from the time the propert as taken into possession from the time he
was deprived thereof while the value itself it-s determined at the time of the filling of the complaint!
2! &he taking for the purpose of determining the value of the propert, is determined when the following elements
concur!
a? &he e3propriator must enter a private propert!
b? &he entrance into private propert must be for more than a momentar period!
c? &he entr into the propert should be under warrant or color of legal authorit!
d? &he propert must be devoted to a public use or otherwise informall appropriated or in>uriousl affected!
e? &he utili*ation of the propert for public use must be in such a wa as to oust the owner and deprive him of
all beneficial en>oment of the propert!
In 0+$"%";-s case, element no!@ was not present when 0+$"%"; took possession of the sub>ect propert in
14=. since 0+$"%"; falsel believed that the sub>ect propert was public land reserved for its own use under
$roclamation 0o! 1@/A! "nl in 1442, when it initiated e3propriation proceedings, did it obtain color of legal authorit! &he
provisional value of the same would then be assessed as of 1442!
3. Pr'/in-e '* Ca!arines S$r /. CA ))) SCRA #90
Fa-,s: "n Dec! 22, 14.., the #angguniang $anlalawigan of the $rovince of %amarines #ur passed ;esolution
0o!124,#(.., authori*ing, the $rovincial governor to purchase or e3propriate propert contiguous to the provincial capitol
site, in order to establish a pilot farm for non(food and non( traditional agricultural crops and a housing pro>ect for
provincial government emploees!
$ursuant to the resolution, the $rovince of %amarines #ur, through ,overnor 8uis Villafuerte filed two separate
cases of e3propriation against <rnesto and <fren #an 7oaIuin, with the ;&% of $ill, %amarines #ur! 'orthwith, and the
said province filed a motion for the issuance of the write of possession! &he #an 7oaIuins failed to appear at the hearing
of the motion!
&he #an 7oaIuins filed a motion to dismiss on the ground of inadeIuac of the price offered for their propert!
&he court denied the motion to dismiss and authori*ed the $rovince to take possession of the said propert upon the
deposit with the %lerk of %ourt of the amount $/, =1A!00, the amount provisionall fi3ed b the trial court to answer for
damages that the #an 7oaIuins ma suffer in the event that the e3propriation cases do not prosper!
&he trial court ruled in favor of the $rovince! "n appeal, the %+ ruled in favor of the #an 7oaIuins, stating among
others that the trial court suspend the e3propriation proceedings until after the province shall have submitted toe reIuisite
approval of the Department of +grarian ;eform to convert the classification of the propert of the private respondents
from agricultural to non( agricultural land Bthis is in deference to the #olicitor ,eneral-s view that the $rovince must first
secure the approval of the Department of +grarian ;eform B D+;? regarding the plan to e3propriate the lands of the #an
7oaIuins for use as a housing pro>ect!
&he province now defends its e3propriation of the sub>ect lands, claiming its authorit from #ections A and = of the
8ocal ,overnment %ode of 14.@, and that the e3propriation was for a public purpose!
Hel(: &he $rovince of %amarines #ur is correct! ;easons:
1! $ublic use now means public advantage, convenience or benefit, which tends to contribute to the general
welfare and the prosperit of the whole communit, like are sort communit or a housing comple3! In the cage, the
e3propriation here is for public purpose! &he establishment of a pilot center would inure to the direct benefit and
advantage of the people of the $rovince! "nce operational, the center would make available to the communit invaluable
information and technolog on agriculture, fisher and the cottage industr! Dltimatel, the livelihood of fisherman,
farmers, and craftsmen-s would be enhanced! &he housing pro>ect also satisfies the public purpose reIuirement of the
%onstitution!
2! +s to the issue whether the approval of the D+; Bfor the purpose of reali*ing the housing pro>ect intent of the
e3propriation? is needed before e3propriation proceedings can continue, the %ourt simpl ruled that the same is not
needed, simpl because the 8:,% of 14.@ nor an other laws does not reIuire the same!
9. M'(a. /. CA )3< SCRA 1<3
Fa-,s: "n 7ul 2@,, 14.4, the #angguniang Baan of Bumawan in +gusan del #ur passed ;esolution 0o! A@(.4
authori*ing the Municipal Maor to initiate the e3propriation of a one B1? hectare portion of 8ot 0o! 51@. C$ls(A along the
0ational )ighwa owned b $ercival Moda for the site of the Bunawan 'armers %enter and other ,overnment #ports
'acilities!
#aid ;esolution was approved b then Municipal Maor +nuncio Bustillo and transmitted to the #angguniang
$anlalawigan! &he #angguniang $anlalawigan however disapproved the resolution on the ground that the Fe3propriation
was unnecessar considering that there are still available lots in Bunawan for the establishment of government center!G
Dndaunted, the Municipalit of Bunawan nevertheless filed a petition for <minent Domain against Moda! +fter
depositing the necessar amount in accordance with ;ule 5= of the ;ules of %ourt with the municipal treasurer, the
Municipalit filed a Motion to &ake or <nter Dpon the $ossession of the #ub>ect Matter!
Despite Moda-s opposition and after the hearing of the merits, the ;&% ruled in favor of the Municipalit, saing
that among others, that since the #angguniang $anlalawigan failed to declare the Municipalit-s resolution as invalid, the
same should be deemed effective! B6ow, the ;&% has 2 different meanings for Sinvalid- and Sdisapproval-?! +n appeal to
the %+ also proved fruitless! In the meantime, the Municipalit created @ buildings on the sub>ect propert!
Dpon petition b Moda, the #% issued a &;" to prevent the Municipalit from using the buildings it alread
constructed as well as constructing future buildings! Moda, in his petition to the #%, also adds that since the
#angguniang $anlalawigan disapproved the resolution, the same is void and thus the Municipalit could not insist in
pushing through with the e3propriation!
Hel(: Moda is wrong! ;easons:
1? &he Municipalit-s power to e3ercise the right of eminent domain is not disputed! #ec! 4 of the 8,)% of 14.@
states, F8,Ds ma, through its head, and acting pursuant to a resolution of its #anggunian, e3ercise the right of eminent
domain and institute condemnation proceedings for public use or purposeG!
2? + reading of #ec! 1/@, 8,% of 14.@ states, FIf the #angguniang $anlalawigan B#$? shall find that an municipal
ordinance, resolution or e3ecutive order is beond the power conferred upon the #angguniang baan B#B? or the Maor, it
shall declare such ordinance, resolution or <3ecutive "rder invalid in whole or in part 333! &he effect of such action shall
be to annul the ordinance, resolution or <3ecutive "rder in Iuestion in whole or in part! &he action of the #$ shall be
finalG! #aid section gives the condition Fif such resolution is beond the power conferred upon b the #angguniang Baan
or Maor 333G! "bviousl, it is well within the power of the Municipalit to e3ercise the right of eminent domain and thus,
the #B has the capacit to promulgate a resolution pursuant to the e3ercise of such a right! &he #$ therefore, was without
authorit to disapprove said resolution!
@! 'inall, Moda claimed the e3propriation against his propert was motivated b political revenge since he did
not support Maor Bustillo-s candidac in the previous elections! If that were true, then Moda-s petition would have been
meritorious since the taking of private propert for public use must be genuine! &he #% simpl ruled that there was no
evidence to support such claim! Besides, the records do not show that there was indeed another available propert for the
same purpose!
C@ P'&er '* TaCa,i'n B'ive reIuisites for the e3ercise, publication reIuirements and public hearing?
Fi/e reG$isi,es *'r ,e eCer-iseH
1! Municipal revenue obtainable b ta3ation shall be derived from such sources onl as are e3pressl authori*ed
b law!
2! &a3ation shall be >ust and uniform in each municipalit!
@! It shall not be in the power of the municipal council to impose ta3 in an form, whatever upon goods and
merchandi*e carried into the municipalit, or out of the same, and an attempt to impose an import or e3port
ta3 upon such goods in the guise of an unreasonable charge for wharfage, use of bridges or otherwise, shall
be void!
N',e: %ompare this with #ec 1@@ Be? of 8,% 1441, FDnless otherwise provided herein, the e3ercise of the ta3ing powers
of provinces, cities, municipalities and barangas shall not e3tend to the lev of the following 333 Be? ta3es, fees and
charges and other impositions upon goods carried into or out of, or passing through, the territorial >urisdictions of 8,Ds in
the guise of charges of wharfage, tolls for bridges or otherwise, or other ta3es, fees or charges in an form whatsoever
upon such goods or merchandise!G
A! In no case shall the collection of municipal ta3es be left to an person!
/! <3cept as allowed b law, municipal funds shall be devoted e3clusivel to local public purpose!
P$"li-a,i'n ReG$ire!en,sH
1! &wo modes of apprising the public of a new ordinance according to #ec! A@ 8ocal &a3 %ode Bbased on the
+llied &hread v! %it of Manila case?
a! B means of publication in a newspaper of general circulation, or
b! B means of posting of copies thereof in the local legislative hall or premises and 2 other conspicuous
places within the territorial >urisdiction of the local government!
2! $ublication of &a3 "rdinances and ;evenue Measures B#ec! 1.., 8,% of 1441?
@! 6ithin 10 das after their approval, certified true copies of all provincial, cit and municipal ordinances of
revenue measures shall be published in full for @ consecutive das in a newspaper of local circulation!
$rovided, however, that in provinces, cities and municipalities where there are no newspapers of local
circulation, the same ma be posted in at least 2 conspicuous and accessible places!
P$"li- Hearin7H
#. Pr'-e($re *'r Appr'/al an( E**e-,i/i,. '* TaC Or(inan-es an( re/en$e Meas$resE Man(a,'r. P$"li-
Hearin7s ?se- #<98 LGC '* #22#@
( &he procedure for the approval of local ta3 ordinances and revenue measures shall be in accordance with
the provisions of this %ode: $rovided that an Iuestion on the constitutionalit or legalit of ta3 ordinances or revenue
measures ma be raised on appeal within @0 das from the effectivit thereof to the #ecretar of 7ustice who shall render
a decision within 50 das from the date of the receipt of the appeal! $rovided, however, that such appeal do not have the
effect of suspending the effectivit of ordinance and the accrual and pament of the ta3, fee or charge therein! $rovided,
finall, that within @0 das after the receipt of the decision or the lapse of the 50(da period without the #ecretar of
7ustice acting upon the appeal, the aggrieved part ma file appropriate proceedings with a court of competent
>urisdiction!
2! $ower to 8ev "ther &a3es, 'ees and %harges B #ec! 1.5, 8,% of 1441?
8ocal governments ma e3ercise the power to lev ta3es, fees or charges on an base or sub>ect not otherwise
enumerated herein or ta3ed under the provisions of the 0ational Internal ;evenue %ode B08;%?, as amended, or other
applicable laws! $rovided, that the ta3es, fees or charges shall not be un>ust, e3cessive, confiscator or contrar to
declared national polic2 $rovided further, that the ordinance leving such ta3es, fees or charges shall not be enacted
without an prior public hearing conducted for the purpose!
#.a Allie( Trea( C'. /. Ci,. Ma.'r '* Manila #00 SCRA 00<
Fa-,s: +llied &hread %o is engaged in the business of manufacturing of sewing thread and arn under dul
registered trademark and labels! It operates its factories and maintains an office in $asig, ;i*al! In order to sell its
products in Manila and other parts of the $hilippines, +llied &hread %o engaged the services of a sales broker, 1er and
%ompan 8td, the latter deriving commission for ever sale made for its principal!
"n 7une 12, 14=A, the Municipal Board of the %it of Manila enacted "rdinance 0o! =/15 imposing on
manufacturers, importer, porters or producers, doing business in the cit of Manila, business ta3es based on gross sales
recorded on a graduated basis! + s used b the "rdinance, Fgraduated basisG meant that F50R of all sales recorded in the
principal offices of all businesses are located in the %it of Manila, the same shall be ta3able as well b said %it! +s for
the branches of businesses, all sales recorded b it shall be ta3able b the %it of Manila provided the are also located in
the said %it!G
&he Maor of Manila approved said "rdinance on 7une 1/, 14=A! In less than two months, however, the
ordinance underwent a series of amendments! &he last amendment was approved b the Maor on 7ul 24, 24=A!
)aving affected b the aforementioned "rdinance, being manufacturers and sales brokers, +llied &hread %o filed
a petition for declarator relief contending that "rdinance =/15 is not valid or enforceable as the same is contrar to #ec
/2 of $D A25, as clarified b 8ocal &a3 ;egulation 0o 1(=1! &o Iuote said ;egulation: F+ local ta3 ordinance shall go into
effect on the 1/
th
da after approved b the local chief e3ecutive in accordance with #ec A1 of the %ode! In view hereof
and considering the provisions of +rt /A of the %ode regarding the accrual of ta3es a local ta3 ordinance intended to take
effect on 7ul 1, 14=A should be enacted b the local chief e3ecutive not later than 7une 1/, 14=A!G "therwise stated,
+llied &hread %o asserts that due to the series of amendments in the "rdinance =/15, the same "rdinance fell short of
the deadline set forth b #ec /A of $D A25 that Ffor an ordinance intended to take effect on 7ul 1, 14=A, it must be
enacted on or before 7une 1/, 14/A!G +s mentioned earlier, the last amendment of the ordinance was approved on 7ul
24, 14=A!
+llied &hread also contended that the Iuestioned "rdinance did not compl with the necessar publication
reIuirement in a newspaper of general circulation as mandated b #ecA@ of the 8ocal &a3 %ode! Moreover, +llied &hread
claimed that it should not be covered b the said "rdinance as amended2 because it does not operate or maintain a
branch office in Manila and that its principal office and factor are located in $asig, ;i*al!
Hel(: +llied &hread is wrong! ;easons:
1! "rdinance 0o =/15 was approved b the %it Maor in 7une 1/, 14=A! &herefore, he made the deadline
Bbarel?! &he subseIuent amendments did not in an wa invalidate nor move the date of its effectivit! &o hold otherwise
would limit the power of the defunct Municipal Board of Manila to amend an e3isting ordinance as e3igencies reIuire!
2! &he %ourt is persuaded that there was substantial compliance of the law on publication! &he %it of Manila
complied with the second mode of notice!
@! +llied &hread does its business through its agent, 1er and %ompan! &he power to lev an e3cise ta3 upon the
performance of an act or the engaging of an occupation does not depend on the domicile of the person sub>ect to the
e3cise nor upon the phsical location of the propert and in connection with the act or occupation ta3ed but depend upon
the place in which the act is performed or occupation engaged in C in this case, upon the place where the respected sales
transactions is perfected and consummated!
#." Re.es /. CA 0)4 SCRA 5<3
Fa-,s: &he #angguniang Baan of #an 7uan, Metro Manila implemented / ta3 ordinances! +ntonio ;ees and 2
others Bthe ;ees &hree? filed an appeal with the Department of 7ustice alleging the constitutionalit of these ta3
ordinances allegedl because the were promulgated without previous public hearings thereb constituting deprivation of
propert without due process of law! #ecretar of 7ustice 'ranklin Drilon however, dismissed the appeal for being filed out
of time since the last of the / ordinances took effect on "ct 24, 2442 while the ;ees &hree filed their appeal onl on Ma
21, 144@, wa past the @0(da period from the effectivit thereof for appeal as allowed b #ec 1.= of the 8,% of 144@!
&he %+ also ruled in favor of 'ranklin Drilon!
Dndaunted, the ;ees &hree, in a petition for review with the #%, claim that notwithstanding the @0(da period
imposed b the law for appeal, an ordinance enacted without the reIuisite of public hearing is unconstitutional and thus
void from the beginning B in other words, an action to declare anthing unconstitutional does not prescribe since it is
reduction as absurdum?! +lso the ;ees &hree ask if constitutionalit of #ec! 1.= can be raised for the first time on
appeal! Bsee S$ublic )earing- of this reviewer?!
Hel(: &he ;ees &hree are wrong: ;easons:
1! &here is a reason wh protests over ta3 ordinances are reIuired to be done within certain time frames! +
municipal ta3 ordinance empowers an 8,D to impose ta3es! &he power to ta3 is one of the most effective instruments to
raise needed revenues to finance and support the mriad activities of 8,Ds for the deliver of basic services essential to
the promotion of the general welfare and enhancement of peace, progress and prosperit of the people! %onseIuentl,
an dela in ta3 measures would be to the detriment of the public!
2! 6hile it is true that the public hearings are reIuired to be conducted prior to the enactment of a ta3 ordinance,
the ;ees &hree did not show an proof that the #angguniang Baan of #an 7uan failed to conduct the reIuired public
hearings! &he reason is that the lack of a public hearing is a negative allegation essential to a petitioner cause of action!
)ence, as the ;ees &hree are the ones asserting the lack of a public hearing, the have the burden of proof! #ince the
;ees &hree failed to rebut the presumption of validit in favor of the sub>ect ordinances and to discharge the burden of
proving that no public hearings were conducted prior to the enacted thereof, the %ourt is constrained to uphold their
constitutionalit or legalit! &his is true despite the fact that the #anggunian has the control of records or the better means
of proof regarding the alleged, and the ;ees &hree are not relieved from the burden of proving their averments!
@! "n the validit of #ec! 1.= of 8,% of 1441, the %ourt stresses that the constitutionalit of an act of %ongress
will not be passed upon b the %ourt unless at the first opportunit that Iuestion is properl raised and presented in an
appropriate case, and is necessar for the determination of the case, particularl where the issue of constitutionalit is the
ver lis mota presented! &he constitutionalit of a statutor provision should not be entertained b the %ourt where it was
not specificall raised below, insisted upon and adeIuatel argued! &he %ourt finds no real necessit in tackling the
constitutionalit of #ec! 1.= of 8,% of 1441!
). Li!i,a,i'ns 'n !$ni-ipal ,aCin7 p'&er
T #ec! 1@@, 8,% of 1441! %ommon 8imitations on the &a3ing $ower of 8,Ds! Dnless otherwise provided herein,
the e3ercise of the ta3ing powers of provinces, cities, municipalities, and barangas shall not e3tend to the lev of the
following:
a! Income ta3, e3cept when levied on banks and other financial institutions
b! Documentar stamp ta3
c! &a3es on estates, inheritance, gifts, legacies and other acIuisitions mortis causa, e3cept as otherwise provided
therein
d! %ustoms duties, registration of fees of vehicles and wharfages on wharves, tonnage dues and all other kinds of
custom fees, charges and dues e3cept wharfage of wharves constructed and maintained b the 8,D concerned!
e! &a3es, fees, and charges and other impositions upon goods carried into, or out of, or passing through the
territorial >urisdictions of 8,Ds in the guise of charges for wharfage, tolls for bridges ort otherwise, or other ta3es, fees in
an form whatsoever upon such goods and merchandise
f! &a3es, fees or charges on agricultural and aIuatic products when sold b marginal farmers or fishermen
g! &a3es on business enterprises certified b the B"I as pioneer or non(pioneer for a period of 5 or A ears,
respectivel from the date of the registration!
h! <3cise ta3es on articles enumerated under the 0I;%, as amended, and ta3es, fees or charges on petroleum
products!
i! $ercentage on V+& sales, barters or e3changes or similar transactions on goods and services e3cept as
otherwise provided herein
>! &a3 on gross receipts of transportation contractors and persons engaged in the transportation of passengers or
freight b hire and common carriers b air, land or water, e3cept as provided in this %ode
k! &a3es paid on premiums b wa of reinsurance or retrocession
l! &a3es, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or
permits for the driving thereof, e3cept triccles!
m! &a3es, fees or other charges actuall e3ported, e3cept as otherwise provided herein
n! &a3es, fees or charges on %ountrside and Baranga Business <nterprise and %ooperatives dul registered
under ;!+! 51.0 and ;!+! 54@. otherwise known as the %ooperative %ode of the $hilippines respectivel
o! &a3es, fees or charges of an kind on the 0ational ,overnment, its agencies and instrumentalities, and 8,Ds
KTe Basi- R$le '* M$ni-ipal TaCin7 P'&er
Dnder the now prevailing %onstitution, where there is neither a grant nor a prohibition b statute, the ta3 power
must be deemed to e3ist although %ongress ma provide statutor limitations and guidelines! &he basic rationale for the
current rule is to safeguard the viabilit and self(sufficienc of local government units b directl granting them general
and broad ta3 powers! 0evertheless, the fundamental law did not intend the delegation to be absolute and unconditional2
the constitutional ob>ective obviousl is to ensure that, while the local government units are being strengthened and made
more autonomous, the legislature must still see to it that a? the ta3paer will not be overburdened or saddled with multiple
and unreasonable impositions2 b? each local government unit will have its fair share of available resources2 c? the
resources of the national government will not be undul disturbed2 and d? local ta3ation will be fair, uniform, and >ust
BM<;+8%" v! $rovince of 8aguna?
).a Pepsi C'la B',,lin7 C'. /. Ci,. '* B$,$an )5 SCRA 9<2
Fa-,s: $epsi %ola seeks to recover the ta3es paid b it to the %it of Butuan and collected b the letter! $ursuant
to its Municipal "rdinance 0o! 110, as amended b Municipal "rdinance 0o! 122, both series of 1450, which $epsi assail
as null and void and to prevent the enforcement thereof!
$epsi maintains that the disputed ordinance is null and void because B1? it partakes of the nature of an important
ta32 B2? it amounts to double ta3ation2 B@? it is e3cessive, oppressive and confiscator2 BA? it is highl un>ust and
discriminator2 and B/? section 2 of ;epublic +ct 0o! 225A, upon the authorit of which it was enacted, is an
unconstitutional delegation of legislative powers! #aid "rdinance, as amended, imposes as a ta3 on an person,
association, etc!, of $0!10 per case of 2A bottles of $epsi(%ola and $epsi paid under protest the amount of $A,425!5@
from +ugust 15 to December @1, 1450 and the amount of $4,2/0!A0 from 7anuar 1 to 7ul @0, 1451!
Hel(: $epsi-s contentions are partl tenable! ;easons:
(1) &he #econd and last ob>ections are manifestl devoid of merit! Indeed, independentl of whether or not the
ta3 in Iuestion, when considered in relation to the sales ta3 prescribed b +cts of %ongress, amounts to double ta3ation,
on which the %ourt need not and does not e3press an opinion(double ta3ation, in general, is not forbidden b the
%onstitution! &he $hilippines has not adopted, as part thereof, the in>unction against double ta3ation found in the
%onstitution of the Dnited #tates! &hen, again, the general principle against , delegation of legislative powers, in
conseIuence of the theor of separation of powers is sub>ect to one well(established e3ception, namel2 legislative
powers ma be delegated to local government to which said theor does not appl in respect of matters of local concern!
(2) &he third ob>ection is, likewise, untenable! &he ta3 of F$0!10 per case of 2A bottles,G of soft drinks of
carbonated drinks in the production and sale of which plaintiff is engaged or less than $0!00A2 per bottle is manifestl too
small to be e3cessive, oppressive, or confiscator!
(3) &he first and the fourth ob>ection merit, however, serious consideration! +s amended b "rdinance no! 122,
the ta3 is imposed onl upon Gan agent andKor consignee of an person, association, partnership, compan or
corporation engaged in sellingN soft drinks or carbonated drinks!G +s defined in section @(+ of "rdinance no! 122, a
consignee of agent shall mean an person, association, partnership, compan or corporation who acts in the place of
another b authorit from him or one entrusted with the business of another or to whom is consigned or shipped no less
than 1,000 cases of hard liIuors or soft drinks ever month for resale, either retail or wholesale!G
+s a conseIuence, merchants engaged in the sale of soft drinks of carbonated drinks, are not sub>ected to the
ta3, unless the are agents andKor consignee of another dealer, who, in the ver nature of things, must be one engaged in
the business outside the %it! &he intention to limit the application of the ordinance to soft drinks and carbonated drinks
brought into cit from outside thereof becomes apparent! Viewed from this angle, the ta3 partakes of the nature of an
import dut, which is beond defendant-s authorit to impose b e3press provision of law!
&he ta3 in Iuestion would still be invalid, as discriminator, and hence, violative of the uniformit reIuired b the
%onstitution and the law thereof, since onl sales b Fagents of consigneeG of outside dealers would be sub>ect to ta3!
#ales b local dealers, not acting for or on behalf of other merchants, regardless of the volume of their sales, and even if
the same e3ceeded those made b said agents or consignee of producers or merchants established outside the %it of
Butuan, would be e3empt from the disputed ta3!
). " Pr'/in-e '* B$la-an /. CA )22 SCRA 55)
Fa-,s: on 7une 25, 1442, the #angguniang $anlalawigan of Bulacan passed $rovincial "rdinance 0o! @, known
as Fan "rdinance <nacting the ;evenue %ode of the Bulacan $rovince!G 6hich was to take effect on 7ul 1, 1442! #ection
21 of the ordinance provides as follows: #ec! 21! Imposition of &a3! &here is hereb levied and collected a ta3 of 10R of
the fair market value in the localit per cubic meter of ordinar stones, sand, gravel, earth and other Iuarr resources,
such! But not limited to marble, granite, volcanic cinders, basalt, tuff and rock phosphate! <3tracted from public lands or
from bed of seas, lakes, rivers, streams, creeks and other public waters within its territorial >urisdiction!G
$ursuant thereto, the $rovincial &reasurer of Bulacan, in a letter dated 0ovember 11, 144@, assessed private
respondent ;epublic %ement corporation Bhereafter ;epublic %ement? "2,/2A,542!1@ for e3tracting limestone, shale and
silica from several parcels of private land in the province during the third Iuarter of 1442 until the second Iuarter of 144@!
Believing that the province, on the basis of above(said ordinance, had no authorit to impose ta3es o Iuarr resources
e3tracted from private lands, ;epublic %ement formall contested the same on December 2@, 144@! &he same was
however, denied b the $rovincial &reasurer on 7anuar 1=, 144A! ;epublic %ement conseIuentl filed a petition for
declarator relief with the ;egional &rial %ourt of Bulacan on 'ebruar 1A, 144A! &he province filed a motion to dismiss
;epublic %ement-s petition, which was granted b the trial court on Ma 1@, 144@, which ruled that declarator relief was
improper, allegedl because a breach of the ordinance had been committed b ;epublic %ement!
"n 7ul 11, 144A, ;epublic %ement filed a petition for certiorari with the #upreme %ourt seeking to reverse the
trial court-s dismissal of their petition! &he %ourt, in a resolution dated 7ul 2=, 144A, referred the same to the %ourt of
+ppeals!
In the interim, the $rovince of Bulacan issued a warrant of lev against ;epublic %ement, allegedl because of its
unpaid ta3 liabilities! 0egotiations between ;epublic %ement and the province resulted in an agreement and modus
vivendi on December 12, 144A, whereb ;epublic %ement +greed to pa under protest $1,252,@5A!00, /0R of the ta3
assessed b petitioner, in e3change for the lifting of the warrant of lev! 'urthermore, ;epublic %ement and the $rovince
+greed to limit the issue for resolution b the %ourt of +ppeals to the Iuestion as to whether or not the provincial
government could pursuant to #ection 21of $rovincial "rdinance 0o! @!
&he %+ ruled that the $rovince had no authorit to issue "rdinance 0o! @, hence this appeals to the #%!
Hel(: &he decision of the %+ must be sustained! ;easons:
(1) "rdinance 0o! @ is based on #ec! 1/. of the 8,% of 1441 which states: F&he province ma lev and
collect not more than ten percent B10R? of fair market value in the localit per cubic meter of ordinar stones, sand,
gravel, earth and other Iuarr resources, as defined under the 0ational Internal ;evenue %ode, as amended, e3tracted
from private lands! 0eed we sa moreP
(2) It is true that under #ec! 1@@ Bh?, the e3ercise of the ta3ing powers of provinces, cities, municipalities
and barangas shall not e3tend to the lev of e3ercise ta3es on articles enumerated under the 0ational Internal ;evenue
%ode B0I;%?! #ection 1/1 of the 0I;%, b the wa levies e3cise ta3es on all Iuarr resources, regardless of origin,
whether e3tracted from public or private land! &hus an 8,D ma not ordinaril impose ta3es on stones, sand, earth and
other Iuarr resources, as the same are alread ta3ed under the 0ational Internal ;evenue %ode, )owever an 8,D can
still impose a ta3 on stones, sand, gravel, earth and other Iuarr resources e3tracted from public land because it is
e3pressl empowered to do so under the 8,D! But again it onl sas F$ublicG &he $rovince of Bulacan cannot ta3
;epublic %ement because it-s e3tracting minerals from FprivateG lands! Don-t forget, public versus private!
0. O,er Ill$s,ra,i/e CasesH
0. a Bas-' /. PAGCOR #29 SCRA 1)
Fa-,s: +tt! )umberto Basco, the %hairman on the committee of 8aws of the %it %ouncil of Manila, and @ other
lawers, Bthe Basco 'our? filed a petition seeking to annul the $hil! +musement and ,aming %orporation B$+,%";?
because among others! 1? It waived the Manila %it government-s right to impose ta3es and license fees, which is
recogni*ed b law and 2? for the same reason stated in the immediatel preceding paragraph, the law has intruded into
the local government-s right to impose local ta3es and license fees in contravention of the constitutionall enshrined
principle of the local autonom!
Hel(: &he Basco four contentions are all unmeritorious ;easons:
1? +n petitioner assailing the constitionalit of the law must reali*e that said law is armed with the presumption
of constitionalit! 6ith this in mind, the petitioner has the burden of proof to show that the law he wishes to assail is
unconstitutional!
2? &he Basco 'our assailed #ec! 1@ par! 2 of $!D 1.54 which states that 8,Ds cannot impose on $+,%";
ta3es on an kind Be3cept for the /R franchise ta3? #aid provision, the claim is a violation of local autonom it waives
the %it of Manilas right to impose ta3es and license fees! &he court answered that!
a? &he %it of Manila being a Mere municipal corporation has no inherent right to impose ta3es! &hus, the
%harter or statute must plainl show am intent to confer that power or the municipalit cannot assume it! Its
power to ta3 therefore must alwas ield to a legislative act which is superior having been passed upon b
the state itself which has the inherent power to ta3!
b? &he charter of the %it of Manila is sub>ect to control b congress! It should be stressed that Fmunicipal
corporation are mere creatures of %ongressG which has the power to Fcreate and abolish municipal
corporationG due to its legislative powersG %ongress, therefore, has the power of control over 8ocal! +nd if
%ongress can grant the %it of Manila the power to ta3 certain matters, it can also provide for e3emption or
even take back the power!
c? &he %it of Manila-s power to impose licenses fees on gambling has long been revoked! +s earl as 14=/,
the power of local government to regulate gambling thru the grant of Ffranchise, licenses or permitsG was
withdrawn b $!D! 0o! ==1 and was vested e3clusivel on the 0ational ,overnment!
$+,%"; is a government owned or controlled corporation with an original charter, $D 1.54! +ll its stocks are
owned b the 0ational ,overnment: it has dual role, to operate and to regulate gambling casinos! &he latter role is
governmental, which places it in the categor of an agenc or instrumentalit of the ,overnment! Being an instrumentalit
of the ,overnment, $+,%"; should be and actuall is e3empt from local ta3es! "therwise, its operation might be
burdened, impeded or sub>ected to control b a mere 8ocal ,overnment!
B@? &he states have no power b ta3ation or otherwise, to retard, impede, burden or in an manner control
the operation of constitutional laws enacted b %ongress to carr into e3ecution the powers vested in the federal
government! &his doctrine emanates from the FsupremacG of the 0ational ,overnment over local governments!
"therwise, mere creatures of the state can defeat 0ational policies thru e3termination of what local authorities ma
perceive to be undesirable activities or enterprise using the power to ta3 as Fa tool for regulation!G
BA? &he Basco 'our cannot also invoke +rticle M, sec / of the 14.= %onstitution which sas, F<ach local
government unit shall have the power to create its own source of revenue and to lev ta3es, fees, and other charges
sub>ect to such guidelines and limitation as the congress ma provide, consistent with the basic polic on local autonom!
#uch ta3es, fees and charges shall e3clusivel to the local government!G &he power of local government to Fimpose ta3es
and feesG is alwas sub>ect to FlimitationsG which %ongress ma provide b law!
0. " Ma-,an Ce"$ In,Nl Airp'r, /. Mar-'s
Fa-,s: Mactan %ebu International +irport +uthorit BM%I++? was created b virtue of ;epublic +ct 0o! 54/.
mandated to Fprincipall undertake to economical, efficient and effective control, management and supervision of the
Mactan International +irport in the province of %ebu and the 8ahug +irport in %ebu %it,N and such other +irports as ma
be established in the province of %ebu! It is also mandated to a? encourage, promote and develop international and
domestic air traffic in the %entral Visaas and Mindanao regions as a means of making the regions centers of international
trade and tourism, and accelerating the development of the means of transportation and communication in the countr2
and b? upgrade the service and facilities of the airports and to formulate internationall acceptable standards of
accommodation and service!
#ince the time of its creation, petitioner M%I++ en>oed the privilege of e3emption from pament of realt ta3es
imposed b the 0ational ,overnment or an of its political subdivisions, agencies and instrumentalities in accordance with
#ection 1A of its charter!
)owever, on "ct! 11, 144A, the cit of %ebu claimed started demanding pament on parcels of land belonging to
M%I++! &he cit of %ebu claimed that M%I++ cannot rel on #ec! 1A of its charter because( as M%I++ is a ,"%%( its ta3
e3emption privilege has been withdrawn b #ections 14@ and 2@A of the 8,% as follows2 F#ec! 14@! 6ithdrawal of &a3
<3emption $rivilege! Dnless otherwise provided in this code, ta3 e3emptions or incentive granted to, or presentl en>oed
b all persons whether natural or >uridical, including government(owned or controlled corporations, e3cept local water
districts, cooperatives dul registered under ;+ 0o! 54@., non(stock, and non(profit hospitals and educational institutions,
are hereb withdrawn upon the effectivit of this %ode 3 3 3 #ec! 2@A!
<3emptions from ;eal $ropert ta3es! 3 3 3 e3cept as provided herein, an e3emption from pament of real
propert ta3 previousl granted to, or presentl en>oed b all persons, whether natural or >uridical, including government
C owned or controlled corporation, are herb withdrawn upon the effectivit of this code!
'or its defense, M%I++ relies on #ec! 1@@ Bo? of the 8,% which sas Funless otherwise provided herein Bin this %ode?, the
e3ercise of the ta3ing powers of provinces, cities, municipalities, and barangas shall not e3tend to the lev of the
following 3 3 3 Bo? &a3es, fees or charges of an kind on the 0ational ,overnment, its agencies and instrumentalities, and
8,Ds! M%I++ relies on the ruling of Basco v! $+,%";, which stated that local governments have no power to ta3
instrumentalities of the 0ational ,overnment and that $+,%";, it is performing both proprietar and government
functions! M%I++ claims that like $+,%";, it is performing a governmental function as well Bread the first paragraph
above again?, thus, it should be e3empt from ta3ation b the %it of %ebu!
Hel(: M%I++ is wrong! ;easons:
1? Basco v! $+,%"; was decided before the enactment of the 8,% of 1441! It thus finds no application in this
case because the arguments here rel heavil on said 8,%!
2? &hen there is the curious #ec 2@A which states, F<3emptions from ;eal $ropert &a3! &he following are
e3empted from pament of the real propert ta3: a? ;eal propert owned b the ;epublic of the $hilippines or an of its
political subdivisions e3cept when the beneficial use thereof had been granted, for reconsideration or otherwise, to a
ta3able person 3 3 3 e3cept as provided herein, an e3emption from pament of real propert ta3 previousl granted to, or
presentl en>oed b all persons, whether natural or >uridical, including government(owned or controlled corporations, are
hereb withdrawn upon the effectivit of this code! F%an M%I++ claim that is parcels of land are basicall owned b the
;epublic of the $hilippines in %ebu thus lands are e3empt from real propert ta3P &he court answered no, because under
M%I++-s charter, all lands owned b e3isting airports belonging to the ;epublic of the $hilippines in %ebu are transferred
to the M%I++, meaning, there was an absolute conveance of ownership to M%I++! &he ;epublic of the $hilippines is no
longer the owner of the lands in Iuestion, thus M%I++ is not spared from real propert ta3es!
@? 6hile M%I++ is correct in invoking #ec 1@@ Bo? above which disallows 8,Ds to ta3 the 0ational ,overnment,
its agencies and instrumentalities, and 8,Ds, #ec 1@@ Bo? is also Iualified b the phrase, Funless otherwise provided
herein!G Bin this code?! &he ta3 imposed upon M%I++ concerns real propert ta3es! &hus M%I++ is also sub>ect to #ec
2@A and for reasons mentioned in no!2?! M%I++ is not spared from propert ta3es!
A? &he ultimate fact remains that #ec 14@ of the 8,% of 1441 has repealed the ta3 e3emption privilege en>oed
b M%I++ as stated in #ec! 1A of its charter! &his polic is consistent with the #tate-s polic to ensure genuine and
meaningful autonom to 8,Ds!
NOTE: the F;epublic of the $hilippinesG is not the same as F0ational ,overnmentG B6owY?! &o better understand this
situation, let-s have a rundown of some boring definitions:
a? ;epublic of the $hilippines C snonmous with F,overnment of the ;epublic of the $hilippinesG2 the
corporate government entit through which the function of government are e3ercised throughout the
$hilippines, including, save as the contrar appears from the conte3t, the various arms through which
political authorit is made effective in the $hilippines, whether pertaining to the autonomous regions,
the provincial cit, municipal or baranga subdivisions or other forms of local government!
b? 0ational ,overnment C the entire machiner of the central government Be3ecutive, legislative and
>uridical? as opposed to the forms of local governments!
c? +genc C an of the various units of the ,overnment, including a department, bureau, office
instrumentalit, or ,"%% or a local government or a distinct unit therein
d? Instrumentalit C an agenc of the 0ational ,overnment, not integrated within the department
framework, vested with special functions or >urisdiction b law, endowed with some if not all corporate
powers, administering special funds, and en>oing operational autonom2 usuall though a charter
e!g! regulator agencies, chartered institutions and ,"%%s
0. - MERALCO / Pr'/in-e '* La7$na 043 SCRA 914
Fa-,s: "n various dates! %ertain municipalities of the $rovince of 8aguna, including, BiZan, #ta! ;osa, #an
$edro, 8uisiana, %anluan and %abuao, b virtue of e3isting laws then effect, issued resolution through their respective
municipal councils granting franchise in favor of petitioner Manila <lectric %ompan BFM<;+8%"G? for the suppl of
electric light, heat and power within their concerned areas! "n 14 7anuar 14.@, M<;+8%" was likewise granted a
franchise b the 0ational <lectrification +dministration to operate an electric light and power service in the Municipalit of
%alamba, 8aguna!
"n 12 #eptember 1441, ;epublic +ct 0o! =150, otherwise known as the F8ocal ,overnment, %ode of 1441,G was
enacted to take effect on 01 7anuar 1442, en>oing local government units e3pressed therein own sources of revenue
and to lev ta3es, fees and charges, sub>ect to the limitations e3pressed therein, consistent with the basic polic of local
autonom! $ursuant to the provisions of the %ode, respondent province enacted 8aguna $rovincial "rdinance 0o! 01(42,
effective 01 7anuar 144@, imposing a ta3 on business en>oing a franchise!
"n the basis of the above ordinance, respondent $rovincial &reasurer sent a demand letter to M<;+8%" for the
corresponding ta3 pament! M<;+8%", however, contented that the imposition of a franchise ta3 under #ection 2!04 of
8aguna $rovincial "rdinance 0o! 01(42, insofar as it concerned M<;+8%", contravened the provisions of #ection 1 of
$!D! //1 which read: F+n provision of law or local ordinance to the contrar notwithstanding, the franchise ta3 paable b
all grantees of franchises to generate, distribute and sell electric current for light, heat and power shall be two per cent
B2R? of their gross receipt received from the sale of electric current and from transactions incident to the generation,
distribution and sale of electric current! #uch franchise ta3 3 3 3 shall an provision of the 8ocal &a3 %ode or an other law
to the contrar notwithstanding, be in lieu of all ta3es and assessments of whatever nature imposed b an national or
local authorit on earnings, receipt, income and privilege of generation, distribution and sale of electric current! B0ote the
italici*ed sentence?
M<;+8%" now contents that 1? the phrase Fshall be in lieu of all ta3es 3 3 3 in sec 1 of $!D! //1 prevents the
province of 8aguna from imposing franchise ta3es on it 2? whether the ordinance is violative of the non(impairment clause
and @? whether the 8,% of 1441 has repealed, modified or amended $!D! //1!
Hel(: +ll contentions b M<;+8%" are incorrect! ;easons:
1? Indicative of the legislative intent to carr out the %onstitutional mandate of vesting broad ta3 powers
to local government units, the 8ocal ,overnment %ode has effectivel withdrawn under #ection 14@ thereof, ta3
e3emptions or incentives therefore en>oed b certain entities! &his is also supported b #ection 1@= which states,
F0otwithstanding an e3emption granted b an law or other special law, the province ma impose a ta3 on business
en>oing a franchise 3 3 3 and also b #ec! /@A, the repealing clause, which declares! F+ll general and special laws, acts,
cit charters, decrees, e3ecutive orders, proclamation and administrative regulation, or part or parts thereof which are
inconsistent with an of the provisions of this %ode are hereb repealed or modified accordingl!G
2? In the recent case of the %it ,overnment of #an $ablo, etc!, et al! vs! )on! Beinvenido V! ;ees, et!
+l!, the %ourt has held the phrase Fin lieu of all ta3esG has to give wa to the peremptor language of the 8ocal
,overnment %ode specificall providing for the withdrawal of such e3emptions, privileged, and that Fupon the effectivit of
the 8ocal ,overnment %ode all e3emptions e3cept onl as provided therein can no longer be invoked b M<;+8%" to
disclaim liabilit for the local ta3!G
@? 6hile the court has, not too infreIuentl, referred to ta3 e3emptions contained in special franchises
as being in the nature of contracts and a part of the inducement for carring on the franchise, these e3emptions,
nevertheless, are far from being strictl contractual in nature! %ontractual ta3 e3emptions, in the real sense of the term
and where the non(impairment clause of the %onstitution can rightl, be invoked, are those agreed to b the ta3ing
authorit in contracts, such as those contained in special government bonds or debentures, lawfull entered into b them
under enabling laws in which the government, acting in its private capacit, sheds its cloak of authorit and waives its
governmental immunit! &rul, ta3 e3emptions of this kind ma not be revoked without impairing the obligations of
contracts! &hese contractual ta3 e3emptions, however, are not to be confused with ta3 e3emptions granted under
franchise! + franchise partakes the nature of a grant which is beond the purview of the non(impairment clause of the
%onstitution! Indeed, +rticle MII, section 11, of the 14.= %onstitution, like its precursor provisions in the 14@/ and the 14=@
%onstitutions, is e3plicit that no franchise for the operation of a public utilit shall be granted e3cept under the condition
that such privilege shall be sub>ect to amended, alternation or repeal b %ongress as and when the common good so
reIuires!
0. ( M$ni-ipali,. '* San Fernan(' /. S,a. R'!ana #52 SCRA )9
Fa-,s: &he Municipalit of #an 'ernando, 8a Dnion which was undertaking a cement road construction around
its #upermarket and other municipal pro>ects, needed sufficient gravel and sand from their source, the Municipalit of
8una, 8a Dnion but its trucks sent to the latter municipalit to haul said road construction materials were allegedl charged
unreasonable fees per truck load!
#aid fees charged b 8una were based on #ection 1 of "rdinance 0o! 1 enacted b it which reads, F&here shall
be collected from an person, partnership or corporation engaged in an business, occupation or calling or en>oing an
privilege hereunder enumerated the following municipal license andKor fees 3 3 3 F
"n March 1., 145., the Municipalit of #an 'ernando represent b its incumbent Municipal Maor 8oren*o 8!
Dacana filed a complaint for in>unction with 6rit of preliminar In>unction at the %ourt of 'irst Instance of 8a Dnion
against the Municipalit of 8una and its officials and authori*ed agents, praing that the Municipalit of 8una be
immediatel en>oined from preventing #an 'ernando-s its from obtaining road construction from 8una, 8a Dnion and from
leving unreasonable and after trial to make the in>unction permanent! &he lower court granted said petition!
&he main issue in this case is whether the Municipalit of 8una has the authorit to pass "rdinance 0o!1 and
impose the license fees in Iuestion!
Hel(: &he answer is 0o, but for a surprising reason! &he reason is that this issue in the case at is governed b
$resident Decree 0o! 2@1, enacting a 8ocal &a3 %ode Bfor $rovinces, %ities, municipalities and Barrios? which took effect
on 7ul 1, 14=@! &he %ode provides:
F#<% 10! #and and gravel fee! &he province ma lev and collect a fee of not e3ceeding twent(five centavos per cubic
meter of ordinar stones, sand, gravel earth and other materials selected from lakes, rivers, streams, creeks and other
public waters within the >urisdiction of the province!
F#<% 22! #pecific limitations on power! <3cept as otherwise provided in this %ode, the municipalit shall not lev the
following:
Ba? &a3es, fees and charges that the province or cit is authori*ed to lev in this %ode 3 3 3G
#ection 10 of aforesaid decree was later amended b $residential Decree 0o! A25 dated March 14=A, and now
reads: #and and gravel ta3! &he province ma lev and collect a ta3 of not e3ceeding sevent(five centavos per cubic
meter of ordinar stones, sand, gravel earth and other materials e3tracted from public and private lands of the government
or from the beds of seas, lakes, streams, creeks, and other public waters within the >urisdiction of the province! &he
municipalit where the materials e3tracted shall share in the proceeds of the ta3 herein authori*ed at a rate of not more
than thirt per cent thereof as ma be determined b the $rovincial Board! &he permit to e3tract the materials shall be
issued b the Direction of Mines or his dul authori*ed representative and the e3traction thereof shall be governed b
regulations issued b the Director of Mines!
Dnder the above(Iuoted provisions of the 8ocal &a3 %ode, there is no Iuestion that the authorit impose the
license fees in dispute, properl belongs to the province concerned and not to the Municipalit of 8una which is
specificall prohibited under #ection 22 of same %ode Ffrom leving fees and charges that the province or cit is
authori*ed to lev in this %ode! F"n the other hand, Municipalit of #an 'ernando cannot e3tract sand and gravel from the
Municipalit of 8una without the corresponding ta3es or fees that ma be imposed b the province of 8a Dnion!
NOTE: &his is a lous case! &he 8,% wasn-t even used as legal basis in the decision, but then was an old case!
6hat if we decide this case using the 8,% of 1441P 6as #an 'ernando forming a governmental or proprietar function in
constructing roadsP In either case, based on these of facts alone, can the municipalit of 8una ta3 the municipalit of #an
'ernandoP
0. e C'!pania General (e Ta"a-'s /. Ci,. '* Manila < SCRA 039
Fa-,s: %ompania ,eneral &abacos de 'ilipinas B&abacalera for short? filed this action in the court of 'irst
Instance of Manila to recover from appellants, %it of Manila and its &reasurer, Marcelino #armiento also hereinafter
referred to as the cit the sum of $1/, 2.0!00 allegedl overpaid b it as on its wholesale and retail sales of liIuor for the
period from the third Iuarter of 14/A to the second Iuarter of 14/=, inclusive, under "rdinances 0os! @5@A, @@01, and
@.15!
&abacalera-s action for refund is based on the theor tat, in connection with its liIuor sales, it could pa the
license fees prescribe b "rdinance 0o! 22/. but not the municipal sales ta3es imposed "rdinances 0os! @5@A, @@01,
and @.152 and since it alread paid the license fees aforesaid, the sales paid b the amounting ton sum of $ 1/,20.!00
under the three ordinance mentioned heretofore is overpament made b mistake and therefore refundable!
&he cit, on the other hand, contends that for permit issued to it granting proper authorit to conduct or engage in
the sale of alcoholic beverages or liIuorsG &abacalera is sub>ect to pa the license prescribed b "rdinance 0o! @@/.,
aside from the sales ta3es imposed b "rdinances 0os! @5@A, and @.15 that even assuming that &abacalera is not
sub>ect to the pament of the sales ta3es prescribed b the said three ordinances as regards its liIuor sales, it is not
entitled to the refund for the following reasons: 1? the said amount was paid b the plaintiff voluntaril and without protest:
2? If at all the alleged overpament was made b mistake, such mistake was one of law and impose from the plaintiff
neglect of dut2 @? &he said amount had been added b the plaintiff to the selling price of the liIuor sold b it and passed
to the consumers2 A? &he said amount had been alread e3pended b the defendant %it for public improvement and
essential services of the %it government, the benefits of which are en>oed and being en>oed b the plaintiff!
Hel(: &abacalera-s contentions are untenable! 6hat is collected under "rdinance 0o! @@/. is a license fee for the
privilege of engaging in the sale of liIuor a calling in which it is obviousl not anone or anbod ma freel engage,
considering that the sale of liIuor indiscriminatel ma endanger public health and morals! "n the other hand, what the
three ordinances mentioned herefore impose is a ta3 for revenue purposes based on the sales made of the same article
or merchandise! It is alread settled on this connection that both a license fee and a ta3 ma be imposed on the same
business or occupation for selling the same article, this not being in violation of the rule against double ta3ation! &his is
precisel the case with the ordinances involved in the case at bar!
0. * T. /. Tra!pe )14 SCRA 144
Fa-,s: "n 05 7anuar 144A, the Municipal +ssessor of $asig sent a notice of assessment concerning certain real
properties owned b +le>andro B & located in $asig, Metro Manila! + similar notice for the same reason was also sent to
MV; $icture &ube! Inc! located in $asig, Metro Manila! In a dated 1. March 144A, petitioners & and MV; $icture &ube
Inc! B& and %ompan? through counsel FreIuested the Municipal +ssessor to consider the sub>ect assessments!G 0ot
satisfied, & and %ompan on 24 March 144A filed with the ;&% of the 0ational %apital 7udicial ;egion, Branch 15@,
presided over b 7udge +urelio &rampe, a $etition for $rohibition with praer for a restraining order or writ of preliminar
in>unction to declare null and void the new ta3 assessment and to en>oin the collection of real estate ta3es based on said
assessments! &he >udge denied said petition!
& and %ompan now contends that 1?the %ourt gravel erred in holding that $residential decree 0o! 421,
including its implementing rules and regulations, were e3pressl repealed b ;!+ =150 the %ourt erred in not declaring the
confiscator and oppressive nature of the assessments as illegal ab initio and unconstitutional constituting a deprivation
of propert without due process of law and the %ourt erred in declaring that & and compan failed to e3haust
administrative remedies provided the law b not paing ta3 although under protest instead B#ec! 2/2, 8,%?! &o put it in
words >ustice $anganiban, who loves to ask a Iuestion before writing his decisions, are the increased real state ta3es
imposed b and collected b the Municipalit of $asig, effective from the ear 144A, legalP B6ith all due respect to the
good 7ustice, the real Iuestion is: Does the municipal, provincial cit assessor Uas the case ma beV! +cting alone, have
the authorit to prepare the #chedule of Values real propert as mandated b ;!+! =150, or is the schedule of Values
prepared b a group of assessors as mandated b $!D! 421P "bviousl, we have 2 conflicting laws here?!
Hel(: & and %ompan-s petition is meritorious! ;easons:
1? &o resolve & and %ompan-s first contention, we have to e3amine certain @ laws! &he first is ;!+! 1/ of
$!D! A5A, the ;eal $ropert &a3 %ode which states, F$reparation of #chedules of Value before an general revision of
propert assessments is made as provided in this %ode, there shall be prepared for the province or a schedule of Market
Value for the different classes of real propert therein situated in such form and detail as shall be prescribed b the
#ecretar of 'inance!G
&he second is #ection 4 of $!D! 421 which states, F$reparation of #chedule of Value for ;eal $ropert within the
Metropolitan +rea! &he #chedule of Value that will serve as the basis for the appraisal and assessment for ta3ation
purposes of real properties located within the Metropolitan +rea!
#hall be prepared >ointl b the %it +ssessors of the Districts created under #ection one hereof, with the %it
+ssessors of Manila acting as %hairman, in accordance with the pertinent provisions of $residential Decree 0o! A5A, as
amended, otherwise known as the ;eal $ropert &a3 %ode, and the implementing rules and regulations thereof issued b
the #ecretar of 'inance!G
&he second is #ection 4 of $!D! 421 which states! F$reparation of #chedule of Values that will serve as the basis
for the appraisal and assessment for ta3ation purposes of real properties located within the Metropolitan +rea shall be
prepared >ointl b the %it +ssessors of the Districts created under #ection one hereof, with the %it +ssessor of Manila
acting as %hairman, in accordance with the pertinent provisions of $residential Decree 0o! A5A, as amended, otherwise
known as the ;eal $ropert &a3 %ode, and the implementing rules and regulations thereof issued b the #ecretar of
'inance! +lso, we have #ection 1, same $!D!, which states, FDivision of Metropolitan Manila into 8ocal &reasur and
+ssessment Districts! 'or purposes of effective fiscal management, Metropolitan Manila is hereb divided into the
following 8ocal &reasur and +ssessment Districts:
'irst District Manila
#econd District Hue*on %it, $asig, Marikina, Mandaluong and #an 7uan
&hird District %aloocan %it, Malabon, 0avotas and Valen*uela
'ourth District $asa %it, Makati, $araZaIue, Muntinlupa, 8as $iZas, $ateros and &aguig
Manila, Hue*on %it, %aloocan %it and $asa %it shall be the respective %enters of the aforesaid &reasur and
+ssessment Districts!
&he third is #ec! 212 of the 8,%, 1441 which states, F$reparation of #chedule of 'air Market Values! Before an
general revision of propert assessment is made pursuant to the provisions of this &itle, there shall be prepared a
schedule of fair market values b the provincial, cit and the municipal assessors of the municipalities within the
Metropolitan Manila +rea for the different classes of real propert situated in their respective local government units for
enactment b ordinance of the sanggunian concerned 3 3 3!G
&he Iuestion now is, who will prepared the schedule of 'air Market Values: the gus under $!D! 421 of the gus
under 8,% of 1441P It should be noted that the 8,% did not e3pressl repeal $!D! 421! Did the former impliedl repeal
the latter thenP &he court answered no! I t is a basic rule of statutor construction that repeals b implication are not
favored! +n implied repeal will not be allowed unless it is convincingl and unambiguousl demonstrated that the two laws
are so clearl repugnant and patentl inconsistent that the cannot co(e3ist! &his is based on the rationale that the will of
the legislature cannot be overturned b >udicial function of construction and interpretation! %ourts cannot take the place of
%ongress in repealing statutes! &heir function is to tr to harmoni*e, as much as possible, seeming conflicts in the laws
and resolve doubts in favor of their validit and co(e3istence!
It is obvious that harmon in these provisions is not onl possible, but in fact desirable, necessar and consistent
with the legislative intent and polic! B reading together and harmoni*ing these two provisions, we arrive at the following
steps in the preparation of the said schedule, as follows:
a? &he assessors in each municipalit or cit in the Metropolitan Manila area shall prepare hisKher proposed
schedule of values, in accordance with #ec! 212 ;!+! =150!
b? &hen, the 8ocal &reasur and +ssessment District shall meet per #ec! 4 $!D! 421! In the instant case, that
district shall be composed of the assessors in Hue*on %it, $asig , Marikina, Mandaluong and #an 7uan,
pursuant to #ec! 1 of said $!D! In this meeting, the different assessors shall compare their individual
assessments, discuss and thereafter >ointl agree and produce a schedule of values for their districts, taking
into account the preamble of said $!D! that the should evolve Fa progressive revenue raising program that
will not undul burden the ta3paers!G
c? &he schedule >ointl agreed upon b the assessors shall the be published in a newspaper of general
circulation and submitted to the sanggunian concerned for enactment b ordinance, per #ec! 212, ;!+! =150!
2? +lthough as a rule, administrative remedies must first be e3hausted before resort to >udicial action can prosper,
there is a well(settled e3ception in cases where the controvers does not involve Iuestion of fact but of la! & and
compan are not merel Iuestioning the amounts of increase in the ta3, the are Iuestioning the ver authorit
and power of the assessor, acting solel and increase in the ta3, the are Iuestioning the ver authorit and
power of the assessor, acting solel and independentl, to impose the assessment and of the treasurer to collect
the ta3! &herefore, there is no reason for & and compan to e3haust the administrative remedies provided for in
the 8,%, namel #ec 225 Bappeal to the 8ocal Board of +ssessment +ppeals? and #ec! 2/2 B$ament under
protest?!
@? 'inall the court will not pass upon the constitutionalit of the law if the controvers can be settled on other
grounds, like in this case, b harmoni*ing the conflicting provisions of $!D! 421 and the 8,%!
D@ P'&er ,' Open an( Cl'se R'a(s ?Se-. )#8 LGC8 Ar,. 50-518 IRR@
T #ec! 21! %losure and "pening of ;oads
Ba? +n 8,D ma, pursuant to an ordinance permanentl or temporaril close or open an local road, alle, park or
sIuare falling within its >urisdiction: provided however, that in the case of permanent closure, such ordinance must be
approved b at least 2K@ of all members of the sanggunian, and when necessar, an adeIuate substitute for the public
facilit that is sub>ect to closure provided!
Bb? 0o such wa or place or an part thereof shall be permanentl closed Fwithout making provisions for the
maintenance of public safet therein! + propert thus permanentl withdrawn from public use ma be used or
conveed for an purpose for which other real propert belonging to the 8,D concerned ma be lawfull used or
conveed ! $rovided however, &hat no freedom park shall be closed permanentl without provision for its transfer or
relocation to a new site!
Bc? +n national or local road, alle, park or sIuare ma be temporaril closed during an actual emergenc, or
fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highwas,
telecommunications and waterworks pro>ects, the duration of which shall be specified b the local chief e3ecutive
concerned in a written order! $rovided however, that no national or local road, alle, park or sIuare shall be
temporaril closed for athletic, cultural or civic activities not officiall sponsored, recogni*ed or approved b the 8,D
concerned!
Bd? +n cit, municipalit or baranga ma b a dul enacted ordinance, temporaril close and regulate the use
of an an local street road thoroughfare or an other public place where shopping malls, #unda, flea or night markets
or shopping areas ma be established and where goods, merchandise, foodstuffs, commodities, or articles of
commerce ma be sold and dispensed to the general public!
T +rt A@! +uthorit to %lose or "pen! +n 8,D ma, through an ordinance permanentl or temporaril close or open
an road, alle, park or sIuare within its >urisdictions!
T +rt AA! $ermanent %losure!
Ba? 0o permanent closure of an local road, street, alle, park or sIuare shall be effected
unless there e3ists a compelling reason or sufficient >ustification therefore such as, but not
limited to change in land use, establishment of infrastructure facilities, pro>ects or such
other >ustifiable reasons as public welfare ma reIuire!
Bb? 6hen necessar, an adeIuate substitute for the public facilit that is sub>ect to closure
shall be provided! 0o freedom park shall be closed permanentl without provision for its
transfer or relocation to a new site
Bc? 0o such wa or place or an part thereof shall be permanentl closed without making
provisions for the maintenance of a public sstem therein
Bd? + propert permanentl withdrawn from public use ma be used or conveed for an
purpose for which other real propert belonging to propert ma be lawfull used or
conveed!
Be? B&he ordinance authori*ing permanent closure must be approved b at least 2K@ of all
members of the #anggunian! $ublic hearings shall first be conducted before an ordinance
authori*ing permanent closure of an local roads, alle, park or sIuare is enacted! 0otices
of such hearings and copies of the proposed ordinance shall be posted for a minimum of @
consecutive weeks in conspicuous places in the provincial capitol, or in the cit, municipal,
or baranga hall of 8,D and within the vicinit of the street or park proposed to be closed!
T +rt! A/! &emporar %losure! +n national of local road, alle, park, or sIuare ma be temporaril closed during
actual emergenc or fiesta celebrations, public rallies, agricultural or industrial fairs, or undertakings of pubic works and
high was, telecommunications and waterworks pro>ects, the duration of which shall be specified b the local chief
e3ecutive concerned in a written order as follows:
B1? During fiestas for a period not e3ceeding 4 das
B2? During agricultural or industrial fairs or e3positions, for a period as ma be determined to be necessar and
reasonable
B@? 6hen public works pro>ects or activities are being undertaken, for a period as ma be determined necessar
for the safet, securit, health or welfare of the public or when such closure is necessar to facilitate completion of the
pro>ects or activities
BA? +n 8,D ma temporaril close and regulate the use of an local street, road, thoroughfare, or public place
where shopping malls, #unda market, flea or night market, or shopping areas ma be established and where goods,
merchandise, foodstuff, commodities, or articles of commerce ma be sold and dispensed to the general public
B/? 0o national or local road, alle, park, or sIuare shall be temporaril closed for athletic, cultural, or civic
activities not officiall sponsored, recogni*ed or approved b the 8,D!
Fa-,'rs ,' -'nsi(er in /a-a,in7 a s,ree,
a? &opograph of the propert surrounding the street in the light of ingress and egress to other streets
b? ;elationship of the street in the road sstem throughout the subdivision
c? $roblem posed b the Sdead end- of the street
d? 6idth of the street
e? %ost of rebuilding and maintaining the street as contrasted to its ultimate value to all of the propert in
the vicinit
f? Inconvenience of those visiting the subdivision
g? 6hether the closing of the street would cut off an propert owners from access to a street!
(.# Fa/is /. Ci,. '* Ba7$i' )9 SCRA #434
Fa-,s: &his case took place in Baguio %it!
"n +pril @0, 14/=, +ntonio 'avis bought a parcel of land from the +ssumption %onvent, Inc! &his land is
surrounded b the following areas Bgo get a pen and paper and draw a map of this land to better understand this case?:
1! 8ot 2(<(@(B(@(B(1 C this lot is owned b +ssumption and is located southwest of 'avis- land2 this lot was
donated to the %it because it was the site for a proposed road! &his donated road is 'avis- onl means of ingress and
egress to 8apu(lapu #treet, a public street!
2! 8apu(lapu #treet C this street is a portion of the Baguio Market #ubdivision, a big tract of land registered in the
name of the %it! 8apu(lapu street is connected at one end to two lots: a? 8ot 2(<(@(B(@(B(12 and b? a lot owned b
"lmina 'ernande*! ,enerall, 8apu(lapu #treet is . m! in width, but at its connecting point with 8ot 2(<(@(B(@(B(1, it-s onl
2!/ m! in width!
@! 8ot 2/ C this lot is located in the northern portion of Baguio Market #ubdivision and is right beside 'ernande*-s
lot! &he shell "il %ompan leased this lot in 14A= for its use as a service station! 10 ears later, #hell leased 8ot 2/ again
and a portion of 8apu(lapu #treet as well, reducing the latter-s width to onl / meters! &he %it approved the renewal of
the lease thru ;esolution 0o! 1@2(51!
'avis protested the lease because it reduced the width of 8apu(lapu #treet, thus B1? his entrance and e3it to and
from his propert has become ver difficult2 B2? it became impossible for his big trucks and trailers to turn around2 B@? it
made the area around it ver dangerous in case of fire2 and BA? it has caused perpetual danger, annoance, irreparable
loss and damage not onl to the public in general but especiall to 'avis himself! In response, the %it approved
;esolution 21/(51, converting the remaining / m!(width portion of 8apu(lapu street into an alle Blous resolutionN?!
Dnsatisfied with the %it-s response, 'avis %ommenced suit to annul the lease contract for the reasons mentioned above
and also because of the following: 1? the power to close streets should be effected thru an ordinance and not thru a
resolution2 2? the %it failed to give notice to owners of contiguous properties whose rights might be affected2 and @? the
cit council of Baguio and municipal bodies in general, have no inherent right to vacate or withdraw a street from public
use, either in whole or in part, thus there must be a specific grant b the legislative bod to the cit or municipalit
concerned!
Hel(: 'avis contentions are unmeritorious! ;easons:
1? &he embattled resolutions are >ust as good as ordinances! &he ob>ection is onl of forms, not of substance!
2? 0otice is not needed because the %it %harter reIuires notice onl when the ordinance in Iuestion also calls
for an assessment regarding a pro>ect to be implemented! In this case, no assessment was called for and was in fact, not
necessar!
@? 6hile 'avis is correct that municipal bodies have no inherent right to close a public street, still the %it %harter
does authori*e Baguio %it to close public roads in its discretion absent a plain case of abuse, or fraud or collision!
'aithfulness in public trust is presumed! $ublic interest is served thru 1? savings from cost of road maintenance2 and 2?
gaining b the %it of some income thru leasing!
A? 'avis- private rights were not invaded! 8apu(lapu street does not abut his parcel of land! &he general rule is
that one whose propert does not abut on the closed section of a street has no right to compensation for the closing or
vacation of the street, if he still has reasonable access to the general sstem of streets! &he circumstances in some cases
ma be such as to give a right to damages to a propert owner, even though his propert does not abut on the closed
section! But to warrant recover in an such case the propert owner must show that the situation is such that he has
sustained special damages differing in from those sustained b kind, and not merel in degree, the public generall!
2! "ther illustrative cases:
(.#. Ca"rera /. CA #21 SCRA 0#5
Fa-,s: "n #ept! 14, 1454, the $rovincial Board of %atanduanes passed ;esolution 1/. authori*ing the closure of
the old road leading to the %apitol %it of %atanduanes! + new road was built which traversed the land of ;emedios
Bagadiong and several others similarl affected! Bagadiong and friends were given portions of the old road as
compensation for the properties the lost as a result of the construction of the new road!
"ne man, Bruno %abrera, did not like the idea of the old road being gone! )e filed a complaint for F;estoration of
$ublic ;oad andKor +batement of 0uisance, +nnulment of ;esolutions and Documents with DamagesG alleging that the
old road in Iuestion was a public road owned b the $rovince of %atanduanes in its governmental capacit and was thus
beond the commerce of man! It stands to reason then, that said road cannot be the sub>ect of private contracts, such as
barter or e3change! Moreover, %abrera insists, control over public roads lies with %ongress, not with the $rovincial Board!
Hel(: %abrera is wrong! ;easons:
1? ;esolution 1/. states, in black and white ink, that it is for the closure of a public road and not for a contract of
barter or e3change! ;+ /1./ #ec 11 Ba? B+n +nt ,ranting 'urther 8ocal +utonom to 8ocal ,overnments?, in relation to
#ec! 22A5 of the revised +dministration %ode, is the pertinent law from which ;esolution 1/. derives its authorit!
2? &he barter or e3change is legal Sco* it-s in accordance with #ec! A12 of the %ivil %ode, which states: F$ropert
of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial propert
of the #tate!G
0ote: &he power to open or close roads is e3pressl provided for in +rt! A@, I;; of the 8,%, 1441!
(.).Da-ana. /. Asis,i' )4< SCRA 545
Fa-,s: 6a back in 7anuar /, 14=4, the Metropolitan Manila %ommission BMM%? enacted MM% "rdinance =4(
02, which allowed certain cit and municipal public streets and roads to be sites for man vendors applied for licenses to
conduct such activities in said streets!
"n Dec! 20, 14.=, the ;&% of %aloocan %it ruled that the streets were of public dominion and ordered the
demolition of said stalls! But Maor Martine*, who had advocated the demolition of the said stalls, has been replaced b
Maor +sistio! Maor +sistio did not carr out the order of the ;&%, for humanitarian reasons! 'rancisco Dacana, a
concerned citi*en and a resident along )eroes del -45 street, filed a petition for mandamus to compel the Maor, thru the
%it <ngineer, to remove the said stalls! 6ill the petition prosperP
Hel(: Qes, for the plain and simple reason that public roads cannot be the ob>ect of leases and thus cannot be
bargain awa thru contracts! $ublic roads should serve the purpose for which the were built: for public use as arteries of
travel for vehicles and pedestrians!
(.0. Ma-asian' /. Di'%n' )#) SCRA 535
Fa-,s: "n 7une 1@, 1440, the municipalit of $aranaIue passed "rdinance no! 40, series of 1440, which
authori*ed the closure of / streets located at Baclaran, $aranaIue for the establishment there of a flea market! "n 7ul
20, 1440, the Metropolitan Manila +uthorit approved the said ordinance but sub>ect to the following conditions:
1! &hat the afore(named streets are not used for vehicular traffic, and that the ma>orit of the residents do not
oppose the establishment of the flea marketKvending areas thereon2
2! &hat the 2 meter middle road to be used for flea marketKvending area shall be marked distinctl, and that the 2
meters on both sides of the road shall be used b pedestrians2
@! &hat the time during which the vending area is to be used shall be clearl designated2
A! &hat the use of the vending areas shall be temporar and shall be closed once the reclaimed areas are
developed and donated b the $ublic <state +uthorit!
$alanag 1ilusang Baan for #ervice, a service cooperative, then entered into a contract with $aranaIue for the
construction and operation of market stalls in the said streets!
#ome months later, Brg! ,en! 8ev Macasiano, $0$ #uperintendent of the Metropolitan &raffic %ommand,
entered the picture! )e wrote $alanag a letter demanding the latter to discontinue the flea market, otherwise the market
stalls would be dismantled! Macasiano-s beef was that "rdinance 0o! 40which authori*ed the lease and use of public
thoroughfares as site for flea markets is not valid because it is on legal basis! 6as he correctP
Hel(: Qes! ;easons:
1? &he Municipalit of $aranaIue did not follow #ec! 10, %hapter 11, 8,% 14.@, to the letter! Its states that:
F%losure of roads! + local ,overnment unit ma likewise, through its head acting pursuant to resolution of its sanggunian
and in accordance with e3isting law and the provisions of this %ode, states an baranga, municipal, cit or provincial
road, street, alle, park or sIuare! 0o such wa or an part of thereof shall be close without indemnifing an person
pre>udiced thereb! + propert thus withdrawn form public use ma be used or conveed for an purpose for which other
real propert belonging to the local unit concerned might be lawfull used or conveed!G
0ote the italici*ed phrase Fand in accordance with e3isting law and the provisions of this %ode! G&he power to
close roads b 8,Ds is still sub>ect to e3isting law! In this light, +rt! A2A of the %ivil %ode is relevant! It essentiall sas
that if public propert is withdrawn from public use, the propert becomes patrimonial propert of the 8,D concerned and
ma thus be sub>ect to ordinar contracts! &his is all assuming if the public are still open to vehicular traffic and are thus
still devoted to public use!
2? 'ollowing the argument of the [ 1 above, it goes to show that $aranaIue did not follow condition as imposed
b the MM+ for "rdinance 40 tie be valid! &he legalit of "rdinance 40, under the circumstances, cannot be sustained!
(.5. San7alan7 /. IAC #93 SCRA 9#2
Fa-,s: +s far back in 14==, Makati, Metro Manila has alwas been plagued b traffic! 'or this reason, during that
time, Maor 0emesio Qabut of Makati ordered that studies be made on was on how to alleviate the traffic problem,
particularl in the areas along the public streets ad>acent to Bel(+ir Village! &he studies revealed that the subdivision plan
of Bel(+ir was approved b the %ourt of 'irst! Distance of ;i*al on the condition, among others, that its ma>or
thoroughfares connecting to public streets and highwas shall be opened to public traffic! +ccordingl, it was deemed
necessar b the Municipalit of Makati in the interest of the general public to open to traffic +mapola, Mercedes, 9odiac,
7upiter, 0eptune, "rbit and $asco de ;o3as streets! +s a result, the gates owned b B+V+ at 7upiter and "rbit were
ordered demolished!
Maor Qabut >ustified the opening of the streets on the following grounds:
1? #ome time ago, +ala %orporation donated 7upiter and "rbit #treets to Bel(+ir on the condition that, under
certain reasonable conditions and restrictions, the general public shall alwas be open to the general public! &hese
conditions were evidenced b a deed of donation e3ecuted between +ala and Bel(+ir!
2? &he opening of the streets was >ustified b public necessit and the e3ercise of the police power!
@? Bel(+ir Village +ssociation-s BB+V+? articles of incorporation recogni*ed 7upiter #treet as a mere boundar to
the southwest C thus it cannot be said to be for the e3clusive benefit of Bel(+ir residents!
A? B+V+ cannot hide behind the non(impairment clause on the ground that is constitutionall guaranteed! &he
reason is that it is not absolute, since it has to be reconciled with the legitimate e3ercise of police power!
B+V+, on the other hand, contended:
1? ;ufino #antos, president of B+V+, never agreed to the opening of the said streets
2? B+V+ has alwas kept the streets voluntaril open anwa
Moreover, B+V+ claims the demolition of the gates abovementioned was a deprivation of propert without
process of law or e3propriation without >ust compensation!
6ho is correct: the Maor or B+V+P
)eld: &he Maor is correct, for the reasons mentioned above! +lso, the (e!'li,i'n of the gates is >ustified under
+rt! A@5 of the %ivil %ode!
F6hen an propert is condemned or sei*ed b competent authorit in the interest of health, safet or securit,
the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or sei*ure is
un>ustified!G
In this case, B+V+ has the burden of showing that the sei*ure of the gates is un>ustified because police power
can be e3ercised without provision for >ust compensation! &he %ourt is of the opinion that the Maor did not act
unreasonabl nor was the opening of the gates un>ustified! In fact, the gates could even be considered public nuisances,
of which summar abatement, as decreed under +rt! =01 of the %ivil %ode, ma be carried out b the Maor!
(.1.Ce"$ OC.7en /. Ber-illes 33 SCRA 5<#
Fa-,s: &he sub>ect of the dispute is a portion of M! Borces #treet, Mabolo, %ebu %it B10 ears from now, would
this name reall matterP?!
"ne da, on #ept! 2@, 145., the %it %ouncil of %ebu passed a resolution declaring the abovementioned street to
be abandoned! #ubseIuentl, the council passed another resolution authori*ing the +cting %it Maor to sell the street
Bwhich was actuall a parcel of land? thru a public bidding! %ebu "3gen and +cetlene %o! Inc! then bought the said
parcel of land!
)owever, when %ebu "3gen tried to have its land registered, the +ssistant $rovincial 'iscal of %ebu filed a
motion to dismiss the application on the ground that it is a public road intended for public use and thus was outside the
commerce of man! &he Iuestion now is whether the %it of %ebu is empowered to close a cit road or street!
Hel(: Qes, for the simple reason that the %it %harter of %ebu authori*es the same B0ote that toda, 8,Ds ma
close roads or streets under the authorit of the 8,D of 1441, charter of no charter?!
(.3.Pilapil /. CA )#3 SCRA 00
Fa-,s: &his case spanned for a period of 5 ears onl to reach an une3pected, tragic conclusion for the spouses
%olomida!
#pouses $ilapil own a parcel of land in Bahak, $oblacion, 8iloan, %ebu! #pouses %olomida, on the other hand,
bought a parcel of land located also in Bahak! 0ow this land owned b the %olomidas has for its ingress and egress to the
0ational ;oad a camino vecinal Bbarrio road?! )owever, this camino vecinal transverses the propert of the $ilapil, which
was the root of all their problems!
&he $ilapil denied the e3istence of the camino vecinal! #ocrates $ilapil, the husband, presented himself as
witness Bwhich was lous? as well as <ngineer <pifanio 7ordan, Municipal $lanning and Development %oordinator of
8iloan! &he engineer said that while that *oning map of $oblacion, 8iloan made reference to a camino vecinal, said
reference was but a mere proposal of its e3istence to the #angguniang Baan of 8iloan!
&he %olomidas, on the other hand, relied on old(timers as witnesses C witnesses such as 'lorentino $epito, who
attested to the e3istence of the %amino vecinal and its availabilit to the general public since practicall time immemorial!
&he trial court ruled in favor of the %olomidas because the *oning map used as evidence b the $ilapil did not
specificall indicate that the amino vecinal was indeed merel FproposedG since other roads and streets were classified as
such! &he %+ upheld that trial court, basicall because it said that findings of facts b the trial court, as a general rule,
should be undisturbed!
6ould the #% uphold the %+ rulingP
Hel(: 0o! In its infinite wisdom, the #% said that it didn-t matter what opinion the %olomidas or the engineer gave
regarding the e3istence of the camino vecinal! 6hat reall mattered is the *oning plan Bthe Drban 8and Dse $lan? as
finall approved b the #angguniang Baan of the Municipalit of 8iloan! &he *oning plan showed that the camino vecinal
was declared closed! %8"#<DY It-s so crstal clear, can-t ou seeP +nd it-s beond dispute that the abandonment, closure
or establishment of the camino vecinal is the sole prerogative of the Municipalit of 8iloan under the 8,D of 14.@! &he #%
rebuked the parties for not having resorted to a pre(trial conference which would have prevented the dragging of a trivial
case for si3 ears!
E@ C'rp'ra,e P'&ers ?Se-. ))8 LGC8 Ar,. 538 IRR@
T #ec! 22, 8,%, %orporate $owers! +? <ver 8,D, as a corporate, shall have the following powers:
1! &o have continuous succession in its corporate name2
2! &o sue and be sued2
@! &o have and use a corporate seal2
A! &o acIuire and conve real or personal propert
/! &o enter into contracts2 and
5! &o e3ercise such other powers as are granted to corporations, sub>ect to the limitations provided in this %ode
and other laws!
b? 8,Ds ma continue using, modif, or change their e3isting corporate seals! $rovided, that newl
established 8,Ds or those without corporate seals ma create their own corporate seals which shall be registered with
the DI8,! $rovided further, that ma change of corporate seal shall also be registered as provided herein!
c? Dnless otherwise provided in this %ode, no contract ma be entered into b the local chief e3ecutive in
behalf of the 8,D without prior authori*ation b the sanggunian concerned! + legible cop of such contrast shall be
posted at a conspicuous place in the province capitol or the cit, municipal or baranga hall!
d? 8,Ds shall en>o full local autonom to the e3ercise of their proprietar functions and in the
management of their economic enterprises, sub>ect to the limitations provided in this %ode and other applicable laws!
T+rticle A5, I;;! 0ote: It-s e3actl the same as #ec! 22, 8,%!
KM$ni-ipali,. Lia"ili,.
+! General R$le
Municipal liabilities arise from various sources in the conduct of municipal affairs, both governmental and
proprietar! Broadl, claims against municipalities include all obligations upon all municipal contracts and upon all
outstanding bonds, notes, and warrants issued b them! #trictl, however, these claims are demands for paments for
articles, furnished or services rendered to a municipalit in the conduct of its affairs, or demands asserting the tort liabilit
of the municipalit!
B! EC-ep,i'ns
1! +s provided b law
a? +rticle 21.4, 0ew %ivil %ode C F$rovinces, cities and municipalities shall be liable for damages
for the death of or in>uries suffered b an person b reason of the defective conditions of roads, streets, bridges, public
buildings, and other public works their control and supervision!G
CasesH
e.#. Ci,. '* Manila /. Te',i-' ))8 SCRA )39
Fa-,s: "n 7an! 2=, 14/., at about . p!m!, ,enaro &eotico was at the corner of the "ld 8uneta and $! Burgos
+venue, Manila, waiting for a >eepne to take him downtown! +fter / minutes, he managed to hail a >eepne that came
along to a stop! +s he stepped down from the curb to board the >eepne, and took a few steps he fell inside an uncovered
and unlighted manhole on $! Burgos +venue! &eotico sustained a lacerated wound in his left eelid, conclusion on his left
thigh, the upper left thighN oh m goodness, ever in>ur imaginableY BDse +tt! Dlep-s tone of voice?! &eotico was
hospitali*ed and the anti(tetanus in>ections administered to him caused allergic eruptions which reIuired further medical
treatment! &eotico filed an action for damages Bactual and moral damages? against the %it of Manila! &he %it denied
liabilit contending that #ec! A of the %it %harter B;+ A04? should prevail over +rt! 21.4 of the %ivil %ode because the
former is a special law intended e3clusivel for the %it of Manila, whereas the %ivil %ode is a general law applicable to
the entire $hilippines!
Hel(: #ec! A of ;+ A04 refers to liabilit arising from negligence in general regardless of the ob>ect thereof
whereas +rt! 21.4 governs liabilit due to defective streets in particular! #ince the presentation action is based upon the
detective condition of a road, said +rt! 21.4 is decisive! Dnder +rt! 21.4, it is not necessar for the liabilit therein
established to attach that the defective roads or streets belong to the province, cit or municipalit from which
responsibilit is e3acted! 6hat said +rticle reIuires is that the province, cit or municipalit has either control or
supervision over said street or road! <ven if $! Burgos were, therefore, a national highwa, this circumstance would not
necessaril detract from its Fcontrol of supervisionG b the %it of Manila, under ;+ A04! &he %it of Manila is therefore
liable to &eotico for damages!
e.). 6i!ene= /. Ci,. '* Manila #14 SCRA 1#4
Fa-,s: Bernardino 7imene* was the unluck said who fell in an uncovered opening o the ground located within the
premises of the #ta! +na public market! +t that time, the market was flooded with ankle(deep rainwater which prevented
the opening form being seen! 7imene*, for his part, went to that market to bu bagoong despite the rains! )e sustained an
in>ur due to a rust A(inch nail which pierced his left leg!
7imene* sued the +siatic Integrated %orporation B+I%? and the %it of Manila for his misfortune! &he #ta! +na
Market at that time was under the administration of the +I% b virtue of a management and "perating %ontract it had with
the %it of Manila! &he trial court held the +I% responsible but absolved the %it of Manila! Is the %it of Manila indeed not
liableP
Hel(: &he %it of Manila is liable! ;easons:
1? +gain, +rt! 21.4 comes into pla, since the in>ur took place in a public building!
2? +lso, +rt! 21.4 reIuires that the 8,D must retain supervision and control over the public work in Iuestion for it
to be held liable! &he evidence showed that the Management and "perating %ontract e3plicitl stated that the %it of
Manila retained supervision and control over the #ta! +na Market! +lso, in a letter to 'inance #ecretar %esar Virata,
Maor ;amond Bagatsing admitted this fact of supervision and control! Moreover, #ec! @0Bg? of the 8ocal &a3 %ode sas
that public markets shall be under the immediate supervision, administration and control of the %it &reasurer!
@? 7imene* could not be held for negligence! + customer in a store has ever right to presume that the owner will
compl with his dut to keep his premises safe for customers! &he owner of the market, on the other hand, was proven to
have been negligent in not providing a cover for the said opening! &he negligence of the %it of Manila is the pro3imate
cause of the in>ur suffered!
0"&<: It is not necessar for the 8,D to have ownership over the public work in Iuestion2 mere control and
supervision is sufficient!
e.0. G$ila,-' /. Ci,. '* Da7$pan #9# SCRA 0<)
Fa-,s: 'lorentina ,uilatco, a court interpreter, was about to board a triccle at a sidewalk located at $ere*
Boulevard when she accidentall fell into a manhole located in said side walk, causing her right leg to be fractured! #he
was hospitali*ed and also as a result, suffered loss of income and moral damages!
,uilatco sued the %it of Dagupan! &he %it replied that $ere* Boulevard, where the deadl manhole was
located, is a national road not under the control and supervision of Dagupan! It is submitted that it is actuall the Ministr
of $ublic )ighwas that has control and supervision thru the )ighwa <ngineer, who b mere coincidence, is also the %it
<ngineer of Dagupan Bmalas naman namin, %it <ngineer?!
Is the %it of Dagupan liableP
Hel(: Qes, ;easons:
1? 6e again appl +rt! 21.4! But the bigger Iuestion is , does the %it of Dagupan have control and supervision
over $ere* Boulevard in order for it to be held liableP &he answer is es! 6hP ;ead on!
2? &he %it of Dagupan argued that the supervision and control over $ere* Boulevard belongs more to his
function as e3(officio )ighwa <ngineer, thus the Ministr of $ublic )ighwas should be held liable! )owever, the court
gave this arguments: F+lfredo ,! &angco, in his official capacit as %it <ngineer of Dagupan, as <3("fficio )ighwa
<ngineer, as <3("fficio %it <ngineer of the Bureau of $ublic 6orks, and, last but not the least, as Building "fficial for
Dagupan %it, receives the following monthl compensation: $1,.10!55 from Dagupan %it, $200!00 from the Ministr of
$ublic )ighwas, $100!00 from the Bureau of $ublic 6orks and $/00!00 b virtue of $OD 1045, respectivel! &his
function of supervision over streets, public buildings, and other public works pertaining to the %it <ngineer is coursed
through Maintenance 'oeman and a Maintenance <ngineer! +lthough these last two officials are emploees of the
0ational ,overnment, the are detailed with the %it of Dagupan and hence receive instruction and supervision from the
cit through the %it <ngineer! &here is , therefore, no doubt that the %it <ngineer e3ercises control or supervision over
the public works in Iuestion! )ence, the liabilit of the cit to the petitioner under article 214. of the %it %ode is clear!G
BDuhP 6hat kind of e3planation is thatP $ersonall, I can-t understand it, but if the #% sas the %it of Dagupan is liable,
then we must trust the wisdom of the omniscience #%?!
e.5. D$!la' /. CA ##5 SCRA )59
Fa-,s: &hese events took place in Dagupan %it!
"n 'eb! 2., 145A, about 11:@0 p!m!, the spouses <li*alde were driving a >eep thru &elomes Bridge when
suddenl2 the came upon a huge hole about 1 meter in diameter and . feet deep at the south end of the bridge! &he
<li*aldes managed to avoid the boulders but instead slammed into a truck owned b )ermanos de Qap and driven b
Dulcesimo Duco! &he truck came from the opposite direction on the wrong lane! &he <li*aldes died as a result of the
incident! &he heirs of the <li*aldes included in defendants in its complaint the %it of Davao and #amuel Dumlao, the %it
<ngineer! #pecificall, Dumlao was sued in his personal capacit!
Dumlao argued that he cannot be held liable is his personal capacit! Is he correctP
Hel(: Qes!
1? &he allegations in the complaint clearl state that he was being sued in his official capacit as %it <ngineer!
2? &here was no showing that there was bad faith or malice which would warrant Dumlao personall liable in
connection with the discharge of his duties!
@? &he best that could be imputed to him is an act of culpable neglect, inefficienc and gross negligence in the
performance of his official duties!
b? +rticle 21.0, %ivil %ode F&he obligation imposed b +rticle 21=5 is demandable was onl for
one-s own acts or omission, but also for those of persons for whom one is responsible!
F&he father and, in case of his death or incapacit, the mother, are responsible for the damages caused
b the minor children who live in their compan!
F&he owners and managers of an establishment or enterprise are likewise responsible for damages
caused b their emploees in the service of the branches in which the latter are emploed or on the occasion of their
functions!
F<mploers shall be liable for the damages caused b their emploees and household helpers acting
within the scope of their assigned tasks, even though the former are not engaged in an business or industr!
F&he #tate is responsible in like manner when it acts thru a special agent but not when the damage has
been caused b the official to whom the task done properl pertains, in which caused what is provided in +rticle 21=5
shall be applicable!
F8astl, teachers or head of establishments of arts and trades shall be liable for damages caused b their
pupils and students or apprentices, so long as the remain in their custod!
F&he responsibilit treated of in this article cease when the persons herein mentioned proved that the
observed all the diligence of a good father of a famil to prevent damages!
e.1. Pala*'C /. Pr'/in-e '* Il'-'s N'r,e #4) Pil. ##<3
Fa-,s: $alafo3 filed a suit to recover damages from the provincial government for the death of his son caused b
the negligence of a regular chauffer of the provincial government! &he accident occurred while the chauffer was working
at the highwa construction! &he Iuestions now are: 1? Ma the province be held liableP 2? Does the doctrine of
respondent superior applP
Hel(: &he answers to both Iuestions are given below Bobviousl?:
1? &o attach liabilit to the #tate for the negligence of its officer or emploee, the latter must be not upon whom
properl devolved the dut of driving the truck on that occasion! &his principle applies both to the national and municipal
governments! &he province is liable!
2? &he doctrine of respondeat superior or corporate liabilit for the negligence or tort of its officers, applies onl
where the government is engaged in proprietar or business functions! 6hen engaged in government functions, as the
construction and maintenance of roads, the doctrine does not appl! &he reason for the e3emption is the government
does not undertake to guarantee to an person the fidelit of the officers or agents whom it emplos, since that would
involve in all its operations endless embarrassments, difficulties and losses subversive of the public interest!
). Lia"ili,. *'r ,'r,s i* en7a7e( in pr'prie,ar. *$n-,i'n
Cases:
#. T'ri' /. F'n,anilla <1S CRA 122
Fa-,s: &he Municipal %ouncil of MalasiIui, $angasinan passed a resolution celebrating a town fiesta for @ das
on 7anuar, 14/4! &he resolution created on <3ecutive %ommittee which would oversee the operations of the town fiesta!
&he <3ecutive %ommittee in turn had a sub(committee in charge of building 2 stages, one of which was for a *ar*uela
program!
Vicente 'ontanilla was one of the actors of the *ar*uela! 6hile the *ar*uela was going on the stage where the
pla was set collapsed! 'ontanilla, who has at the rear of the stage, was pinned underneath and died the following da!
&he famil and heirs of 'ontanilla filed a complaint against the Municipalit of MalasiIui, the Municipal %ouncil
and the individual members of the Municipal %ouncil! %an the be held liableP
Hel(: &he Municipalit of MalasiIui is liable and the individual members of the Municipal %ouncil are not liable!
;easons:
1? &he basic rule to be first followed is that a municipal corporation cannot be held liable for an in>ur caused in
the course of performance of a governmental function! 6ith respect to proprietar functions, the settled rule is that a
municipal corporation can be held liable upon contracts and in torts!
2? &he ne3t Iuestion to be answered is that whether the fiesta above(Iuota was performed b the municipalit in
the e3ercise of its governmental or proprietar function! +ccording to 22.2 of the revised +dministrative %ode,
municipalities are authori*ed to hold fiesta, but it is not their dut to conduct such! &hus, the fiesta is proprietar in nature!
&he same analog can be applied to the maintenance of parks, which is a private undertaking, as opposed to the
maintenance of public schools and >ails, which are for the public service! B&he ke word then is dut!?
@? Dnder the doctrine of respondent superior Bsee first paragraph of +rt! 21.0?, the municipalit can be held liable
for the death of 'ontanilla if a? the municipalit was performing a proprietar function at that time and b? negligence can be
attributed to the municipalit-s officers, emploees or agents performing the proprietar function! &he evidence proved that
the committee overseeing the construction of the stage failed to build a strong enough to insure the safet of *ar*uela
participants! 'ontanilla was entitled to ensure that he would be e3posed to danger on that occasion!
A? 'inall, the municipal council is not responsible! &he Municipalit stands on the same footing as an ordinar
private corporation with the municipal council acting as its board of directors! It is an elementar principle that a
corporation has a personalit, separate and distinct from its officers, directors, or persons composing it and the latter are
not as a rule co(responsible in an action for damages for tort or negligence culpa aIuillana committed b the corporation-s
emploees of agents unless there is a showing of bad faith or gross or wanton negligence on their part! &o make an
officer of a corporation liable for the negligence of the corporation there must have been upon his part such a breach of
dut as contributed to or helped to bring about, the in>ur2 that is to sa, he must be a participant in the wrongful act!
). M$ni-ipali,. '* San Fernan('8 La Uni'n /. Firin7 #21 SCRA 32)
Fa-,s: 8aurence Banino, #r!, along with several other passengers in a >eepne the were riding in, died after
collision involving said >eepne, a privatel owned graved and sand trucks and a dump truck owned b the Municipalit of
#an 'ernando, 8a Dnion, driven b +lfredo Bislig, a regular emploee of said municipalit! &he heirs included in its
complaint the municipalit and the dump trucks driver! &he municipalit invokes non(suabilit of the #tate! Is it correctP
)eld: Qes!
1? &he general rule is that the #tate ma not be sued e3cept when it gives consent to be sued! %onsent takes the
form of e3press of implied consent!
<3press consent ma be embodied in a general law or a special law! &he standing consent of the #tate to be
sued in case of mone claims involving liabilit arising from contracts is found in +ct 0o! @0.@! + special law ma be
passed to enable a person to sue the government for an alleged Iuasi C delict!
%onsent is implied when the government enters into business contracts, thereb descending to the level of the
other contracting part, and also when the #tate files a complaint thus opening itself to a counterclaim!
)unicipal corporations for example, li#e provinces and cities, are agencies of the State when they are engaged in
governmental functions and therefore should en"oy the sovereign immunity from suit. $evertheless, they are sub"ect to
suit even in the performance of such functions because their charter provided that they can sue and be sued.
2! + distinction should first be made between suabilit and liabilit! F#uabilit depends on the consent of the state
to be sued, liabilit on the applicable law and the established facts! &he circumstance that a #tate is suable does not
necessaril mean that it is liable2 on the other hand, it can never be held allowing itself to be sued! 6hen the state does
waive its sovereign immunit, it is onl giving the plaintiff the chance to prove, if it can, that the defendant is liable!G
@! +bout the issue of whether or not the municipalit is liable for the torts committed b its emploee, the test of
liabilit of the municipalit depends on whether or not the driver, acting in behalf of the municipalit is performing
governmental of propriet functions! +s emphasi*ed in the case of &orio vs! 'ontanilla, the distinction of powers becomes
important for purposes of determining the liabilit of the municipalit for the acts of its agents which result in an in>ur to
third persons!
It has alread been remarked that municipal corporations are suable because their charters grant them the
competence to sue and be sued! 0evertheless, the are generall not liable for torts committed b them in the discharge
of governmental functions and can be held answerable onl if it can be shown that the were acting in a propriet
capacit! In permitting such entities to be sued, the #tate merel gives the claimant the right to show that the defendant is
not acting in its governmental capacit when the in>ur was committed or that the case comes under e3ceptions
recogni*ed b law! 'ailing this, the claimant cannot recover!
A! In the case at bar, the driver of the dump truck of the municipalit insists that Fhe was on his wa to 0aguilian
;iver to get a load of sand and gravel for the repair of #an 'ernando-s municipal streets!G
In the absence of an evidence to the contrar, the regularit of the performance of official dut is presumed
pursuant to #ection @ Bm? of ;ule 1@1 of the ;evised ;ules of %ourt, )ence, 6e rule that the driver of the dump truck was
performing duties or tasks pertaining to his office!
0. Rea( RA 939< ; DIGITEL Fran-ise
&he title states: ;epublic +ct no! =5=., 'ebruar 1=, 144A: +n +ct granting the Digital &elecommunications
$hilippines, Incorporated, a franchise to install, operates and maintains telecommunications sstems throughout the
$hilippines and for other purposes!
#ection 1@ states: F6arrant in 'avor of the 0ational and 8ocal ,overnment! &he grantee shall hold the national,
provincial, cit and municipal governments harmless from all claims, accounts, demands or actions arising out of
accidents or in>uries, whether to propert or to persons, caused b the installation and operation of the
telecommunications sstems of the grantee!G
* Liability for +ontract
Municipal corporations are liable on contracts entered into in their behalf b their authori*ed agents acting within
the scope of their authorit, provided that the municipal corporations are authori*ed to enter into said contracts b their
charter!
* Section ,-, LG+. Liability for damages
8,D-s and their officials are not e3empt from liabilit for death or in>ur or damage to propert!
5. Ci,. '* Manila /. 6AC #92 SCRA 5)0
Fa-,s: &he %it of Manila leased a lot of the 0orth %emeter to Irene #to! Domingo! &he period of the lease is
from 7une 5, 14=1 to 7une 5, 2001!
Irene-s husband died and was buried in said lot on 7une 5, 14=1! &he authorities of the 0orth cemeter however,
ordered the lot e3humed on 7anuar 2/, 14=., according to their interpretation in good faith of +" 0o! /, 14=/, which
provided for a uniform procedure and guidelines in the processing of documents pertaining to and for the use and
disposition of burial lots and plots within the 0orth %emeter, etc!
0aturall, Irene and her famil were shocked, +dding to their disma was that the remains of her husband was
callousl dumped in a warehouse of a cemeter were thousands of other sacks of bones were kept! &he risk, according to
her, of claiming the wrong set of bones was high! Irene filed a claim for damages against the cit! 6ill the suit prosperP
Hel(: Qes, reasons:
1! In connection with its powers as a municipal corporation, the %it of Manila ma acIuire propert in its public
or governmental capacit, and private or propriet capacit! &he 0%% divides such properties into propert for
public use as provincial roads, cit streets, municipal streets, the sIuares, fountains, public waters,
promenades, and public works for public service paid for b said provisions, cities or municipalities, all other
propert is patrimonial without pre>udice to the provisions of special laws!
2! In the absence of special law, the 0orth %emeter is a patrimonial propert of the %it of Manila, which was
created b resolution of the Municipal Board of +ugust 2=, 140@ and 7anuar =, 140A! 6ith its acts of
dominion, there is therefore no doubt that the 0orth %emeter is within the class of propert which the %it of
Manila owns in its propriet of private character! 'urthermore, there is no dispute that the burial was leased in
favor of the #to! Domingo! )ence, obligations arising from contracts have the force of law between them!
&herefore, a breach of contractual provision entitles the other part to damages even of no penalt for such
breach is prescribed in the contract!
@! It should also be noted that the %harter of Manila states that it ma sue and be sued! B virtue if this and the
doctrine of respondent superior, the %it is liable for the negligent acts of its agents in failing to verif the
duration of the lease above( Iuoted! &he agents- reliance in +" 0o!/ is unavailing because said +" covers
onl new leases!
* Doctrine of Implied Municipal Liability (Contra personal liability)
&o hold a municipal corporation for benefits received under an implied contract:
a! It is necessar to show that the implied contract be within the contractual powers of the
corporation and that the officers who entered into contract were full authori*ed!
b! It must be further shown that the benefits were voluntaril accepted under such circumstances
as will indicate that pament was intended b the parties or that >ustice and eIuit would
reIuire the pament of compensation!
#. In-i'n7 /. D'!in7' )## SCRA #02
Fa-,s: &his case basicall concerns the implied liabilit of a municipal corporation in paing the fees of an
attorne it hired! But first, the useless facts!
&he $hilippines #ugar %ommission B$)I8#D%"M? owned a sugar refiner at Baranga %aloocan, Balaan,
Batangas! )owever, $)I8#D%"M failed to pa the real state ta3es due on said sugar refiner! #o the $rovincial
&reasurer of Batangas scheduled for the sale of the sugar refiner thru a public auction!
$)I8#D%"M, however, was granted a restraining order maintaining the status Iuo! In the meantime, Baranga
%aloocan, thru +tt! %eferino Inciong, intervened in the case as it had 10R propert ta3 share to be collected form
$)I8#D%"M! &o make the long stor short, +tt! Inciong eked out a compromise agreement for both warring parties so
everbod went home happ e3cept for +tt! Inciong!
It seemed that the reIuest of the Baranga %aptain of %aloocan for petitioner-s legal assistance was not taken up
nor approved b the #angguniang Baranga nor was there an showing that it was approved b the #olicitor ,eneral and
concurred in b %"+ as reIuired under %"+ %ircular 0o! .5 C 2//, dated +pril 2, 14.5!
+lso it seemed that the hiring of petitioner b the $unong Baranga did not carr with it the approval of the
#angguniang Baranga as reIuired under #ection 41 B1(1? of the B!$! @==, nor was there an appropriation therefore2 the
hiring was not approved b the #olicitor ,eneral and concurred in b %"+!
In other words, Baranga %aloocan doesn-t want to pa +tt! Inciong! Is that correctP
Hel(: "ur companero must be paid! ;easons:
1! 6e don-t want to see a kindred spirit get unpaid or else we lawers will have to go on strike!
2! +s correctl stated b the "ffice of the #olicitor ,eneral, the position of respondent %hairman of the
%"+ disallowing pament of attorne-s fees to petitioner +tt! %eferino Inciong is not proper in the light of the following
considerations:
a! &he emploment b Baranga %aloocan of petitioner as its counsel, even if allegedl unauthori*ed b
the #angguniang Baranga, is binding on Baranga %aloocan as it took no prompt measure to
repudiate petitioner-s emploment!
b! &he decision of the ;&% directing Baranga %aloocan to pa attorne-s fees to petitioner has become
final and e3ecutor and is binding upon Baranga %aloocan!
c! %"+ %ircular 0o! .5 C 2// cannot diminish the substantive right of petitioner to recover attorne-s
fees under the final and e3ecutor decision dated +ugust 4, 14.4 of the ;egional &rial %ourt!
@! &he respondent %"+ %hairman states that $)I8#D%"M paid the amount of =,144,..=! /1 pesos to
the Municipal &reasurer under the +mnest %ompromise +greement! "ut of this amount, the Municipal &reasurer
allocated to Baranga %aloocan as its share the amount of =14,4..!=/ pesos! &his allocation is erroneous because
pursuant to ;epublic +ct 0o! /AA=, Baranga %aloocan should onl share from the basic ta3 which is /0R of what
$)I8#D%"M paid because the other half should go to the #pecial <ducation 'und! Dnder the said ;epublic +ct 0o!
/AA=, the rightful share of Baranga %aloocan should be @/4,4AA!@. pesos onl!
&he %hairman praed that in the event the %ourt orders the pament of attorne-s fees to petitioner this amount of
@/4,4AA!@. pesos should be made the basis therefore! &he %ourt replied in a booming voice, F6)<;<'";<, the petition
is ,;+0&<D and respondent is ordered to direct the pament of attorne- fees to petitioner +tt! %eferino Inciong in an
amount eIuivalent to 10R of @/4,44A!@. pesos!G
). Pr'/in-e '* Ce"$ /. 6AC #59 SCRA 559
Fa-,s: +gain, this case concerns the implied liabilit of a municipal corporation in paing the fees of an attorne
hired C but the attorne ended up with onl a pittance!
&here was a time when %ebu %it almost became the owner of practicall the whole of the $rovince of %ebu! &his
happened in 'eb! A! 145A when the Vice C ,overnor and the $rovincial Board of %ebu, taking advantage of ,overnor
;ene <spina-s absence Bhe was awa on an official business trip UowsPV\ donated 210 lots or @.0 hectares of provincial
patrimonial land to %ebu %it! 6hen ,overnor <spina finall heard of the donation, he filed a case to declare the donation
void for being illegal and immoral! &he defendants in the case were %ebu %it, %it maor #ergio "smena and the dumb
provincial officials responsible for the donation!
,overnor <spina hired +tt! $ablo ,arcia, a private lawer, as his counsel! +tt! ,arcia toiled for . ears on the
case, but for some reason, he was no longer counsel when the parties settled for a compromise agreement!
0evertheless, +tt! ,arcia claims he is entitled to fees worth @0R of the worth of the properties or @5 million pesos Ba
staggering amount, considering that the amount was based on the peso ( dollar rates of 14=4?!
&he province of %ebu %it however refused to give him even one centavo! &he said #ec! 15.@ of the ;+% and
#ec! @ of the 8ocal +utonom 8aw is clear that onl the provincial fiscal and municipal attorne can represent a province
or municipalit in its lawsuits! More importantl, if the province of %ebu were to hire a private lawers Bsuch as when the
provincial fiscal is disIualified? the $rovincial Board must pass a resolution to allow such a move!
&he &rial court awarded attorne-s fees based on Iuantum merit! "n appeal, the I+% awarded /R worth of
properties! &he Iuestions now are 1! #hould the province pa +tt! ,arcia and 2P If so how much is +tt! ,arcia entitled
toP
Hel(: &he province must pa +tt! ,arcia but he is entitled onl to Iuantum merit! ;easons:
1! Ibi Iuid generaliter conceditur2 inest haee e3ception, si non aliIuid sit contra >us fasIue! B6here
anthing is granted generall, this e3ception is implied2 that nothing shall be contrar to law and right?!
&his simpl means that ever rule, no matter how strict or harsh, must have an e3ception! )ere, eIuit
comes into pla! &o den +tt! ,arcia compensation for his professional services would amount to a
deprivation of propert without due process of law!
2! &he argument that the hiring of private lawers b a province must first gain the approval of the
$rovincial Board is absurd! 'irst of all, the service of the $rovincial 'iscal has alread been engaged
b the $rovincial Board! More importantl, it-s so stupid for the $rovincial Board to pass a resolution
grant the hiring of a private lawer who would litigate against them! &he $rovincial Board ma >ust not
pass such a resolution! &he legal ma3im which we can use as a basis for this situation is F0emo
tenetur ad impossibileG B&he law obliges no one to perform an impossibilit?
@! Dntil the contrar is clearl shown, an attorne is presumed to be acting under authorit of the litigant
whom he purports to represent! )is authorit to appear for and represent petitioner in litigation, not
having been Iuestioned in the lower court, it will be presumed on appeal that counsel was properl
authori*ed to file the complaint and appear for his client! <ven where an attorne is emploed b an
unauthori*ed person to represent a client, the latter will be bound where it has knowledge of the fact
that it is being represented b an attorne in a particular litigation and takes no prompt measure to
repudiate the assumed authorit! #uch acIuiescence in the emploment of an attorne as occurred in
this case is tantamount to ratification! &he act of the successor provincial board and provincial officials
in allowing +tt! $ablo $! ,arcia to continue as counsel and in >oining him in the suit led the counsel to
believe his services were still necessar!
A! +tt! ,arcia is entitled onl to Iuantum merit! )e simpl was not counsel when the compromise
agreement was made! )e gets onl @0,000 pesos,
* .nstances where the municipal mayor was held liable for bac# salaries of, or damages to dismissed municipal
employees, to the exclusion of the municipality
Salcedo vs. +ourt of (ppeals C the municipal maor was held liable for the back salaries of the %hief of $olice he
had dismissed, not onl because the dismissal was arbitrar but also because the maor refuse to reinstate him in
defiance of an order of the +ommissioner of +ivil Service to reinstate.
0emen*o vs! #abillano C the municipal maor was held personall liable for dismissing a police corporal who
possessed the necessary civil service eligibility, the dismissal being done without >ustifiable cause and without an
administrative investigation!
ama vs. +ourt of (ppeals( the governor, vice C governor, member of the #angguniang $anlalawigan, provincial
auditor, provincial treasurer and provincial engineer were ordered to pa >ointl and severall in their individual and
personal capacit damages to some 200 emploees of the province of %ebu who were eased out from their positions
because of their part affiliations!
* .nstance where the municipality was also held liable along with municipal mayor
0. La7anapan /. Ase(ill' #15 SCRA 099
Fa-,s: #olano 8aganapan was appointed %hief of $olice! )owever, he was summaril dismissed from his position
b respondent Maor <lpidio +sedillo of 1alaaan, 8aguna on the ground that his appointment was provisional and that
he has no civil service eligibilit! ;espondent <pifanio ;agotero was appointed acting chief of police of 1alaaan, 8aguna
on the same da in place of the petitioner!
#ubseIuentl, the Municipal %ouncil of 1alaaan, 8aguna abolished the appropriation for the salar of the chief of
police of 1alaaan, 8aguna! 8aganapan thus filed a complaint against Maor +sedillo and the Municipalit of 1alaaan for
reinstatement and pament of back wages! Ma 8aganapan be reinstatedP Is the Municipalit also liableP
Hel(: &he municipalit is liable but 8aganapan cannot be reinstated! ;easons:
1! 8aganapan was summaril dismissed without an semblance of compliance with due process! 0o
charges were filed, no notice or hearing was made, no nothing! &he %ourt finds no merit in the maor-s contention that,
since the appointments e3tended to 8aganapan as chief of police of 1alaaan, 8aguna, were all provisional in nature, and
not permanent, his services could be terminated with or without cause at the pleasure of the appointing officer! 6hile it
ma be true that 8aganapan was holding a provisional appointment at the time of his dismissal, he was not a temporar
official who could be dismissed at an time! )is provisional appointment could onl be terminated thirt B@0? das after
receipt b the appointing officer of a list of eligible form the %ivil #ervices %ommission! )ere no such certification was
received b Maor +sedillo thirt B@0? das prior to his dismissal of 8aganapan!
'urthermore, it is of record that, after the summar dismissal of 8aganapan b +sedillo, the Municipal %ouncil of
1alaaan instead of opposing or at least protesting 8aganapan-s summar dismissal of his position, even abolished the
appropriation for the salar of the %hief of $olice of 1alaaan C 8aguna! &he %ourt considers this act of the Municipal
%ouncil as an approval or confirmation of the act of respondent Maor in summaril dismissing 8aganapan, as to make
said municipalit eIuall liable as the maor for the reinstatement of 8aganapan and for the pament of his back salaries!
'inall it should be noted that +sedillo was sued not personall, but in his capacit as maor!
2! 8aganapan cannot be reinstated! $D A.2, recentl enacted at that time, calls for the appointment of a
permanent %hief of $olice Bknown as #tation %ommander?, in certain provinces including 8aguna! )is reinstatement is not
feasible! &he Maor and the municipalit are instead liable for pament of back salaries!
5. Sal-e(' /. CA <# SCRA 54<
Fa-,s: +rsenio #alcedo was appointed %hief of $olice of %andelaria, Hue*on! ;ecords show that #alcedo then
held civil service eligibilit, having passed the D!#! %ivil #ervice <3amination for Messenger and #killed laborer in 142.!
%onsidering his eligibilit appropriate to the position of %hief of $olice, the %ommissioner of %ivil #ervice validated the
same and attested the appointment of #alcedo as permanent! #ince then #alcedo has discharged the functions of his
office
+n administrative complaint for misconduct and serious irregularities was later filed against #alcedo! It seemed
however that the maor of %andelaria, Venancio Dia wanted him kicked out right awa so he terminated the services of
the poor gu! &he basis of the termination was erroneous and illegal, since #alcedo didn-t possess the appropriate
eligibilit for the position of %hief of $olice Bhis civil service eligibilit arose form a D!# based test, rememberP?
#alcedo appealed to the %ommissioner of %ivil #ervice! +lthough the %ommissioner found him guilt of conduct
unbecoming of a police officer, he was nevertheless reinstated and was given a fine and a warning instead!
&he Maor however reall hated the gu! )e refused to have #alcedo reinstated! &he %+ agrees with the maor!
&he lone issue in this instant action is whether the respondent maor can legall terminate #alcedo-s services
notwithstanding the attestation of the latter-s appointment as permanent b the %ommissioner of %ivil #ervice!
Hel(: &he maor cannot terminate #alcedo-s services! &he reason is that even though he did not take the
reIuired e3amination either under the "ld or 0ew %ivil #ervice 8aw, that wasnWt his fault! )is claim to eligibilit came from
the D! #! %ivil #ervice <3amination he took in 142. when the $hilippines was still a D!# %olon! #alcedo cannot be
reIuired to take the e3amination again after his eligibilit had alread been declared permanent b the %ommission!
&he respondent maor persistentl ignored the order of reinstatement given b the %ommissioner of %ivil #ervice!
)e defied the directive of a superior bod with final authorit on the matter which is the maorWs dut to compl! 'or acting
arbitraril and without legal >ustification in terminating the services of petitioner and refusing to reinstate him as %hief of
$olice, the maor must be held personall liable for the back salaries of #alcedo, e3cept for the time #alcedo was
suspended!
Le7isla,i/e P'&ers
T ;eIuisites of a valid ordinance
1! Must not contravene the constitution or statute
2! Must not be oppressive
@! Must not impartial, fair and general
A! Must not prohibit, but ma regulate trade
/! Must not contravene common right
5! Must be consistent with public
=! Must not be unreasonable
0"&<: #ee also #olicitor ,eneral V! MM+, p! 2/ of this reviewer
Distinction between an "rdinance and a ;esolution
+n ordinance prescribes a permanent rule of conduct government2 whereas a resolution is of temporar character
onl
T+rticle 10=, I;;! "rdinances and ;esolutions! &he following rules shall govern the enactment of ordinances and
resolutions:
1! 8egislative actions in a general and permanent character shall be enacted in the form of ordinances, while those
temporar characters shall be passed in the form of resolutions! Matters relating to propriet functions and to
private concerns shall be enacted in a resolution!
2! $roposed ordinances and resolutions shall begin writing and shall contain an assigned number, a title or caption,
an enacting or ordaining clause and the date of its proposed effectivit! In addition, ever proposed ordinance
shall be accompanied b a brief e3planator note contain the >ustification for its approval! It shall be signed b the
author or authors and submitted to the secretar to the sanggunian who shall report the same to the sanggunian
at the ne3t meeting!
@! + resolution shall be enacted in the same manner prescribed for an ordinance, e3cept that it need not go through
a third reading for its final consideration unless decided otherwise b a ma>orit of the sanggunian members!
A! 0o ordinance or resolution shall be considered on second reading in an regular meeting unless it has been
reported out b the proper committee to which it was referred or certified as urgent b the local chief e3ecutive!
/! +n legislative matter dul certified b the local chief e3ecutive as urgent whether or not it is included in the
calendar of business, ma be presented and considered b the bod at the same meeting without need of
suspending the rules!
5! &he secretar to the sanggunian of the province, cit or municipalit shall prepare copies of the proposed
ordinance or resolution in the form it was passed on second reading and shall distribute to each sanggunian
member a cop thereof, e3cept that a measure certified b the local chief e3ecute as urgent ma be submitted for
final voting immediatel after debate or amendment during the second reading!
=! 0o ordinance or resolution passed b the sanggunian in a regular or special session dul called for the purpose
shall be valid unless approved b ma>orit of the members present, there being a Iuorum! +n ordinance or
resolution authori*ing or directing the pament of mone or creating liabilit, shall reIuire the affirmative vote of all
the sanggunian members for its passage!
.! Dpon passage of all ordinances and resolution directing the pament of mone or creating liabilit, and at the
reIuest of an members, of an resolution or motion, the sanggunian shall record the aes and nas! <ach
approved ordinance or resolution shall be stamped with the seal of the sanggunian and recorded in a book kept
for the purpose!
*(rticle /01 2 /--, ., LG+
+s we go along this reviewer, weWll ferret out the cream from the crap C which articles deserve to be read again
and again and which should be considered stinker, articles of such >aw ( dropping ineptitude that the hapless law student
has no recourse but to shake her head and mutter, F6hat the hell the were thinkingP!G But then, this is >ust probabl the
author talking la*, so go read the codal instead!
#. Mas-$nana /. Pr'/in-ial B'ar( '* Ne7r's O--i(en,al 92 SCRA 002
Fa-,s: &he case doesn-t reall teach mush (if anthing at all C about the coordinates and resolution but anwa!!!
+ngel Mascunana and +ngeles Veldeflor lived near a piece of land which was the sub>ect of controvers of this
case! &he two claimed that this piece of land was actuall part of the e3tension of Burgos #treet! "n this piece of land
were sIuatters and their houses! "ne of the sIuatters was an influential councilor named 8eon &rees!
&he two reIuested the municipal maor of &alisa, 0egros "ccidental that the land in Iuestion be cleared of
sIuatters so that the public can make use of that portion of Burgos #treet!
+ debate resulted on whether the land had been used as street or has it been withdrawn form public! &he
municipal council of &alisa made an ocular inspection of the place and declared that there was no reason for opening it
to vehicular traffic Bnote that &rees is a member of the municipal council?! &he municipal council thus passed ;esolution
no! /4 ordering the said land closed! &he provincial board of 0egros "ccidental approved ;es! 0o! /4 thru its res! 0"!
10@/
Mascunana and Veldeflor filed a complaint with the V%'I of 0egros "ccidental Iuestioning the validit of the two
resolutions! &he wanted the street opened because it was a propert of public dominion and if the same was not
possible, then the should have been indemnified for damages under #ec! 22A5 of the ;+% since their properties were
ad>acent near the Iuestioned land! &he %'I however dismissed their complaint summaril in a minute resolution! &he
reason, the %'I e3plained, is that the issue concerns a resolution passed b a municipal corporation and therefore does
not need to be resolved thru an action for declarator relief! #ection 1, ;ule 5A of the ;ules of %ourt, the pertinent rule to
be followed in this case, refers onl to an ordinance and not a resolution!
#hould the %'I pass on the merits of the case of Mascunana and VeldeflorP
)eld: Qes! + trial courtWs order dismissing a complaint or petitions is appealable like a final >udgment! +lso,
Mascunana, et! al!Ws action is not an action for declarator relief but an ordinar action for the enforcement of #ec! 22A5 of
the ;+%! &he issue on whether the complaint involved an ordinance or a resolution is irrelevant!
). Ma7,aIas /. Pr.-e Pr'per,ies 6$l. )48 #225
Fa-,s: &his case is interesting because local autonom was defeated unwittingl perhaps b the same statute
granting it! &he 8,% of 1441!
$+,%";, drunk with the success because it was able to open casinos in several cites, announce plans of
opening one in %agaan de "ro %it! &he reaction of the #angguniang $anlungsod of said cit was swift: it passed 2
ordinances preventing the operation of casinos in its territor! Maor $ablo Magta>as, one of the petitioners, said the
ordinances were valid because 1! the #angguniang $anlungsod have the power to enact ordinances to prevent, suppress
and impose appropriate penalties for gambling and other prohibited games of chance B+rt! A5., 8,%, 1441?2 2! the
ordinance were an e3pression of the police power under the ,eneral 6elfare %lause2 and @! the 8,% of 1441 modified
the charter of the $+,%"; as the 8,% of 1441 was a later enactment of %ongress! Is Magta>as correctP
Hel(: 0o! ;easons:
1! +rt! A. of the 8,% clearl refers onl to prohibit gambling and other games of chance! %asinos are not prohibited
because the are e3pressl allowed b $!D! 1.54! the law creating $+,%";!
2! &he ordinances in Iuestion cannot contravene $D 1.@4! It must be remembered that a municipal ordinance to be
valid, must among others not contravene the constitution or any statute. &he reason is that municipal
governments are mere agents of the state!
@! &he repealing clause of 8,% of 1441 did not e3pressl repeal $D 1.54! Implied repeal, on the other hand are not
lightl presumed in the absence of a clear and unmistakable showing of such intention! &here was no sufficient
indication of an implied repeal of $D 1.54! In fact, later enactments after the 8,% of 1441 recogni*e the e3istence
of $D 1.54! &he rule in legal hermeneutics is that statues should not be pit against each other but instead, ever
effort b the courts must be made to harmoni*e them! +s a becoming respect to a co ( eIual BidioticP? branch of
government!
V. INTERGOVERNMENTAL RELATIONS OF PUBLIC CORPORATIONS ?ART. 128 358 IRR@
(rticle 34, .... General supervision of the province over component cites and municipalities.
a! &he province, thru its governor, shall e3ercise supervisor authorit over component cities and municipalities within its
territorial >urisdiction to ensure that the act within the scope of their prescribed powers and function! )ighl urbani*e cites
and independent component cities shall be independent of the province!
b! &he scope of the supervision b the province over component cites and municipalities shall include but not limited to
the following:
1! &he governor shall review e3ecutive order issued b the maor of the component cit or municipalit, sub>ect to
the concurrence of the sangguniang panlalawigan, e3cept as otherwise provided under the %onstitution and
special statutes! If the governor and the sangguniang panlalawigan failed to act on said e3ecutive order within @0
das form receipt thereof, the same shall be deemed consistent with law and therefore valid!
2! &he sangguniang panlalawigan shall review all approved cit or municipal ordinance and resolution approving the
development plans and public investment programs formulated b the cit or municipal development councils!
@! &he #$ shall review the ordinances authori*ing annual or supplemental appropriations of component cities and
municipalities in the same manner and within the same period prescribe for the review of other ordinances of the
8,D!
A! &he governor shall visit component cities and municipalities of the province at least once ever 5 months to full
understand their problems and conditions, listen and give appropriate counsel to local officials and inhabitants,
inform the officials and inhabitants of component cites and municipalities of general laws and ordinances which
especiall concern them and conduct visits and inspections to the end that the governance of the province shall
improve the Iualit of life of the inhabitants!
/! &he governor shall coordinate plans of the province in coordination with maors of cites and municipalities as well
as 0,"Ws concerned to:
a! 'ormulate peace and order plan of the province in coordination with maors of component cities and
municipalities and the 0ational $olice %ommission!
b! +dopt adeIuate measure to safeguard and conserve land, mineral, marine, forest and other resources of
the province, in coordination with maors of component cities and municipalities!
c! %oordinate efforts of component cites and municipalities in the national or regional palaro or sports
development activities2 and
d %all conventions, seminars, conferences or meetings of an elective and appointed officials of the province
and component cities and municipalities!
5! &he proceeds of the basic real propert ta3, including interest thereon and proceeds form the use, leas or
disposition, sale or redemption of propert acIuired at a public auction shall be shared b the province,
municipalit and baranga in the manner prescribed in ;ule MMMI of these ;ules!
=! &he province shall share its collections form the ta3 on sand, gravel and other Iuantit resources within its
component cit and municipalit and the baranga where said resources are e3tracted!
* (rticle 5,, .. ole of people6s organi7ations, non 2 governmental organi7ations and the private sector
8,DWs shall promote the establishment and operation of peopleWs organi*ations, 0,"s and the private sector to
make them active partners in the pursuit of local autonom! 'or this purposes, peopleWs organi*ation, 0,"Ws and the
private sector shall be directl involved in the following plans, programs, pro>ects and activities of 8,Ds:
a! 8ocal special bodies2
b! Deliver of basic services and facilities
c! 7oint ventures and cooperative programs and undertakings
d! 'inancial and other forms of assistance
e! $referential treatment for organi*ations and cooperatives of marginali*ed fishermen
f! $referential treatment for cooperatives development and
g! 'inancing, cooperative, maintenance, operation, and management of infrastructure pro>ects
* /. Between the national government and the local governments8 ,. 9ith P$P8 %. 9ith component cites and
municipalities8 -. 9ith People6s and $on 2 Governmental 'rgani7ations :Sec. ,3;%5, LG+<
Sec. ,3. $ational supervision over local governments
a! %onsistent with the basic polic on local autonom, the $resident shall e3ercise general supervision over 8,DWs
to ensure that their acts are within the scope of their prescribed powers and functions!
&he $resident shall e3ercise supervisor authorit directl over provinces, highl urbani*ed cities and independent
component cities, thru the province with respect to component cities and municipalities and the cit and municipalities with
respect to barangas!
b! 0ational +gencies and offices with the pro>ect implementation functions shall coordinate with one another and
with the 8,DWs concerned in the discharge of these functions! &he shall ensure the participation of 8,DWs both in the
planning and implementation of the said pro>ects!
c! &he $resident ma, upon reIuest of the 8,D concerned, direct the appropriate national agenc provide financial,
technical or other forms of assistance to the 8,D! #uch assistance shall be e3tended at e3tra cost to the 8,D concerned
d! 0ational agencies and offices including government C owned or controlled corporations with field under or
branches in a province, cit or municipalit shall furnish the local chief e3ecutive concerned, for information and guidance,
monthl reports including dul certified budgetar allocations and e3penditures!
Sec. ,5. =uty of national government agencies in the maintenance of ecological balance :"ust go and read the code or
>G+<
Sec. ,?. Prior consultations re!uired :>G+<
Sec. ,1. Powers of local chief executives over the units of the Philippine $ational Police
&he e3tent of operational management and control of local chief e3ecutives over the police force, fire protection
unit, and >ail management personnel assigned in their respective >urisdictions shall be governed b the provisions of ;+
54=/, otherwise known as the FDI8, +ct of 1440G, the rules and regulations issued are pursuant thereto!
Sec. ,4. Provincial relations with component cites and municipalities
&he province, thru the governor, shall ensure that ever component cities and municipalit within its territorial
>urisdiction acts within the scope of its prescribed powers and functions! )ighl urbani*ed cities and independent
component cities shall be independent of the province!
Sec. %0. eview of executive orders
a! <3cept as otherwise provided under the %onstitutions and special statues, the governor shall review e3ecutive
orders promulgated b the component cit or municipal maor within his >urisdiction! &he cit municipal maor shall review
all <"Ws promulgated b the punong baranga within his >urisdiction! %opies of such orders shall be forward to the
governor or the cit or municipal maor, as the case ma be, within @ das from their issuance! In all instances of review,
the local chief e3ecutive concerned shall ensure that such <"Ws are within the powers granted b law and in conformit
with provincial, cit or municipal ordinances!
b! If the governor or cit or municipal maor fails to act on said <"Ws within @0 das of submission, the same shall
be deemed consistent with law and therefore valid!
Sec %/. Submission of municipal !uestion to the provincial legal officer or prosecutor
In the absence of municipal legal officer, the municipal government ma secure the opinion of the provincial legal
officer and in the absence of the latter, that of the provincial prosecutor on an legal Iuestion affecting the municipalit
Sec %,. +ity and municipal supervision over their respective barangays
&he cit or municipalit, thru the cit or municipal maor concerned shall e3ercise general supervision after
component baranga to ensure that said barangas act within the scope of their prescribed powers and functions!
Sec %%. +ooperative underta#ings among LGU6s
8,DsW ma, thru appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services and
resources for purposes commonl beneficial to them! In support of such undertakings, the 8,DWs involved ma, upon
approval b the sanggunian concerned after a public hearing for the purpose, contribute lands, real estate, eIuipment,
and other king of propert and appoint or assign personnel under such terms and conditions as ma be agreed upon b
the participating local units thru Memoranda of +greement!
Sec. %-. ole of people6s and non 2 governmental organi7ations
8,DWs shall promote the establishment and operation of peopleWs and non C governmental organi*ation to become
active partners in the pursuit of local autonom!
Sec. %3. Lin#ages with people6s and non 2 governmental organi7ations
8,DWs ma enter into >oint ventures and such other cooperative agreements with peopleWs and non C
governmental organi*ations to engage in the deliver of basic services, capabilit C building and livelihood pro>ects, and
top develop local enterprises designed to improve productivit and income, diversit, agriculture, spur industriali*ation,
promote ecological balance and enhance the economic and social well C being of the people!
Sec %5. (ssistance to people6s and non 2 governmental organi7ations
+n 8,D ma thru its local chief e3ecutive and with the concurrence of the sanggunian concerned, provide
assistance, financial or otherwise to such peopleWs and non C governmental organi*ations for economic , sociall C
oriented, environmental, or cultural pro>ects to be implemented within its >urisdiction!
REMUIREMENTS AND PROHIBITIONS APPLICABLE TO ALL LOCAL OFFICIALS AND EMPLOYEES ?Se- 248 258
258 Ar, #998 #928 IRR@
Section 40. Practice of Profession
a! +ll governors, cit and municipal maors are prohibited from practicing their profession or engaging in an
occupation other than the e3ercise of their functions as local chief e3ecutives!
b! #anggunian officials ma practice their professions, engage in an occupation, or teach in schools e3cept
during session hours! $rovided, that sanggunian members who are also members of the Bar shall not:
1! +ppear as counsel before an court in an civil case wherein and 8,D or an office, agenc or instrumentalit of
the government is the adverse part
2! +ppear as counsel in an criminal case wherein an official or emploee of the national or local government is
accused of an offense committed in relation to his office
@! %ollect an fee for their appearance in administrative proceedings involving the 8,D of which he is an official
A! Dse propert and personnel of the ,overnment e3cept when the sanggunian member concerned is defending the
interest of the ,overnment!
c! Doctors of medicine ma practice their profession even during official hours of work onl on occasion of
emergenc! $rovided, that the official do not derive an monetar income profession!
Section 4-. (ppointment of elective and appointive local officials8 candidates who lost in an election
a! 0o elective or appointive local official shall be eligible for appointment or designation in an capacit to an public office
or position during his tenure
Dnless otherwise allowed b law or primar functions of his position, no elective or appointive local official shall
hold an other office or emploment in the ,overnment or an subdivision or agenc, or instrumentalit thereof, including
government C owned or controlled corporation B,"%%? or their subsidiaries2
b! <3cept for losing candidates in baranga elections, no candidate who lost in an elections shall within 1 ear after such
election be appointed to an office in the ,overnment or an ,"%% or in an of the subsidiaries
Section 43. (dditional or double compensation
0o elective or appointive local official or emploee shall receive additional, double or indirect compensation
unless specificall authori*ed b law, nor accept, without the consent of %ongress, an present, emoluments, office, or
title of an kind form an foreign government! $ensions or gratuities shall not be considered additional or double or
indirect compensation!
(rticle /??. .. Practice of profession. Same as Section 40, LG+
(rticle /?4. . Prohibited business and pecuniary interest.
a! It shall be unlawful for an local government official or emploee whether directl or indirectl, to:
1! <ngage in an business transaction with the 8,D in which he is an official or emploee or over which he has the
power of supervision or with an of its authori*ed boards, officials, agents or attornes where mone is to be paid,
or propert or an other thing of value is to be transferred, directl or indirectl, out of the resources of the 8,D to
such person or firm2
2! )old such interests in an cockpit or other games licensed b 8,D
@! $urchase an real estate or other propert forfeited in favor of an 8,D for unpaid ta3es or assessment or b
virtues of a legal process at the instance of the said 8,D
A! Be a suret for an person contracting or doing business with an 8,D for which a suret is acIuired2 and
/! $ossess or use an public propert of an 8,D for private purposes
b!, +ll other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniar
interest so provided in ;+ 5=1@, otherwise known as the %ode of %onduct and <thical #tandards of $ublic officials and
<mploees, and other rules and regulations shall also be applicable to local government officials and emploees!
;ead #% %ircular 0o! 12 dated 7une @0, 14..
%irculars passed b the #% and administrative agencies are a bit more difficult to research! &heWre probabl not
that important anwa C probabl!
1. Javellana v. DILG 1 !C"# $%&
Fa-,s: +ttorne <dwin 7avellana was a cit councilor of Bago %it, 0egros "ccidental! )e was accused of
engaging in the practice of law without securing authorit form the ;egional Director of the Department of 8ocal
,overnment! )e also filed a case against the %it <ngineer, obviousl a fellow cit official! 7avellana contends that the 2
ordinances and #ec! 40 of the 8,% of 1441 which served as the basis of the charges against him were unconstitutional
because, according to +rticle VIII #ection / of the 14.= %onstitution, onl the #upreme %ourt ma promulgate rules and
regulations for the practice of law! )e also attacked the said laws for being discriminator for the ganged upon lawers
and doctors when other similar professions like teachers and morticians were not affected!
Hel(: 7avellana is wrong! ;easons:
1! )is contention that #ection 40 of the 8,% of 1441 and D8, Memorandum %ircular 0o! 40(.1 violate +rticle VII,
#ection / of the %onstitution is completel off tangent! 0either the statute nor the circular trenches upon the #upreme
%ourtWs power and authorit to prescribe rules on the practice of law! &he 8,% and D8, Memorandum %ircular 0o! 40(
.1 simpl prescribes rules of conduct for public officials to avoid conflict of interest between the discharge of their public
duties and the private practice of their profession, in those instances where the law allows it!
2! #ection 40 of the 8,% does not discriminate against the lawers and doctors! It applies to all provincial and
municipal officials in the professions or engaged in an occupation! #ection 40 e3plicitl provides that sanggunian
members Fma practice their professions, engage in an occupation or teach in school e3cept during session hoursG! If
there are some prohibitions that appl particularl to lawers, it is because of all the professions, the practice of law is
more likel than other to relate to or affect the area of public service
). Ville7as /. Le7a=pi ##0 SCRA 02
Fa-,s: ;aul Villegas was an +ssemblman of the Batasang $ambansa form the province of %ebu! <stanislao
'ernande* was also an +ssemblman Bfrom where, the case doesnWt sa, but thatWs not important?! Both were accused of
violating #ec! 11 +rticle VIII of the 14=@ %harter which states that: F0o member of the 0ational +ssembl shall appear as
counsel before an court inferior to a court without appellate >urisdiction! &he records show the appeared as counsel for
cases which were e3ercised b the +@.s in their original "urisdiction! Did the violate the constitutional prohibitionP
Hel(: Qes! #tated positivel, the constitutional provision allows +ssemblman to appear onl when the court
handling their case e3ercise appellate >urisdiction! "nl +ppellate >urisdiction is permitted because the office of the
+ssemblman carr so much influence and prestige that the might undul influence upon the administration of >ustice!
'. N'rie7a /. Sis'n #)1 SCRA )20
Fa-,s: &he name of the gu here is <mmanuel #ison! 6e place emphasi*e on the name here co* the
complainant )ermino 0oriega made such a big deal out of it 0oriega claimed that #ison, an attorne who works as a
)earing "fficer for the #<%, held himself out to the public as F+tt! Manuel #isonG and under such a gross
misrepresentation of his name handled a case for a close famil friend! 0oriega said that #ison violated the prohibition on
government emploees- form practicing their professions! #ison replied that the #<%, thru associate commissioner,
authori*ed him to allow as counsel for such and that he did it for free!
Hel(: #isonWs appearance as counsel as cited was an isolated case, the same therefore did not constitute practice
of law since he did not receive pecuniar benefit B0ote that this case took place before the advent of the %aetano v
Monsod ruling?! &he case against him seemed more like an instrument of harassment 0oriega since the latter once lost to
#ison in a #<% case! &here is simpl no evidence that the interchanges his name for a fraudulent purpose Bthe guWs
entitled to use a nickname like everbod else, rightP? nor this pleading which revealed his name to be FManuel #isonG be
tainted with deception since it was a mistake of #isonWs part and he consistentl tried to correct the same b pointing it out
in court!
ELECTIVE OFFICIALS
A. M$ali*i-a,i'n an( Ele-,i'n
#. Fri/al(' /. COMELEC )19 SCRA 9)9
Fa-,s: &he dissenting opinion b 7ustice Davide here is both prophetic and ironic because he spoke that
sovereignt cannot be fragmenti*ed because such fragment cannot be treated as a whole! Davide was talking about the
rule that the popular will of the people Bof #orsogon? in electing 7uan 'rivaldo as governor should not be frustrated since
he garnered the most votes! Qet 'rivaldo won under a cloud of doubt because he ma not have legall reacIuired his
citi*enship in time for the elections! &o allow 'rivaldo as governor >ust because the popular will of the electorate should
not be frustrated C but setting aside the rule of law in the process C would be anarch! Davide said B)ow ironic that it was
Davide himself who swore in ,M+ as $resident during <D#+ II?
&he ma>orit opinion however, fortunatel or otherwise, is the prevailing rule, 'rivaldo filed his certificate
of candidac for governor on March 20, 144/! ;aul 8ee, the eventual second placer, filed a petition with the %"M<8<% to
disIualif 'rivaldo because he was not et a 'ilipino citi*en at the time! &he %"M<8<% ruled in favor of 8ee but since
'rivaldo moved for reconsideration, his candidac continued! 'rivaldo eventuall topped the elections but on 7une @0,
144/, the %"M<8<% acting on 8eeWs petition, proclaimed 8ee as governor!
+ week later, 'rivaldo filed a petition claiming that on 7une @0, 144/ Bda of 8eeWs proclamation?, he took his oath
of allegiance as a 'ilipino citi*en after his +ugust 1=, 144A petition for repatriation has been granted! &he %"M<8<% thus
proclaimed 'rivaldo as winner!
8ee contends: 1! that 'rivaldoWs disIualification due to his lack of citi*enship is a continuing condition and
rendered him ineligible to run for governor2 and 2! the alleged repatriation of 'rivaldo cannot be retroactive!
Hel(: 8ee is wrong Bor mabe, wronged?! ;easons:
1! Dnder #ec! @4 of the 8,% of 1441, there is no showing that a candidate for an electoral position must be a 'ilipino
citi*en at an particular date and time! +dmittedl, there was the ob>ection that since a candidate must have been a
registered voter beforehand, he must have therefore possessed 'ilipino citi*enship in order to become a registered voter!
&he %ourt gave an e3planation C that the Iualification of citi*enship for a registered voter and that for a candidate are
separate. &he registration reIuirement of a candidate moreover, is for the purpose of registering him as a voter in the area
or reIuirement of a candidate moreover, is onl for the purpose of registering him as a voter in the area or territor he
seeks to govern! )e does not actuall have to vote B+ng laoY &he issue is citi*enship, not voting! &he issue of being a
registered voter was merel raised to bolster the claim that the Iualification of citi*enship is a continuing one and thus
cannot be acIuired at a later time! &he %ourt is saing, F;un now, acIuire citi*enship later,G which is lous! Is this the wa
we treat our precious citi*enshipP?
2! &he alleged repatriation of 'rivaldo can be retroactive! $D =2/ declares that repatriation creates a Fnew rightG in
order to cure a defect in the e3isting naturali*ation law! In 'rivaldoWs cause he was stateless at the time he took his 'ilipino
oath of allegiance since in his comment, he has long renounced his +merican citi*enship Ba self serving statement?!
Moreover since he ran for governor several times prior to 144/, he necessaril must have taken the 'ilipino oath of
allegiance several times as well, which is another indication of renunciation of his +merican citi*enship BDavide countered
that it is the D#, not 'rivaldo, who decides who is and who is not her nationals, a principle in international law?! &herefore,
to prevent pre>udice to 'rivaldo b letting him remain stateless for a substantial period of time while in the meantime being
deprived of his rights, it is clear then that $D =2/ was intended to be retroactive! In short, 'rivaldoWs repatriation retracted
to +ug 1=, 144A, the da he filed his application for such and not >ust on 7une @0, 144/!
). Sal'!'n /. NEA #32 SCRA 149
Fa-,s: 0atividad #alomon was a Director for the 8a Dnion <lectric %orporation B8D8<%"?! Because she was also
a Baranga %aptain of 0atividad, 0aguilan, 8a Dnion, the Minister of 8ocal ,overnment of 8a Dnion appointed her as a
member of the sangguniang $anlalawigan of 8a Dnion! &he 0ational <lectrification +dministration, however, disIualified
her from further acting as 8D8<%" director b authorit of #ec! 21 of $D 254 which sas, F<lective officers of the
government, e3cept barrio captain and councilors, shall be ineligible to become officers andKor directors of an Belectric
cooperative?!G B#ection 21 $D 0o! 254?! &he legal provision is also incorporated in section @, +rticle IV of the 8D8<%"Ws
b C laws which runs: F0o persons shall be eligible to become or to remain a board member of the cooperative who holds
an elective office in the government above the level of a baranga captain!G
#alomon simpl argued that she is not an elective officer but an appointive officer as the facts above show! Is she
therefore e3empt form the prohibitionP
)eld: 0o, the spirit of the law would be undermined C that incumbents of elective offices be prevented form e3erting
political influence and pressure on the management of the cooperative! &he spirit of the law is as much a part of what is
was written Bwow?!
B. Va-an-ies an( s$--essi'n
#. Per!anen, Va-an-ies
* Sec --. Permanent vacancies in the office of the governor, vice 2 governor, mayor and vice mayor.
a. If a permanent vacanc occurs in the office of the governor or maor, the vice governor or vice maor
concerned shall become the governor or maor! If a permanent vacanc occurs on the office of the governor, vice C
governor, maor, or vice C maor as the case ma be! #ubseIuent vacancies in the said office shall be filled automaticall
b other sangguniang members according to their ranking as defined therein!
b! If a permanent vacanc occurred in the office of the punong baranga, the highest ranking sangguniang
baranga member or, in the case of his permanent inabilit, the second highest ranking sanggunian member shall
become the punong baranga!
c! + tie between or among the highest ranking sangguniang members shall be resolved b the drawing of lots
d! &he successors as defined herein shall serve onl the une3pired portions of their predecessors!
'or purposes of this chapter, a permanent vacanc arises when an elective local official fills a higher vacant
office, refuses to assume office, fails to Iualif, dies, is removed from office, voluntaril resigns, or is otherwise
permanentl incapacitated to discharge the functions of his office!
'or purposes of succession as provided in this chapter, ranking in the sanggunian shall be determined on the
basis of the proportion of votes obtained b each winning candidate to the total number of registered voters in each district
in the immediatel preceding local election!
* Sec -3. Permanent vacancies in the sanggunian
a! $ermanent vacancies in the sanggunian where automatic successions provided above do not appl shall be
filled b appointment in the manner provided:
1! &he $resident, thru the <3ecutive #ecretar, in the case of the #angguniang $anlalawigan and the #anggunian
$anlungsod of highl urbani*ed cites and independent component cities2
2! &he governor, in case of the sangguniang panlungsod of component cites and the sangguniang baan
@! &he cit or municipal maor, in case of the sangguniang baranga, upon recommendation of the sangguniang
baan concerned
b! <3cept for the sangguniang baranga, onl the nominee of the political part under which the sangguniang member
concerned had been elected and whose elevation to the position ne3t higher in rank created the last vacanc in the
sanggunian shall be appointed in the same manner herein provided! &he appointee shall come form the same political
part as that of the sangguniang member who caused the vacanc and shall serve the une3pired term of the vacant
office! In the appointment herein mentioned a nomination and a certificate of membership of the appointee from the
highest official of the political part concerned are conditions sine Iua non and an appointment without such nomination
shall be null and void and shall be a ground for administrative action against the official thereof!
c! In case the permanent vacanc in the representation of the outh and baranga in the sanggunian, said vacanc shall
be filled automaticall b the official ne3t in rank b the organi*ation concerned
). Te!p'rar. Va-an-ies
T Section -5 &emporary vacancies in the office of the local chief executive
a! 6hen the governor cit or municipal maor or punong baranga is temporaril incapacitated to perform his
duties for phsical or legal reasons such as but not limited to, leave of absence, travel abroad, suspension from office, the
vice(governor, cit or municipal vice(maor or the highest ranking sangguniang baranga member shall automaticall
e3ercise the powers and perform the duties of the local chief e3ecutive concerned e3cept the power to appoint, suspend,
or dismiss emploees which can onl be e3ercised if the period of the temporar incapacit e3ceeds for @0 working das
b! #aid temporar incapacit shall terminate upon submission to the appropriate sanggunian of a written
declaration b the local chief e3ecutive concerned that he has to return back to office! In cases where the temporar
incapacit is due to legal causes the local chief e3ecutive concerned shall also submit necessar documents that said
legal causes no longer e3ist!
c! 6hen the incumbent local chief e3ecutive is traveling within the countr but outside his territorial >urisdiction for
period not e3ceeding @ consecutive das, he ma designate in writing an officer(in(charge of the said office! #uch
authori*ation shall specifies the powers and functions that the local official concerned shall e3ercise in the absence of the
local chief e3ecutive e3cept the power to appoint, suspend, or dismiss emploees
d! In the event, however, that the local chief e3ecutive concerned fails or refuses to issue such authori*ation, the
vice(governor, the cit or municipal vice(maor, or the highest ranking sangguniang baranga member, as the case ma
be, shall have the right to assume powers, duties and function of the said office on the A
th
da of absence of the said local
chief e3ecutive, sub>ect to the limitation provided in subsection B%? hereof!
e! <3cept as provided above the local chief e3ecutive in no case authori*ed an local official to assume the
powers, duties and functions, other than the vice(governor, the cit or municipal vice(maor, the highest sangguniang
baranga member, as the case ma be!
0. Resi7na,i'n
T (rticle 1, .. esignation
a! ;esignation of elective local officials shall be deemed effective onl upon acceptance of the following
authorities:
1! B the $resident, in the case of governor and vice(governor, maors and vice(maors of highl urbani*ed
cities, independent component cities and municipalities within the Metro Manila and other metropolitan
political subdivisions as ma be created b law!
2! B the governor, in case of municipal maor, municipal vice(maors, maors and vice(maors of
component cities
@! B the sanggunian concerned, in the case of sanggunian members: and
A! B the cit or the municipal maor, in the case of baranga officials
b! &he DI8, shall be furnished copies of the letters of the resignation letters of elective local officials together with
the action taken b the authorities concerned
c! &he resignation shall be deemed accepted if not acted upon b the authorit concerned within 1/ das from
receipt thereof
d! Irrevocable resignations b sanggunian members shall be deemed accepted upon presentation before an open
session of the sanggunian concerned and dul entered in its records! &his provision shall not appl to sanggunian
members who are sub>ect to recall elections or to cases where e3isting laws prescribed of acting upon such resignations!
#. Panis /. Ci/il Ser/i-e C'!!issi'n ))2 SCRA 1<2
Fa-,s: &he %ebu %it Medical %enter B%%M%? is a government hospital of %ebu %it! "ne da, a new office in
said hospital was created b virtue b a valid reorgani*ation C the +ssistant %hief of )ospital for +dministration! &wo
candidates for the appointive position cropped up! 7aime $anis and Bella Veloso, $anis loved to crow about his seniorit
status and thought he would be chosen for the position! )owever, the cit maor appointed Veloso, $anis now claims
that the appointment of Veloso was made in violation of law, e3isting civil service rules and established >urisprudence
because the seniorit and ne3t in rank rules were disregarded!
Hel(: $anis is wrong! 'irst, even if granting that Veloso was originall an outsider as she came from the private
sector, it will not prohibit her emploment as long as she has her civil service eligibilit! #econd, the ne3t rank rule
applies onl in cases of promotion! &he position being fought was newl created! +ssuming however, that said position
could onl be filled up through promotion, still the ne3t in rank rule is not mandator C it nearl gives preferential
treatment! Dltimatel, the power to appoint lies within the discretion of the local chief e3ecutive vested with the power,
provided that appointee possesses the minimum reIuirements provided b law!
). Mens'n /. Pe,illa #29 SCRA )1#
Fa-,s: 'or a time, the province of 8ete had not proclaimed an governor! #o on 'ebruar 15, 14.., the
secretar of local government appointed vice(governor 8eopoldo $etilla as acting governor of the province of 8ete!
0ow the position of vice(gu was vacant! &he secretar of local government thus appointed +urelio Menson, a
senior member of sangguniang panlalawigan as vice(governor!
<verthing would have been fine e3cept for one thing: the 8,% of 14.@ does not provide for succession of the
office of the vice(governor Beven the 8,% of 1441 as well?! #till, Men*on did serve for more than a ear as vice(governor!
"n 7ul =, 14.4, after some serious debate on the legalit of MensonWs appointment, the sangguniang
panlalawigan issued a resolution holding invalid the appointment of Menson as vice(governor! &heir reasoning: legall
speaking, there is no vacanc in the office of the vice(governor cause no law recogni*es its e3istence! +nd granting that
such vacanc legall e3ists, the law does not authori*e secretar of local government to have an appointment thereto! +s
a result, poor Menson was not paid emoluments attached to his office as vice(governor!
6as there reall a vacancP Is Menson entitled to the emolumentsP
Hel(: 1! Menson was appointed precisel to avoid such scenario! Besides, the law on public officers is clear on
the matter! &here is no vacanc whenever the office is occupied b a legall Iualified incumbent! In a scenario there is a
vacanc when there is no person lawfull authori*ed to assume and e3ercise at present the duties of the office!
+ppling the definition of vacanc in this case, it can be readil seen that the office of the vice(governor was left
vacant when the dul elected vice(governor 8eopoldo $etilla was appointed acting governor! In the ees of the law, the
office to which he was elected was left barren of a legall Iualified person to e3ercise the duties of the vice(governor
2! It ma be noted under commonwealth act no! /.. and the revised administrative code of 14.=, the $resident is
empowered to make temporar appointments in certain public offices, in case of an vacanc that ma occur! +dmittedl,
both laws deal onl with the filling of vacancies in appointive positions! )owever, in the absence of an contrar provision
in the local government code and in the best interest of public service, the #% saw no(cogent reason wh the procedure
thus outlined b the two laws ma not be similarl applied in the present case! $etilla et! al! contend that the provincial
board is the correct appointing power! &his argument has no merit! +s between the $resident who has supervision over
local government as provided b law and the members of the board who are >unior to the vice(governor, the #% has no
problem ruling in favor of the president, until the law provides otherwise!
@! In view of the foregoing, MensonWs right to be paid the salar attached to the office of the vice(governor is
indubitable! +nd, even granting that the $resident, acting through the secretar of local government, possesses no power
to appoint the petitioner, at the ver least, the petitioner is de facto officer entitled to compensation!
A! &he #% e3plained that the vacanc must alwas be filled, in this wise: F+ vacanc creates an anomalous
situation and finds no approbation under the law for it deprives the constituents of the right of the representation and
governance in their own local government! In a republican form of government, the ma>orit rules through their chosen
few, and if one of them is incapacitated or absent, etc, the management of governmental affairs, ma be hampered!
0ecessaril, there will be a conseIuent dela in the deliver of basic services to the people of 8ete if the governor or the
vice(governor is missingG
0. San77$nian7 Ba.an '* San An(res8 Ca,an($anes /. CA )<5 SCRA )93
Fa-,s: +ugusto +ntonio was a baranga captain of #apang $ala, #an +ndres, %atanduanes in March 14.4! &his
gu later became president of the +ssociation of Baranga %ouncils or +B%! &hanks to the 8,% of 14.@, his position
also entitles him to be a member of the sangguniang baan of the Municipalit of #an +ndres!
Meanwhile, the election for president of the 'ederation of the +ssociation of Baranga %ouncils B+B%? was for the
municipalit! '+B% was for the province was declared void for lack of Iuorum so the provincial council was forced to
reorgani*e! +s a result, the DI8, secretar, in recognition of +ntonio as a power hungr politician, designated him as a
temporar member of the #angguniang $anlalawigan! 0enito +Iuino, the +B% vice(president took his place! +ntonio
however, never Iuestioned +Iuino as his replacement! +ntonio tendered his resignation from the sangguniang baan
Bbut not as +B% president? and would later on serve the sangguniang panlalawigan for 2 ears!
#ome time afterwards, the election for president of '+B% above Iuoted, which was once declared void, was
reversed b the #%! +lso, was found to unIualified for membership in the #angguniang $anlalawigan so he got promptl
kicked(out!
+ ear passed! &hen +ntonio heard that +Iuino resigned from the presidenc of the +B%! +ntonio now wants his
old >ob back as +B% president! &he #angguniang Baan refused to take him back, saing he resigned from the
#angguniang Baan a long time ago! +ntonio replied that the third reIuirement for his valid resignation C acceptance b
the president or his alter ego was missing! Moreover, if his resignation was valid he did not resign as +B% president C
and said position still carries with it the benefit of being an e3(officio member of the #angguniang Baan! &he
#angguniang Baan countered that he either did one of two things C resignation or abandonment of his old post!
Hel(: +ntonio did not effectivel resign but he did abandon his post! ;easons:
1! ;esignation as the F+ct of giving up or the act of an officer b which he declines his office and renounces
the further right to use it! It is an e3pression of the incumbent in some form e3pressed or implied or the intention to
surrender renounce and relinIuish the office and the acceptance b competent and lawful authorit!G &o constitute a
complete and operative resignation from public office, there must be: a! an intention to relinIuish a part of the term2 b! an
act of relinIuishment2 and c! an acceptance b the proper authorit! &he last one is reIuired b reason of +rticle 2@. of
the ;evised $enal %ode!
+ntonio did not effectivel resign because the third element is missing! 6hile it is true that the 8,% is silent as to
who shall accept the resignation of a #anggunian Baan member, >urisprudence has held that in the absence of statutor
provisions as to whom resignations shall be submitted, the appointing person or bod shall receive the resignation! &he
president or his alter ego is the appointing person in this case and there was no evidence that either of them have
received +ntonioWs resignation!
2! +ntonio however, abandoned his post! +bandonment of an office has been defined as the voluntar
relinIuishment of an office b the holder with the intention of terminating his possession and control thereof! &he
following clearl manifest the intention of private respondent to abandon his position: 1! his failure to perform his function
as member of the #angguniang Baan! 2! his failure to collect the corresponding remuneration for the position, @! his
failure to ob>ect to the appointment of +Iuino as his replacement in the #angguniang Baan, A! his prolonged failure to
initiate an act to re assume his post in the #angguniang Baan after the #upreme %ourt had nullified his designation to
the #angguniang $anlalawigan!
"n the other hand, the following, the following overt acts demonstrate that he had affected his intention 1! his
letter of resignation from the #angguniang Baan, 2! his assumption of office as member of said #anggunian
$anlalawigan @! his faithful discharge of his duties and functions as member of said #anggunian and A! his receipt of the
remuneration for such post!
6hile it was true that +ntonio was designated as member of the #anggunian $anlalawigan C meaning his
appointment there was merel to discharge duties in addition to his regular responsibilities as a #anggunian Baan
Members C still his e3press and implied acts clearl indicate hi abandonment of the latter!
@! 8astl, +ntonio, who remained +B% president, claims the legal right to be a member of the #angguniang Baan
b virtue of #ection 1A5 of B$ Blg @@=! )owever, his right thereto is not self C e3ecutor, for the law itself reIuires
another positive act an appointment b the $resident or the secretar of local government per <" @A2! 6hat +ntonio
could have done in order to be able to re assume his post after +IuinoWs resignation was to seek a reappointment form
the $resident of the secretar of local government! B large, +ntonio cannot claim an absolute right to the office which!
B his own actuations, he is deemed to have relinIuished!
5. Ga!"'a 6r. /. A7$irre 6r. 0#4 SCRA <39
Fa-,s: In the 144/ elections, we have the following winners from 0egros "ccidental: ;afael %oscolluela as
governor2 ;omeo ,amboa as vice governor2 and Marcelo +guirre and 7uan +raneta as #angguniang $anlalawigan B#$?!
0ow, under the 8,% of 1441, the vice governor shall also be the officer of the #$! 1eep this in mind later on!
&he governor went awa on an official trip abroad! Before he left, he designated vice governor as acting governor!
#o the vice governor became acting governor! But when vice governor ,amboa, who was now acting governor as well,
tried to preside over #$ sessions, some #$ members resented and even filed a case in court to prohibit him from doing
so! &he court even declared ,amboa as Ftemporaril legall incapacitated to preside over the sessions of the #$ during
the period that he is the acting governor!G 6as the trial court correctP
Hel(: Qes, if ouWll look at the composition of the #$, no presence of the governor! can be found! #ince ,amboa
became acting governor!, he technicall had given up his #$ membership notwithstanding him being still vice governor!
since the 8,% of 1441 is clear that the composition of the #$ should not have even the slightest hint of governorWs
presence C not even his smell! 6hat the law enumerates, the law necessaril e3cludes! +n acting give smells like a
governor! 'or all other purposes however, ,amboa still remains as vice governor!
In such case, since the vice governor! cannot preside, the #$ members present and constituting a Iuorum shall
elect a temporar presiding officer form among themselves B#ec A4b, 8,%?
C. Re-all?See 32-918 LGC an( Ar, #15 ; #3)8 IRR@
* Sec 54, LG+. By whom exercised! &he power of recall for loss of confidence shall be e3ercised b regular voters
of an 8,D to which the local elective official sub>ect to such recall belongs!
* Sec ?0 .nitiation of the recall process
a! ;ecall ma be initiated b a preparator recall assembl or b the registered voters of the 8,D to which the
local elective official to such recall belongs!
b! &here shall be a preparator recall assembl in ever province, cit, district and municipalit which shall be
composed of the following:
1! $rovincial level! +ll the maors, vice C maors and sanggunian members of the municipalities and
component cities
2! %it level: all punong baranga and sangguniang baranga members in the cit
@! 8egislative district level! In case where sangguniang panlalawigan members are elected b district, all
elective municipal officers in the district and in cases where sangguniang panlungsod members are elected
b district, all elective baranga officials in the district and
A! Municipal level! +ll punong baranga and sangguniang baranga members in the municipalit!
c! + ma>orit of all the preparator recall assembl members ma convene in session in a public place initiate a
recall proceeding against an elective official in the 8,D concerned! ;ecall of cit, provincial and municipal officials shall
be validl initiated through a resolution adopted b a ma>orit of all the preparator recall assembl concerned during its
session called for the purpose!
d! recall of an elective provincial, cit, or municipal or baranga official ma also be validl initiated on petition of
at least 2/R of the total number of registered voters in the 8,D concerned during the election which the local official
sought to be recalled was elected!
1! + written petition for recall dul signed before the election registrar or his rep and in the absence of rep of the
petitioner and a rep of the official sought to be recalled and in a public lace in the province, cit or municipalit or
baranga as the case mabe, shall be filed with the %"M<8<% thru its office of the 8,D concerned! &he %"M<8<% or its
dul authori*ed rep shall cause the publication of the petition in a public and conspicuous place for a period of not less
than 10 das nor more than 20 das for the purpose of ratifing the authenticit and genuineness of the petition and the
reIuired percentage of voters!
2! Dpon the lapse of the aforesaid period, the %"M<8<% or its dul authori*e rep shall announce the acceptance
of candidates to the position and thereafter prepare a list of candidates which shall include the name of the official sought
to be recalled!
*Sec ?/ Alection on recall! Dpon filing of a valid resolution or petition for recall with the appropriate local office of the
%"M<8<%, the %ommission or its dul recogni*ed rep shall set the date of the election on recall, which shall be not later
than @0 das after the filing of the resolution or petition for recall in the case of the baranga, cit, or municipal officials
and A/ das in the case of provincial officials! &he official officials sought to be recalled shall automaticall be considered
as a dul registered candidate or candidates to pertinent positions and like other candidates, shall be entitled to be voted
upon!
TSec ?, effectivity of recall. &he recall of an elective local official shall be effective onl upon the secretion and
proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election
on recall! #hould the official sought to be recalled receive the highest number of votes, confidence in him is thereb
affirmed and he shall continue in office!
*Sec ?% Prohibition form resignation. &he elective local official sought to be recalled shall not be allowed to resign while
the recall process is in progress!
*Sec ?- Limitations on recall
a! +n elective local official ma be the sub>ect of a recall election onl once during the term of his office or loss of
confidence!
b! 0o recall shall take place within 1 ear from the date of the officialWs assumption to office of 1 ear immediatel
preceding a regular local election!
* Sec ?3. Axpenses incidental to recall elections! +ll e3penses incidental to recall elections shall be borne b the
%"M<8<%! 'or this purpose, there shall be included in the annual ,eneral +ppropriation +ct a %ontingenc fund at the
disposal of the %"M<8<% for the conduct of recall elections!
* #rt 1&$ ( 1)* I"". ECa-,l. ,e sa!e as a"'/e8 "$, &i, a((i,i'n '* O:' !a. "e re-alle(L ?see "el'&@
#. ReG$isi,es
If thereWs such a thing as reIuisites of a recall, itWs probabl found buried in #ection 54 and =0 of the 8,% of 1441!
&he reIuisites probabl are:
a! Initiation, either thru direct action b the people or thru a preparator recall assembl2 and
b! <lection
). :' !a. "e re-alle(
(rt /33. . 6ho ma be recalled! +n elective provincial, cit, municipal or baranga official ma be recalled for loss
of confidence in the manner prescribed in this rule provided that no recall ma be instituted against said elective local
official who have been the sub>ect of a previous recall election held during the same term of office!

@! ,rounds for recalls

8oss of confidence, which is a political Iuestion
A! 6hen recall ma not be held
#ee #ection =A, 8,% of 1441
/! $rocedure for recall
#ee #ection =0, supra
5! <ffectivit of recall
#ee #ection =2, supra
#. Gar-ia /. COMELEC ))9 SCRA #44
Fa-,s: <nriIue ,arcia was elected ,overnor of Bataan in the 1442 elections! #ome maors, vice maors and
#angguniang Baan members of the 12 municipalities of Bataan however convened and constitute themselves into a
$reparator ;ecall +ssembl to initiate the recall of ,arcia! &he $;+Ws first resolution calling for the recall of ,arcia was
however shot down b the #% because it was found that the backers of the $;+ sent onl selective notices to local
officials most likel smpathetic to their cause! &he $;+ thus cured this defect in their second resolution! #cared, ,arcia
now assails the constitutionalit of #ection =0 of the 8,% of 1441, which allows a preparator recall assembl to initiate a
recall of an elective official! ,arcia sas that it-s highl possible that the dominant political part in government can use a
recall as a tool in ousting their incumbent opponents2 2? the ;$+ is not reflective of the people-s will2 @? the right to initiate
recall rests with the people itself!
Hel(: ,arcia is wrong reasons:
1? +ll powers are sub>ect to abuse anwa! &o den power because it can be abused b the grantee is to render
government powerless and no people need a toothless government! &his is the reason behind the presumption that public
officials are actuall performing their duties in good faith!
2? &he $;+ is merel a step in the recall process! &he recall it self still has to be submitted to the people for
affirmation thru an election! &he $;+ is not the recall itself, thus it cannot be said to be reflective of the people-s will!
@? &he $;+ is also initiation of recall b the people themselves, although done indirectl through their
representatives! &he reason for using $;+ as a mode for initiating recall is because admittedl, initiating recall thru direct
action b the people is difficult and e3pensive!
A? Davide-s dissent: the power to initiate recall includes the power not to initiate! &he power to initiate becomes
meaningless if another bod is authori*ed to do it for the electorate! It-s not hard to see that in realit, it-s far eas get
ma>orit of the $;+ to initiate a recall proceeding! In effect a small group can easil negate the power of the vast
electorate to initiate recall Btherefore, the good >ustice is doubtful of the republican sstem of the government?! 6hat
congress should have done is to reduce the minimum 2/R reIuirement down to 1/ or 20R Bwhich is good idea?!
). E/ar('ne /. COMELEC )45 SCRA 535
Fa-,s: &he gus here calling for a recall of an elective official failed because the initiated the recall a bit too late!
'elipe <vardone won as maor of municipalit of #ulat, <astern #amar in the 14.. election! 2 ears later,
+le3ander +pelado and friends filed a petition for the recall of <vardone! &he %"M<8<% approved the signing of the said
petition for recall!
&here was some ballhoo regarding a &;" issued b the #% retraining +pelado and friends from proceeding of
the signing of the petition, but that-s not important! 6hat <verdone complaining about is that the %"M<8<% cannot
formulate rules and regulations governing the procedure of recall elections because according to the 14.= %onstitution,
%ongress is supposed to pass a new local government code which would provide for the procedure in recall elections!
#ince such a code wasn-t passed at the time, the initiation for recall must fail because there-s no procedure in e3istence to
follow anwa!
Hel(: &he initiation of recall must fail, but for a different reason!
1? Its true tat the 8,% of 1441 has et to be passed! )owever, the 8,% of 14.@ BB$ @@=? was still in force in hat
time as can be shown in the proceedings of the 14.5 %onstitutional %ommission where the effectiveness of B$ @@= was
e3pressl recogni*ed! B$ @@= authori*es the %"M<8<% to supervise and control recall elections and promulgate the
necessar rules and regulations!
2? )owever, the #% promulgated this decision in 1441! &he 1442 elections was onl = months awa, B$ @@=
disallows the holding of recall elections one ear immediatel preceding a regular local election!
0. Paras /. COMELEC )35 SCRA 52
Fa-,s: $ati #1 elections ba naman pinatulan ng recall!
Danilo $aras won as $unong Baranga in the 144A baranga elections of $ula, %abanatuan %it! + petition for
his recall as $unong Baranga was filed b the registered voters of the baranga! $aras managed to dela the holding of
the recall elections @ times Bnote that the term of a $unong Baranga is for @ ears onl?! &he third attempt at a recall
election was slated for 7anuar 1@, 1445! $aras gleefull noted that the recall action was barred b representation as no
recall shall take place! 1 ear immediatel preceding a regular election as managed b #<%!=ABb?, 8,% of 1441!
Hel(: + #angguniang 1abataan B#1? election is not a regular local election, at least within the contest of #ection
=A because said #ection =A, when taken together as a whole, is intended for elective positions with minimum terms of A
ears! $ara-s interpretation of the statute is too literal and absurd! &he spirit, rather than the letter of the law, determines
it-s contents!
)owever $ara-s delaing tactics worked! &he ne3t regular elections concerning the baranga office concerned is
merel = moths awa! ;ecall is no longer possible b virtue of same election =ABb?! $ara-s still merges as the winner
BMoral lesson: 6ag mo ng patulan ang #1 elections @ taon lang naman natiis an eh?!
5. Mer-a(' /. B'ar( '* Ele-,i'ns S$per/is'rs '* I"aan8 Ba,an7as )50 SCRA 5))
Fa-,s: 7ose Mercado was proclaimed #1 chairman of Baranga Mabalor, Ibaan Batangas during the 1442
elections! )is rival, %risanto $angilinan, filed a protest with the Board of <lections #upervisors BB<#? on the ground that
some votes, were invalidated b the Board of <lection &ellers BB<&? %hairman without insulting his fellow members!
$angilinan won in the recount
Mercado assailed in the authorit of the B<# act on the protest filed b his rival! )e said the ground created b
$angilinan was in the nature of an election protest properl cogni*able b the Metropolitan or Municipal &rial %ourt Bas
mandated b #ection 2/2 of the "mnibus <lection %ode? and not b some never heard B<#, a bod created b the
%"M<8<% thru its ;esolution 0o! 2A44!
&he ;&% dismissed Mercado-s complaint saing that ;esolution 0o! 2A44 of the %"M<8<% did not vest in the
;&% >urisdiction to tr #1 elections! Mercado then argued at the #% that ;es! 0o! 2A44 was null and void in the first place
because #1 elections are governed b the "mnibus <lection %ode and not b some numb resolution passed without legal
basis b the %"M<8<%!
Hel(: Mercado is mistaken! ;easons:
1? &he #1 election is not an election involving elective baranga officials within the conte3t of the "mnibus
<lection %ode and the %onstitution! &he position of #1 chairman is not include as one of the elective members of the
#angguniang Baranga Bwhich consist of the punong baranga and = regular sangguniang baranga members?! +n #1
chairman is at best merel an e3(officer member of #angguniang Baranga! &herefore, #1 elections are not governed b
the "mnibus <lection %ode!
2? +rticle 20@ of the I;; of the 8,% 1441 states that #1 elections shall be governed b the rules promulgated b
the %"M<8<%! &herefore, the B<#, as a creation of %"M<8<% ;es! 0o! 2A44, has legal authorit to take cogni*ance of
the #1 election protest!
1. Cla$(i' /. COMELEC 0## SCRA 0<<
Fa-,s: 7ovito %laudio won as maor of $asa %it in the 144. elections! In Ma, 1444, less than a ear later,
several baranga chairs gathered to discuss the filing of a petition for recall against Maor %laudio and the %onvening of
the $;+! It took onl less than 2 weeks for the members of the $;+ to obtain a ma>orit vote for the passing of a
resolution calling for said recall!
%laudio however complained that what his opponents did was contrar to section =A of the 8,% 1441, because of
the word FrecallG in said section should be interpreted not onl to mean a recall election alone, but is also intended to
include the convening of the $;+ and the filling b it of a recall resolution! If %laudio-s interpretation is correct, then his
enemies ma have indeed violated the statutor prohibition that Fno recall shall take place within 1 ear from the date of
the official-s assumption to officeG since the $;+ did indeed convene less than a ear from %laudio-s assumption into
office!
%laudio also argued that the phrase Fregular local electionG in said #ection =ABb? includes the election period for
that regular election and not onl the date of such election!
Hel(: %laudio is wrong! ;easons:
1? &he word recall in #ection =ABb? refers to the recall election and not the preliminar proceedings to recall!
#ection =A speaks of limitations on FrecallG which, according to section 54, is a power which e3ercised b the registered
voters of an 8,D! #ince the voters do not e3ercise such right e3cept in an election, it is clear that the initiation of recall
proceedings is not prohibited within the 1 ear period provided!
2? +nother reason wh the initiation of recall proceedings is not prohibited within the 1 ear period provided in
=ABb? is that to hold the otherwise would be to undul restrict the constitutional right of speech and of assembl of its
members! Indeed, it would be wrong to assume that such assemblies will alwas eventuate in a recall election! &o the
contrar, the ma result in the e3pression of confidence in incumbent!
@? &he election period is not included in the phrase Fregular local election!G %laudio-s interpretation would severel
limit the period during which a recall election ma be held! #uch an interpretation must be re>ected because it would
devitali*e the right of recall which is designed to make 8,D-s more responsive and accountable
D. L'-al Ini,ia,i/e an( Re*eren($! ?Se-. #)4-#)98 Ar,. #00-#108 IRR@
T#ec! 120, 8,%! 8ocal initiatives defined! 8ocal initiative is the legal process whereb the registered voters of an
8,D ma directl propose, enact, or amend an ordinance!
T#ec! 121! 6ho ma e3ercise! &he power of local initiative and the referendum ma be e3ercised b all registered
voters of the provinces, cities, municipalities and barangas!
KSe-. #)). Pr'-e($re in l'-al ini,ia,i/e.
a? 0ot less than 1,000 registered voters in case of provinces and cities, 100 in case of municipalities, and /0 in
case of barangas, ma file a petition with the sanggunian concerned proposing the adoption, enactment, repeal or
amendment of an ordinance!
b? If no favorable action is taken thereon b the sanggunian concerned within @0 das from its presentation, the
proponents, thru their dul authori*ed representatives, ma invoke their power of initiative giving notice thereof to the
sanggunian concerned!
c? &he proposition shall be numbered seriall from ;oman numeral I! &he %"M<8<% or its designated
representative shall e3tend assistance in the formulation of the proposition!
d? 2 or more propositions ma be submitted in an initiative!
e? $roponents shall have 40 das in the case of provinces and cities, 50 das in the case of municipalities, and @0
das in the case of barangas, from notice mentioned in subsection Bb? hereof to collect the reIuired number of
signatures!
f? &he petition shall be singed before the election registrar, or his designated rep! in the presence of the
representative of the proponent and a rep! of sanggunian concerned, in a public place in the 8,D, as the case ma be!
#tations for collecting signatures must be established in as man places as ma be warranted!
g? Dpon the lapse of the period herein provided, the %"M<8<%, thru its office in the 8,D concerned for their
approve within 50 das from the date of certification b the %"M<8<%, as provided in subsection Bg? hereof, A/ das in
the case of municipalities, and @0 das in the case of barangas! &he initiative shall then be heard on the date set, after
which the result thereof shall be certified and proclaimed b the %"M<8<%!
T#ec! 12@! <ffectivel of local propositions! If the proposition is approved b a ma>orit of a vote cast, it shall take
effect 1/ das after certification b the %"M<8<% as if affirmative action thereon had been position is considered
defeated!
T#ec! 12A! 8imitations of local initiative!
a? &he power of local initiative shall not be e3ercised more than once a ear!
b? Initiative shall e3tend onl to sub>ects or matters which are within the legal powers of the sanggunian to enact!
c? If at an time before the initiative is held, the sanggunian concerned adopts in to the proposition presented and
the local chief e3ecutive approves the same, the initiative shall be canceled! )owever, those against such action ma, if
the so desire, appl for initiative in the manner herein provided!
T#ec! 12/! 8imitations upon sanggunian! +n proposition or ordinance adopted thru the sstem of initiative and
referendum as herein provided shall not be repealed, modified, or amended b the sanggunian concerned within 5
months from the date approval thereof and ma be amended, modified, or repealed within @ ears thereafter b a vote of
] of its members: $rovided, that in case of barangas, the period shall be 1. moths after the approval thereof!
T#ec! 125! 8ocal referendum defined! 8ocal referendum is the legal process whereb the registered voters of the
8,Ds ma approve, amend or re>ect an ordinance enacted b the sanggunian!
&he local referendum shall be held under the direction and control of the %"M<8<% within the 50 das in case of
provinces and cities, A/ das in case of municipalities and @0 das in the case of barangas!
&he %"M<8<% shall certif and proclaim the results of the said referendum!
T#ec! 12=! +uthorit of courts! 0othing in this chapter shall prevent or preclude the power courts from declaring
null and void an proposition approved pursuant to this %hapter for the violation of the %onstitution or want of capacit of
the sanggunian concerned to enact the said measure!
NOTE: +rticles 1@@(1/@, I;; are roughl the same #ection 120(12= above! )owever, we should take note of +rt!
1A/, I;;, which basicall states the number of signature reIuired!
1? In a province or cit C at least 10R of the registered voters therein, with each legislative district represented b
at least @ R of the registered voters therein!
2? In a municipalit C at least 10R of registered voters therein, with each baranga represented b at least @R of
registered voters therein!
@? In a baranga C 10R of registered voters therein!
#. Gar-ia /. COMELEC )09 SCRA )92
Fa-,s: &he #angguniang Baan B#B? ng Morong, Bataan passed ;esolution 0o! 10 wherein agreed to the
inclusion of the municipalit of Morong as part of the #ubic #pecial <conomic 9one in accordance with ;+ =22=
<nriIue ,arcia Bwho-s this guP )is name keeps popping out of nowhere? and friends filed a petition with the #B
to annul the said resolution! 6hen their petition went unheeded, ,arcia resorted to the power of initiative under the 8,%
of 1441! &he %"M<8<% however denied the petition for local initiative on the ground that under the 8,% of 1441m the
sub>ect of local initiative refers onl to an ordinance and not a solution! Is the %"M<8<% correctP
Hel(: 0o! and the #% made %"M<8<% pa b dumping tons of legal basis providing that resolutions can also be
the sub>ect of local initiatives thus making the case as written unnecessaril long! #ome reasons are:
1? #ec! @2 of +rticle VI of the %onstitution sas that initiative and referendum is a sstem wherein the people can
directl propose and enact laws or approve or re>ect an act or law! &he word FactG makes it clear that resolutions are also
included initiatives!
2? ;+ 5=@/ defines @ sstem of initiative, one of them being initiative on local legislation which included, among
others, resolution!
@? In the 8,% itself, #ection 12A sas, FInitiatives shall e3tend onl to sub>ects or matters which are within the
legal powers of the #anggunian to enact!G Definitel, the scopes of #anggunian-s powers include resolutions which make
them covered under initiatives!
E. Dis-iplinar. A-,i'n ?Ar,. #)58 IRR@
T+rticle 12A! ,rounds for Disciplinar +ction!
a? +n elective local official ma be censured, reprimanded, suspended or removed from office after due notice
and hearing on the following grounds:
1? Disloalt to the republic of the $hilippines!
2? %ulpable violation of the %onstitution!
@? Dishonest, oppression, misconduct in office, gross negligence or dereliction of dut!
A? %ommission of an offense including moral amplitude or an offense punishable b at least prison
maor which is from 5 ears and 1 da to 12 ears imprisonment!
/? +buse +uthorit
5? Dnauthori*ed absence of 1/ consecutive working das, in the case of the local chief e3ecutive and A
consecutive sessions in the case of members of the sanggunian panlalawigan, sanggunian panlungsod, sangguniang
baan and sangguniang baranga!
=? +pplication for, or acIuisition of, foreign citi*enship or residence or the status of an immigrant of
another countr2 and
.? such other grounds as ma be provided b the %ode, ;+ 5=1@, ;+% of 14.=, ;$% and all other
applicable general and special laws!
b? +n elective local official ma be removed from office on the grounds enumerated in paragraph a, of this article
b order of the proper court, or the disciplinar authorit whichever first acIuires >urisdiction to the e3clusion if the other!
#. Gr'$n(s *'r S$spensi'n an( Re!'/al ?Se-. 348 LGC@
T#ec! 50 ,rounds for disciplinar action! B#ame as +rticle 12A, I;; above?!
#. Espiri,$ /. Mel7ar )43 SCRA )13
Fa-,s: + certain ;amir ,aring filed a complaint against Maor 0elson Melgar of 0au>an, "riental Mindoro,
charging him with grave misconduct, abuse of authorit, oppression, culpable violation if the %onstitution Bno kidding,
,aring practicall threw the revised penal code at him?! ,aring claimed the maor punched and kick him willfull
unlawfull and feloniousl Bou know, the usual FI-m innocent, believe meG wa of introducing a complaint? while the latter
was delivering a public speech! +fter evaluating the complaint, ,overnor Ben>amin <spiritu had the maor preventivel
suspended for 50 das! Dpon petition b the maor, the ;&% of "riental Mindoro issued a writ of preliminar in>unction
preventing the governor-s order of suspension! 6as the in>unction properP
Hel(: 0o, ;easons:
1? &he provincial governor of "riental Mindoro is authori*ed b the law to preventivel suspend the municipal
maor of 0au>an at antime after the issues had been >oined and an of the following grounds were shown to e3ist:
a! 6hen there is reasonable ground to believe that the respondent has committed the act or acts
complained of!
b! 6hen the evidence of the culpabilit is strong!
c! 6hen the gravit of the offense so warrants2 or
d! 6hen the continuance in office of the respondent could influences the witnesses or pose a threat to
the safet and integrit if the records and other evidence! B8,% of 1.4@?!
2? +s a general rule, the office or bod that is invested with the power of removal or suspension should be the
sole >udge of the necessit and the sufficienc of the cause! #o, unless a flagrant abuse of the e3ercise of that power is
shown, public polic and a becoming regard for the principle of separations of powers demand that the action of said
officer or bod should be left undisturbed!
). Lla!as /. Or"'s )4) SCRA <55
Fa-,s: Mariano Dn "campo III was the incumbent governor of the province of &arlac in 14.4! he was charged b
the vise governor ;odolfo 8lamas of violating ;+ @014, the +nti(,raft and %orrupt $ractices +ct #pecificall, he was
charged with e3ecuting a loan agreement with a non(stock and a non(profit organi*ation headed b the governor himself
as chairman wherein said agreement was grossl inimical to the interest of the $rovincial ,overnment Bbecause the loan,
among others, did not provide for interest and securit?! &he Department of 8ocal ,overnment #ecretar "scar "rbos,
after reviewing the governor-s case, slapped a 40 das suspension Bnot preventive suspension? on the hapless governor!
&hereafter, the vise governor took over as acting governor!
&he governor filed a motion for reconsideration! )owever the D8, secretar, in the spirit of %hristmas perhaps,
filed a resolution granting e3ecutive clemenc to the governor b reducing his sentence to that portion had alread served!
&he vise governors now Iuestion the legalit of issuing e3ecutive clemenc or pardon to the administrative case
when the same should appl onl to criminal cases!
Hel(: 8lamas is incorrect! &he 14.= %onstitution makes no distinction as to criminal or administrative cases! &he
phrase Fafter conviction of final >udgmentG does not make e3plicit reference to criminal cases fact, the %onstitution does
not allow pardon in impeachment cases! &hat the %onstitution does not make a same e3emption to the administrative
cases shows that e3ecutive clemenc can be granted in administrative cases!
#ection A@ of $D .0= also recogni*es e3ecutive clemenc in administrative cases Fin meritorious case b
commutation or removalG
$adilla-s Dissent: the spirit and intent of pardons is to afford relief from the enforcement of the criminal which
imposes penalt and which appears undul harsh! &o grant pardons to release private obligations prevent or destro civil
rights is plain abuse!
0. A7$inal(' /. San,'s )#) SCRA 93<
Fa-,s: ;odolfo +guinaldo was elected governor of %agaan in 14..! &wo ears later, after due no hearing, the
Department of 8ocal ,overnment #ecretar 8uis #antos found +guinaldo-s guilt of disloalt to the ;epublic and of
culpable violation of the %onstitution! #antos ordered +guinaldo-s removal from of $ending criminal charges of disloalt
to the republic, under +rt! 1@=, ;$% were also lodged against him:
+guinaldo Iuestioned the legalit of his removal with the #%! In the meantime, +guinaldo filed certificate of
candidac for governor again! @ disIualification cases were filed against him on the ground he was removed from office!
#till, he was allowed to run and won a landslide victor!
Hel(: #ince +guinaldo was re(elected as governor, the pending administration case against regarding his removal
from office was rendered moot and academic! &he reason is that the electorate clearl forgiven him for the administrative
misconduct he committed during the last term! &his is the rule along with the theor that each term is separate from other
terms, and that the reelection to office operates as a condonation of the officer-s misconduct to the e3tent of cutting of the
right to remove him therefore!
&he foregoing rule, however, finds no application to criminal cases pending against petitioner for acts he ma
have committed during the failed coup!
0"&<: Dnder the Iualified agenc doctrine, alter egos of the $resident have the power to discipline, suspend or
remove elective officials under the grounds provided b law!
5. Y$l' /. CSC )#2 SCRA 594
Fa-,s: Back in 0ovember 2A, 14.5, "fficer(In(%harged +polonio <lasigue of the municipalit of %alamba, 8aguna
terminated the services of &eofilio Mamplata and A@ other emploees of said municipalit! &he basis municipalit for the
termination was reorgani*ation and the approval of a new starting pattern!
+t first, the later(+genc ;eview %ommittee created under the 'reedom %onstitution reviewed the case of the
said emploees!
&he Merits #stem $rotection Board BM#'B? of the %#% handled the case of the A@ emploees! $ending the
disposition of the case however, <lasigue last in the maoralt race to 7esus Miguel Qulo!
Qulo was >ust as unsmpathetic as <lasigue regarding the plight of the dismissed emploees! )owever, the M#'B
found no sufficient evidence to prove the guilt of the dismissed emploees Bthe charges against them were FIuestionable
integritG as insinuated b Qulo? and ordered the reinstatement of some 2. of them Bwhich was reduced further to 21 due
to the death andKor reemploment of some of them? and pament of their back wages! &he %#% affirmed the M#'B-s
decision!
Qulo now tried a different tack: that the termination of emploment of the said emploees was >ustified under a
transitor provision of the 'reedom %onstitution which states, F+ll elective and appointive officials under the 14=@
%onstitution shall continue to office until otherwise provided b the proclamation or e3ecutive order or upon the
designation or appointment and Iualification of their successors, if such appointment is made within the period of 1 ear
from 'ebruar 2/, 14.5!G
Hel(: &he argument is devoid of merit! "n his narration of facts, Qulo himself admitted that private respondent-s
services were terminated pursuant to the reorgani*ation and approval of the new staffing pattern of %alamba on
0ovember @, 14.5! Qulo-s argument to the effect that respondents were separated from the service b virtue of the
'reedom %onstitution or <3ecutive "rder 0o! 1= is palpabl an afterthought! It ma be reiterated here that the main
reason wh the then inter(+genc ;eview %ommittee refused to take cogni*ance of the instant case was because
Mamplata et al were not removed pursuant to <3ecutive "rder 0o! 1=, such declaration b the said %ommittee destros
whatever argument Qulo tried to build using the 'reedom %onstitution as a basis!
More importantl, it is undeniable that private respondent-s emploment with the municipalit was a lawfull
terminated! "n this score alone, the dismissed emploees ought to and must be reinstated! Illegal removal of career civil
service emploees in violation of their %onstitutional right to securit of tenure will not be condoned under the guise of
reorgani*ation!
1. Gre7' /. COMELEC )95 SCRA 53#
Fa-,s: Back in "ctober @1, 14.1, )umberto Basco was removed from his position as Deput #heriff b the #%
itself after a finding of serious misconduct in an administrative case filed against him! &he dispositive portion of the
decision is important in this case so its given special mention: F6herefore, finding the respondent Deput #heriff
)umberto Basco of the %it %ourt of Manila guilt of all retirement benefits and with pre>udice to reinstatement to an
position in the national or local government, including its agencies and instrumentalities or government(owned or
controlled corporations!G
But this gu doesn-t give up in the face of adversit! )e ran for councilor @ times C in 14.., 1442 and 144/ C in
the %it of Manila and won each time! )is second and third campaigns as councilor was however mired b disIualification
lawsuits from left and right as his sins from 14.1 came back to haunt him!
$articularl, his third campaign for councilor ran into some serious legal obstacle! "ne of them come from #ec!
A0Bb? of the 8,% of 1441 which states that persons running for an elective office are disIualified if the were previousl
removed from office as a result if an administrative case! +nother was that his proclamation as councilor for the third time
was allegedl void because his disIualification case was still pending! 8astl, it seemed that the #% decision from 14.1
forever barred him from seeking public office! 6ill )umberto F8uckG Basco overcome the odds and winP
Hel(: Qes, ;easons:
1? &he 8,% of 1441 cannot be applied retroactivel, since no provision allows for it! Basco misgivings happened
wa back in 14.1 long before the inception of the 8,%!
2? &he suspension of the proclamation of a winning candidate on the ground of a pending disIualification case
lies within the discretion of the %"M<8<% according to its evaluation of the evidence B#ection 5, ;+ 55A5?! &he findings
of facts and conclusions of the %"M<8<%, absence of a showing of grave, abuse of discretion, must be generall
respected and even given finalit! Besides, absent and an determination of irregularit in the election returns, it is a
mandator ministerial dut of the Board of %anvassers to count the votes and declare the result!
@? &he 14.1 #% decision uses the word FreinstatementG Bsee above?! ;ules and regulations issued b the %ivil
#ervice %ommission defined reinstatement as the reappointment of a person who was previousl separated from the
service 3 3 3! "bviousl, Basco is not seeking to get reappointed but to get elected and re(elected! )e is not therefore
barred from seeking public office!
). Pr'-e($re ?Se-. <58 LGC@
T#ec! .A! +dministrative discipline! Investigation and ad>udication of administrative complaints against appointive
local officials and emploees as well as their suspension and removal shall be in accordance in the civil service law and
rules and order pertinent laws! &e result of such administrative investigations shall be reported to the %#%!
0. Pre/en,i/e S$spensi'n ?Se-,i'n 30-358 <1-<98 LGC8 Ar,. #)98 IRR@ Rea( als' se-,i'n 5)8 PD <49
?n'& Se-. 1)8 RAC '* #2<9@
T#ection 5@! $reventive #uspension!
a? $reventive #uspension ma be imposed:
1? B the president, if the respondent Is an elective official of a province, highl urbani*ed or independent
component cit!
2? B the governor, if the respondent is an elective official of a component cit or municipalit!
@? B the maor, if the respondent is an elective official of a baranga!
b? preventive suspension ma be imposed at an time after the issues are >oined, when the evidence of guilt is
strong, and given the gravit of the offense, there is great probabilit that the continuance in the office of the respondent
could influence the witnesses or pose a threat to the safet and integrit of the records and other evidence: provided, that
an single preventive suspension of local elective officials shall not e3tend beond 50 das: provided further, that in the
event that several administrative cases are filed against and elective official, he cannot be preventivel suspended for
more than 40 das within the single ear on the same ground or grounds e3isting and known at the time of the first
suspension!
c? Dpon e3piration of the preventive suspension, the suspended elected official shall be deemed reinstated in
office without pre>udice to the continuation of the proceedings against him, which shall be terminated within 120 das from
the time he as formall notified of the case against him! )owever, if the dela in the proceedings of the case is due to his
fault, neglect, or reIuest, other than the appeal dul filed, the duration of such dela shall not be counted in computing the
time of termination of the case!
d? +n abuse of the e3ercise of the power of preventive suspension shall be penali*ed as abuse of authorit!
T#ec! 5A! #alar of respondent pending suspension! &he respondent official preventivel suspended from office
shall receive salar or compensation including such emoluments accruing during such suspension!
T#ec! ./! $reventive suspension of appointive local officials and emploees!
a? the local chief e3ecutives ma preventivel suspend for a period not e3ceeding 50 das an subordinate official
or emploee under his authorit pending investigation if the charged against such officials or emploee involves
dishonest, oppression or grave misconduct or neglect in the performance of dut, or if there is reason to believe that the
respondent is guilt of the charges which would warrant his removal from the service!
b? Dpon e3piration of the preventive suspension, the suspended official or emploee shall be automaticall
reinstated in office without pre>udice to the continuation of the administrative proceedings against him until its termination!
If the dela in the proceeding of the case is due to the fault, negligence or reIuest of the respondent, the time of the dela
shall not be counted in the computing of the period of the suspension herein provided!
T#ec!.5! +dministrative investigation! In an 8,D, administrative investigation ma be conducted b a person or
committee dul authori*ed b the local chief e3ecutive! #aid person or emploee shall conduct hearings on the cases
brought against appointive local officials and emploees and submit their findings and recommendations in the local chief
e3ecutive concerned within 1/ das from the conclusion of the hearings! &he administrative cases herein mentioned shall
be decided within 40 das from the time the respondent is formall notified b the charges!
T#ec! .=! Disciplinar charges! <3cept other wise provided b the law, the local chide e3ecutive ma impose the
penalt of removal from service, demotion in tank, suspension for not more than 1 ear without an fine in an amount not
e3ceeding 5 months salar, of reprimand and other wise disciplined subordinate officials and emploees under his
>urisdiction! If the penalt imposed is suspension without pa for not more than @0 das, the decision shall be appealable
to the %#%, which shall decide the case within @0 das from receipt thereof!
T+rticle 12=, I;;! <3actl the same as #ec! 5@, 8,%
T#ec /2, ;+% of 14.=! 8ifting of preventive suspension pending administrative investigation BBook V, #ubtitle +
on %#%, chapter 5?! 6hen the administrative case against the officer or emploee under preventive suspension is not
finall decided b the disciplining authorit within the period of 40 das after the date of suspension of the respondent who
is not a presidential appointee, the respondent shall be automaticall reinstated in the service: provided, that when the
dela in disposition of the case is due to the fault, negligent or the petition of the respondent, the period of dela shall not
be counted in computing the period of suspension herein provided!
1inds of preventive suspension Bwith regards to civil service emploees who are charged with offense punishable
with suspension or removal? Brevised administrative code of 14.=?
1? $reventive suspension, pending investigation!
2? $reventive suspension pending appeal, if the penalt imposed b the disciplining authorit suspension
or dismissal!
I. Gar-ia /. M'Ii-a 0#5 SCRA )49
Fa-,s: "n Ma =, 14.., %ebu cit maor +lvin ,arcia signed a contract with '!<! 9uellig for the suppl of asphalt
to the cit, A das later national elections were held and Maor ,arcia won reelection contract, in the other hand, took
effect on #eptember 144.!
"n march, 1444, news reports came out that the said purchase of asphalt was anomalous investigation but the
special prosecution officer of the office of the "mbudsman revealed that B1? the contract for suppl of asphalt to %ebu cit
was designed to favor '!<! 9uellig, B2? the amount Iuoted on the contract was too e3pensive compared for the amount for
which asphalt ma be bought from local suppliers such as #hell and $etron, particularl considering that the amount was
fi3ed in dollars and was paable in pesos, thus e3posing the cit government to the risk attendance to a fluctuating
e3change rate, and B@? the interest of the cit under the administrative cases be filed against Mao ,arcia!
&he deput "mbudsman handled ,arcia-s case and recommended 5 moths preventive suspension against the
latter C the ma3imum imposable under ;+ 5==0, the "mbudsman 8aw! ,arcia now raises the following issues:
1! 6hat is the effect of the reelection of the petitioner on the investigation of acts done before his reelectionP Did
the "mbudsman for Visaas gravel abuse his discretion in conducting the investigation of petitioner and ordering his
preventive suspensionP
2! +ssuming that the ombudsman properl took cogni*ance of the case, what law should appl to the investigation
being conducted b him, the 8,% ;!+ =150 of the ombudsman law B;!+ 5==0?P 6as the procedure in the law properl
observedP
@! +ssuming further that the ombudsman has >urisdiction, is the preventive suspension of the petitioner based on
Fstrong evidenceG as reIuired b lawP
Hel(: &he answers are:
1! ,arcia cannot anmore be held administrativel liable for an act committed during a previous term! &he
meeting of minds to the contract, especiall with regards to the stipulation deemed pre>udicial to the cit has alread
occurred during the maor-s previous term! It hardl matters that the benefits of the contract are to be delivered during
,arcia-s current term!
)owever, the ombudsman did not commit the grave abuse of discretion! It was ,arcia-s misfortune that the office
of the ombudsman, as empowered b the constitution, decided to investigate his case on its own initiative B+rticle MI, #ec!
1@ 14.= %onstitution?! &he ombudsman derives his authorit to assume >urisdiction over ,arcia-s case under the
constitution and ;+ 55=0, the ombudsman law! +nd the power of the ombudsman to preventivel suspend an official
sub>ect to its administrative investigation is e3pressl provided b ;+ 55=0 as well!
2! <ither law can appl to ,arcia-s case but since the ombudsman decided, its own initiative, to investigate
,arcia, ;+ 55=0 must prevail! &here is no violation of the 8,% of 1441 because ;+ 55=0 is a special law distinct from
that of the 8,% and therefore, administrative complaints filed under ;+ 55=0 must be treated under its provisions and not
with that of the 8,%!
@! &he news reports describing in detail ,arcia-s misdeeds constituted strong evidence to preventivel suspend
,arcia! )owever, the actual documentar evidence was obtained after the maor had alread been preventivel
suspended! %onsidering that the purpose of preventing suspension is to enable the investigating authorit to gather
documents without intervention from petitioner, it can now be said that the purpose in preventivel suspending ,arcia has
alread been achieved since actual documentar evidence has alread been discovered! &he order preventivel
suspending ,arcia is deemed too harsh and should be shortened to the period he has alread served!
0"&<: duration of preventive suspension under the following laws:
1? 8,% of 1441 C ma3imum of 50 das
2? ;+ 55=0 B"mbudsman 8aw? C ma3imum of 5 moths
@? ;+ @014 B+nti(,raft and %orrupt $ractices +ct? C ma3imum of 40 das!
&he 8,% of 1441 applies to elective officials and emploees but, of applicable, a special law independent and
distinct from the 8,% can be applied to them instead! &he 14.= ;evised +dministrative %ode applies to appointive
officials and emploees!
). G'n=a7a /. San(i7an"a.an )4# SCRA 5#9
Fa-,s: %ora*on ,on*aga, a public school principal of Malabon Municipal )igh #chool, was charged with
malversation of public funds before the #andiganbaan! &he #andiganbaan preventivel suspended ,on*aga under ;+
@014, but her suspension was decreed as indefinite!
Hel(: $reventive suspension of indefinite duration is re>ected b the %onstitution as it raises, at the ver least,
Iuestions of denial of due process and eIual protection of the law, in other words, preventive suspension is >ustifiable for
as long as its continuance is for a reasonable length of time, secondl, preventive suspension is not a penalt, a person
under preventive suspension, especiall in a criminal action, remains entitled to the %onstitutional presumption of
innocence as his culpabilit must still be established, thirdl, the rule is that ever law has in its favor the presumption of
validit, and that to declare a law unconstitutional, the basis for such a declaration must be clearl established!
&he rule is that a person charged under ;+@014 or $D .0= serve a ma3imum of 40 das preventive suspension
onl!
0. Gar-ia /. CA 043 SCRA )<9
Fa-,s: this area is an offshoot from the 1441 case of Manila $ublic #chool &eachers v! 8aguio! In that case, man
teachers were fired because of their participation in a strike which was declared b the #% to be illegal! )owever, 0icanor
Margallo and @ other teachers were able to survive the carnage of dismissals! &hese survivors however, although the are
not participating in the strike, did not report during the same!
&he D<%# secretar preventivel suspended the survivors for 40 das! 8ater in the were found guilt as charged
and their penalties ranged from dismissal to 5 moths suspension! &he survivors appealed with the Merit #stem and
$rotection Board BM#$B? and later on, with the %#%, and managed to get lighter penalties of reprimands instead Bin effect
the were e3onerated of the graver charges filed against them?!
&he survivors now want to obtain the salaries during the period for which the were preventivel suspended!
#ince the were also preventivel suspended pending appeal of their cases and were later declared e3onerated, the
claim to be entitled to back salaries for that period of time as well! #hould theP
Hel(: &he survivors are not entitled to back salaries for the period the were preventivel suspended pending
investigation! )owever, the are entitled to back salaries for the period the were preventivel suspended pending appeal!
;easons:
1? +ctuall, it is possible to obtain one-s back salaries for the period she was preventivel suspended pending
investigation! )owever, 2 reIuisites must concur to make this possible:
a? &he emploee must be found innocent of the charges which cause his suspension2 and
b? &he suspension is un>ustified!
)ere, the second element is lacking, the reason being that the preventive suspension of civil service emploees
charge with dishonest, oppression or grave misconduct, or neglect of dut is authori*ed b the %#%! It cannot, therefore,
be considered Fun>ustified,G even if later the charges are dismissed so as to >ustif the pament of salaries to the
emploee concerned! It is one of those sacrifices which holding the public office reIuires for the public good! 'or this
reason, it is limited to 40 das unless the dela in the conclusion of the investigation is due to the emploee concerned!
+fter that period, even if the investigation is finished, the law provides that the emploee shall be automaticall reinstated!
2? +n emploee is entitled to back salaries during the preventive suspension pending appeal! It must be
remembered that preventive suspension pending investigation is not a penalt but onl a means of enabling the
disciplining authorit to conduct an unhampered investigation! "n the other hand, preventive suspension pending appeal
is actuall punitive although it is in effect subseIuentl considered illegal if respondent is e3onerated and the
administrative decision finding him guilt is reversed! )ence, he should be reinstated with full pa for the period of the
suspension!
&hus, # A= BA? BBook V, %hapter 5, ;+% 14.=? states that respondent shall be considered as under preventive
suspension during the pungenc of the appeal in the event he wins! "n the other hand, if his conviction is affirmed, if he is
not e3onerated, the period of his suspension becomes part of the final penalt of suspension or dismissal!
It is precisel because the respondents are penali*ed before his sentence is confirmed that he should be paid as
salaries in the event he is e3onerated! It would be un>ust to deprive him of his pa as the result of the immediate e3ecution
of the decision against him and continue to do so even after it is shown that he is innocent of the charges for which he
was suspended! Indeed to sustain the government-s theor would be to make the administrative decision not onl
e3ecutor but final e3ecutor! &he fact is that #!A= B2? and BA? are similar to the e3ecution of >udgment pending appeal under
;ule @4, #!/ of the ;ules of %ourt ;ule @4 #!/ provides that in the event the e3ecuted >udgment is reversed, there shall
be restitution or reparation of damages of eIuit and >ustice ma reIuire!
5. Ri7, '* ,e Resp'n(en, ?Ar,. #)28 IRR@
T+rt! 124! ;ight of respondent, I;;! &he respondent shall be accorded full opportunit to appear and defend
himself in person or b counsel, to confront and cross(e3amine the witnesses against him, and to reIuire the attendance
of witnesses and the production of documentar evidence in his favor thru the compulsor process of subpoena or
subpoena duce-s locum!
/! +dministrative Investigation and +ppeals B+rt! 1@1, I;;?
T+rt! 1@0! Investigation and decision!
a? &he investigation of the case shall be terminated within 40 das from the start thereof! Dnreasonable failure to
complete the investigation after same period of 40 das b the person or persons assigned to investigate shall be a
ground for disciplinar action!
b? 6ithin @0 das after the end of the investigation, the "ffice of the president or the #anggunian concerned shall
render a decision stating clearl and distinctl the facts and reasons for such decisions! %opies of decision shall be
immediatel furnished the respondent and all interested parties! In case of failure of the #anggunian concerned to render
a decision on the resolution recommended on the investigation within @0 das after the end of the investigation, the
recommended resolution shall be considered the decision!
c? &he penalt of suspension shall not e3ceed the une3pired term of the respondent or a period of 5 months for
ever administrative offense, nor shall said penalt be a bar to the candidac of the respondent so suspended as long as
he meets the Iualifications reIuired for the office!
d? &he penalt of removal from office shall be considered a bar to the candidac of the respondent for an elective
position!
T+rt! 1@1! +dministrative appeals, I;;! Decisions in administrative cases ma, within @0 das from receipt thereof,
ma be appealed to the following:
1? &he #angguniang $anlalawigan, in the case of decisions of the #angguniang $anlungsod of
component cities and the #angguniang baan, and
2? &he office of the president, in case of decisions of #angguniang $anlalawigan, #angguniang
$anlungsod of highl urbani*ed cities and independent component cities, and the sangguniang baan of municipalities
within MM+!
Decisions of the office of the president shall be final e3ecutor!
#. 6's'n /. T'nes )24 SCRA #92
Fa-,s: &his is a long boring case! It e3plains in sordid detail what happens during an administrative investigation
+" 2A dated Dec! 1=, 1442 figured prominentl in this case its entiret if ou want to know more about +" 2A Bas if ou
would?
"ne fine morning in #eptember 12, 1445, the #$ of 0ueva <ci>a was about to start their routine session when
,overnor <duardo 7oson barged into their session hall! +rmed goons accompanied the governor! &he governor
threatened the #$ members because the refused to support governor-s plan to obtain a loan of 1/0M from the $0B!
&he #$ members did not take the governor-s threat sitting down! &he filed a complaint with the office of the
president B"$?, charging the governor with the grave misconduct and abuse of authorit!
,overnor 7oson was reIuested to file an answer! Instead, the governor asked for @ e3tensions of @0 das to file
his answer! 6hen @ months pass and 7oson, instead of filing his answer, filed instead Motion to Dismiss, <3ecutive
#ecretar slapped him with a 50 da preventive suspension!
,overnor 7oson then filed a motion to conduct formal investigation as mandated b the 8,% and +" 2@! &he
DI8,, the department investigating his case, denied the governor-s motion! $roceedings before the DI8, thus continued
without the benefit of a formal investigation!
&he case was resolved using position papers submitted b both parties! In its resolution, the DI8, found the
governor guilt as charged and imposed a 5 months suspension without pa on him!
7oson now claims he cannot be denied of his right to a formal investigation granted under +" 21, thus the
resolution finding him guilt should be declared null and void! Is he correctP
Hel(: Qes, re>ection of 7oson-s right to a formal investigation is denial of procedural due process #ec! XX of +" 2@
states that onl the parties to the case have the right to decide whether the desire a formal investigation! +" 2@ does not
give the investigating authorit Bwhich is the DI8, #ecretar b specific mandate of +" 2@? the discretion to determine
whether a formal investigation should be conducted! &he rights of the respondent must be respected B+rt! 124, I;;?!
+nother reason wh 7oson-s right to a formal investigation cannot be denied is because he is an elective official!
&he rules on the removal and suspension of elective local officials are more stringent because the official has onl a
limited term of office! #uspension and removal will shorten this term of office, thus the official must be accorded his rights
under the law in order that the people who elected him into office will not be undul deprived of his services! &he
procedure of reIuiring position papers in lieu of a hearing in administrative cases is e3pressl allowed with respect to
appointive officials but not to those elected!
). L$p' /. A(!inis,ra,i/e A-,i'n B'ar( #24 SCRA 32
Fa-,s: 'ructuso +rroo, the "I%K%D", Message %enter and former %D" of &elecom filed a complaint for
dishonest thru falsification Bmultiple? of official documents against Maria 8upo, who committed said transgression in her
capacit as %hief of $ersonnel if &elecom, ;egion V! the telecom investigator conducted an informal fact(finding inIuir!
)e came out with a memorandum recommending that 8upo be sternl warned and that a repeat of such offense will merit
her graver penalties!
&he #ecretar of the Department of &ransportation and %ommunication however, e3amined the memorandum!
Based on said memorandum, the secretar filed a resolution slipping5 8upo with 1 ear suspension and suspending her
from promotion for a period of 1 ear!
8upo appealed to the %#%! &he %#% thru its Merit #stem Board ordered the case to be remanded back to the
telecom office for further investigation after which the administrative action board B++B? was to hear the merits of the case
thru a trial!
&he ++B however proceeded with the trial of the case without waiting for the investigation to commence!
8upo now complains she was not accorded procedural due process because no formal charge has been filed
against her and that the investigation conducted b the telecom investigation was not a formal investigation but a mere
fact(fact finding inIuir!
Hel(: 8upo is correct! %omplaints against emploees belonging to the %#% sstem is governed b $D .0= sas
that a formal complaint that should first be filed after which the respondent must be given the option to submit her self to a
formal investigation if her answer to the complaint is found to be unsatisfactor! )ere, not onl was 8upo is given a
chance to submit her self to a formal investigation, the D"&% secretar immediatel slapped her with a 1 ear suspension
based onl a mere informal inIuir! +lso, the ++B started hearing her case without the benefit of a formal investigation!
&he cardinal primar rights of due to process in administrative hearings must alwas be observed! 8upo must not
be denied her right to a formal and full blown administrative proceeding!
'! ;ead ;+ 5==0 C the "mbudsman +ct of 14.4
;ead the case of ,arcia v! Mo>ica Bsee p! 54? preferabl in it-s entirel, in order to best see how the
"mbudsman +ct was applied in an actual case
,! 1 ;ead +" 0o! 2@, December 1=, 1442
;ead the case 7oson v! &orres, Bsee p! =1? preferabl in its entirel, in order to best see how +" 2@ was
applied in an actual case!
,! 2 ;ead +" 0o! 121, March 10, 1442
VII. +ATARUNGAN PAMBARANGAY LA:
;ead sections @44 to A20, 8,%! B0ot e: the following information on the 1B8 and the 8eague of 8ocal ,overnment Dnits
were lifted from the $olitical 8aw ;eviewer b 0achura?!
A. Te Baran7a.
#. Cie* O**i-ials an( O**i-ers
a? &here shall be in each baranga a $B2 = #B members, the #1 chairman, a baranga secretar and a
baranga treasurer! &here shall also be in ever baranga a lupong tagapamaapa! &he #B ma from communit
brigades and create such other positions or officers as ma be deemed necessar to carr out the purposes of baranga
government!
1? 'or purposes of the ;$%, the $B, #B members, lupong tagapamaapa in each baranga shall
be deemed as persons in authorit in the >urisdiction, while other baranga officials and members who ma be designated
b law or ordinance and charged with the maintenance of public order, protection and securit of life and propert, or the
maintenance of a desirable and balanced environment, and an baranga member who come to the all of persons
authorit, shall be deemed agents persons in authorit in Milo v! #alonga, 1/2 #%;+ 11@, the baranga chairman is a
public officer who ma be charged with arbitrar detention! In $eople v! Monton B144.?, it was held that the baranga
chairman is entitled to posses and carr firearm within the territorial >urisdiction of the baranga B#ec! ..B@?, B!$! @@=?! )e
ma not be therefore prosecuted for illegal possession of firearms!
). Te Baran7a. Asse!"l.
&here shall be a baranga assembl composed of all person who are actual residents of the baranga for at least
5 months 1/ ears of age over citi*ens of the $hilippines and dul registered in the list of baranga assembl members! It
shall meet at least twice a ear to hear and discuss a semestral report of the #B concerning its activities and finances as
well as problems affecting the baranga!
a@ P'&ers '* ,e "aran7a. asse!"l.. Rea( Se-. 02<8 R.A 9#34
0. +a,ar$n7an7 Pa!"aran7a.
a? 8upong &agapamaapa! &here is here b created in each baranga a 8& composed of the $B as
chairman and 10 to 20 members! &he lupon shall be constituted ever @ ears!
1? $owers of the 8upon Bi? e3ercise administrative supervision over the conciliation panels2 Bii?
meet regularl once a month to provide a forum for e3change of ideas among its members and the members to share with
one another their observations and e3periences in effecting speed resolution of disputes and2 Biii? e3ercise such other
powers and perform such other duties as ma be prescribed b law or ordinance!
b? $angkat ng &agapagkasundo! &here shall constituted for each, dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo, consisting @ members who shall be chosen b the
parties to the dispute from the list of members of the lupon! #hould the parties fail to agree on the pangkat membership,
the same shall be determined b lots drawn b the lupon chairman!
c? #ub>ect matter of amicable settlement2 procedure, conciliation, arbitration, effects of settlement and
arbitration award!
5. San77$nian7 +a"a,aan
a? %reation2 composition! &here shall be ever baranga a #1 to be composed of chairman = members, a
secretar and a treasurer! +n official who during his term of office shall have passed the age of 21 shall be allowed to
serve the remaining position for the term for which he was elected!
1? $owers and functions! ;ead #ec! A25 ;+ =150
b? 1atipunan ng mga 1abataan: #hall be composed of citi*ens of the $hilippines actuall residing in the
baranga for at least 5 months, who are 1/ but not more than 21 ears of age, who are dul registered in the list of the #1
or in the official baranga list in the custod of the baranga secretar! )e shall meet once ever @ months or at the call of
the #1 chairman, or upon written petition of at least 1K20 of its members!
c? $ederason ng mga #1! &here shall be an organi*ation of all the pederason ng mga #1
i? In municipalities, the pambansang pederason
ii? in cities, panlungsod na pederason
iii? In provinces, panlalawigang pederason
iv? In special metropolitan political subdivisions, pangmetropolitang pederason2
v? "n the national level2 pambansang pederason
B! &he Municipalit! ;ead #ec! AA0(AA= ;+ =150
%! &he %it! ;ead #ec! AA.(/A. ;+ =150
D! &he $rovince! ;ead #ec! A/4( A5., ;+ =150
#. U. /. C'n,reras )09 SCRA #39
Fa-,s: 'elicidad D and #usanna +tade got involved in a catfight Bnagsasabunutan? involving a dispute over a
sublease! +tade and her emploee, 6innie 7avier sustained minor in>uries as a result! +tade later filed 2 criminal cases
for minor in>uries against D with the M&%!
D sought to dismiss the 2 criminal cases on the ground that since the complaint involved a crime where the
penalt is at best arresto menor, the same should have been first filed with the 8upong &agapamaapa of the proper
baranga Bwhich should have actuall been 1atarungang Baranga?! &he M&% >udge however denied the motion to
dismiss! 6as the denial properP
Hel(: 0o, D managed to seasonabl file her motion to dismiss based upon a valid ground! #he cannot therefore
be said to have waived her right to avail of the 1B to resolve their dispute!
). Feli=ar(' /. CA )00 SCRA ))4
Fa-,s: 0emesio 7ose as owner(lessor of a house and lot located in Ba>ac(ba>ac, Hue*on %it filed an e>ectment
case against lessee Huintin 'eli*ardo in the M&% of "longapo cit!
'eli*ardo, in his answer, claimed that 7ose-s allegations were false and were onl meant to evade the
reIuirements of $D 1/0. for baranga conciliation! &he M&% ruled that it could act on the complaint field b 7ose and
later on rendered a decision in favor of 7ose! 'eli*ardo thus filed a petition for certiorari Iuestioning the >urisdiction of the
M&%!
Hel(: 6hen M&% ruled that it could act on the complaint for e>ectment filed b the private respondent even
without prior baranga conciliation proceedings, it committed a mere error of >udgment and not of >urisdiction! &he #% has
held in man cases that while the referral of a case to the lupong tagapamaapa is a condition precedent for the filing of a
complaint in court, non(compliance therewith cannot affect the >urisdiction which the court has alread acIuired over the
sub>ect matter and over the person of the defendant!
0. Di$ /. CA )1# SCRA 59)
Fa-,s: $atricia $agba owed spouses Diu a debt worth $=,.52!// incurred in 14..! &he spouses Diu brought the
matter to the baranga chairman for resolution2 however $agba twice failed to appear! &he baranga chairman thus gave
the go signal for Diu-s to file their case with the M&%!
&he M&% ruled in favor of $agba! &he ;&% reversed deciding the case on the merits! &he %+ however ruled once
more for $agba agreeing with the latter that there was no substantial compliance with the procedure outlined in
1atarungang Baranga 8aw because of the failure b the baranga chairman to constitute a pangkat to resolve the
parties- differences!
6as the %+ correct in its contentionP
Hel(: 0o! <ven though there was a failure to constitute a pangkat should the baranga chairman, b himself fail to
resolve the parties differences still is not denied that the parties met the office of the baranga chairman for possible
settlement! &he efforts of the baranga chairman, however proved futile as no agreement was reached! +lthough no
pangkat was formed, the #% believes that there was substantial compliance with the law! 'rom the foregoing facts, it is
undeniable that there was substantial compliance with presidential decree 0o! 1/0. which does not reIuire strict technical
compliance with its procedural reIuirements! Dnder the factual antecedents, it cannot be said that the failure of the parties
to appear before the pangkat caused an pre>udice to the case for private respondents considering that the alread
refused conciliation before the baranga chairman!
&o indulge the $agbas in their stratagem will not onl result in a circuitous procedure but will necessaril entail
undue and further dela in>ustice! &his is inevitable if this court should dismiss the complaint and reIuire the parties to
meet before the pangkat, onl to bring the case all over again through the hierarch of courts and ultimatel back to us for
decision on the merits! "bviousl, this is the game plan of the $agbas! 'or, when the $agbas appealed to respondent
court, the did not at all assail the propriet or correctness of >udgment of the ;&% holding them liable to petitioners for the
sum of mone involved! #uch primar substantive issue, therefore, has been laid to rest, but private respondents would
wish to keep the case alive merel on a con>ured procedural issue invoking their supposed right to confrontation before
the pangkat!
LIGA NG MGA BARANGAY
A. Li7a n7 !7a Baran7a. ( "rgani*ation of all barangas for the primar purpose of determining the
representation of the liga in the sanggunians, and for ventilating, articulating and crstalli*ing issues affecting baranga
government administration and securing, thru proper and legal means, solutions thereto! ;ead #ec! A41(A4/!
B! 8eague of Municipalities! "rgani*ed for the primar purpose of ventilating, articulating and crstalli*ing issues affecting
municipal government administration, and securing, thru proper and legal means, solutions thereto! ;ead #ec! A45(A4.
%! 8eague of %ities! ;ead #ec! A44(/01
D! 8eague of provinces! ;ead #ec! /02(20@
<! 8eague and federation of 8ocal <lective "fficials! ;ead #ec! /0.(/10
I. Galar'sa /. Valen-ia ))9 SCRA 9)<
Fa-,s: Basicall the main issue here is onl how to properl interpret #ection A4A of the 8,% 1441, which sas:
F<3 officio membership in sanggunians! &he dul elected presidents of the liga ng mga baranga at the municipal,
cit and provincial levels, including the component cities and municipalities of metropolitan manila, shall serve as e3(
officio members of the sangguniang baranga, sangguniang panlungsod, sangguniang panlalawigan, respectivel! &he
shall serve as such onl during their term of office as presidents of the liga chapters which in no case shall be beond the
term of office of the #%G
;aul ,alarosa is a president of the 1atipunang Baan of the municipalit of #orsogon! 8ike the 8,% of 1441, the
Bold? 8,% of 14.@ or B$ @@= grants ,alarosa the right to serve as e3(officio member of the sangguniang baan! )owever,
when the new 8,% of 1441 finall took effect, ;odolfo 8asa filed a case against ,alarosa in his capacit as ta3paer
Iuestioning the right of ,alarosa to remain as an e3(officio member of the sangguniang baan! 8asa claimed that the
new 8,% of 1441 provided for the liga ng mga baranga, which, although admittedl was structurall and functionall the
same as katipunan ng mga baranga, nevertheless abolished the katipunan ng mga baranga, thereb a new set of
officers have to be appointed b the $resident of the $hilippines! Is 8asa correctP
Hel(: Qes! &he 8,% of 1441 does not e3plicitl provide that upon his effectivit the katipunan ng mga baranga
under B!$ Blg! @@= automaticall became the liga ng mga baranga under the 8,% and then the president of the +B%
automaticall became the president of the liga whose term as e3(officio member of the first sangguniang baan un the
14.= constitution is coterminous with that of the other regular members if the #B on until @0 7une, 1442 pursuant to
section A4A of the 8,% in relation to section 2 +rticle MVIII of the 14.= constitution 20 and section / of ;+ 0o! 55@5!
absent such e3plicitness and considering B1? that the opening clause of section A41 is e3pressed in the 1441 and B2? that
section A4A speaks of Fdul elected presidents of the ligaG thereb clearl impling as election after the organi*ation of the
liga, the conclusion to be drawn is that the legislature never intended that section A4A would appl to the incumbent
presidents of the katipunang baan!
&here is, however, no law which prohibits ,alarosa from holding over as a member of the sangguniang baan! "n
the contrar, aforementioned I;;, prepared and issued b the "versight %ommittee upon specific mandate of section /@@
of the 8,%, e3pressl recogni*es and grants that hold(over authorit to +B% presidents! &he hold(over rule must be
applied, because to the rule other wise would lead to a vacanc in the office, causing an interruption in the public service!
). AlG$is'la Sr. /. O-'l 050 SCRA )90
Fa-,s: ;amon +rIui*ola won the position of punong baranga of baranga &ubod, Iligan %it! )e then terminated
the services of the baranga treasurer, baranga secretar utilit workers who were appointed under the term of a
previous punong baranga! &he baranga treasurer and his similarl situated friendl friends pointed out that section @.4
of the 8,% reIuires that the approval b a ma>orit of the sangguniang baranga members is needed before the punong
baranga can e3ercise his power of replacing them!
Hel(: It should be noted that the baranga officials who were dismissed are not provided with a definite of office
under the 8,%! &he reason is that the were merel appointed to their posts b punong baranga! )owever, since the
punong baranga who appointed the respondents has alread stepped down from office, the are now at the merc of the
new punong baranga who also possess the power of appointment! &he power of appointment is discretionar and thus
implies that the power to remove is also inherent in the former, since b necessit, the new punong baranga ma choose
to remove the incumbent appointive baranga officials in order to make wa for his choice of new baranga officials!
It would be absurd to give section @.4 an interpretation which would render impotent the power of a newl elected
punong baranga to choose his baranga officials! "nce the punong baranga has alread appointed his choice officials
however, section @.4 should then be applied in the sense that said officials cannot be removed b the punong baranga
who appointed them without the approval of the sanggunian baranga!
VIII. LOCAL SPECIAL BODIES ?ART. #<#-#<<8 IRR@
T+rticle 1.1 names the different local special bodies! &he rest of the articles describe the compositions and functions of
each local special bod! "nl +rticle 1.1 will be reproduced here!
T+rticle 1.1! 8ocal special bodies! &here shall be organi*ed in the 8,D concerned the following local special bodies
Bever 8,D, from the province down, shall have this local special bodies the $8<B however shall be governed b ;+
54=/?
Ba? 8ocal Development %ouncil
Bb? 8ocal $reIualification, Bids and +wards %ommittee
Bc? 8ocal #choll Boards
Bd? 8ocal )ealth Board
Be? 8ocal $eace and "rder %ouncil
Bf? $eople 8aw <nforcement Boards
a? 8D% Bsec! 105, 8,%?! <ach 8,D shall have comprehensive multi(sector development plan to be instituted b
its development council and approved b its sanggunian! 'or the purpose, the development council at the provincial, cit,
municipal or baranga level shall assist the responding sanggunian in setting the direction of economic and social
development, and coordinating development efforts within its territorial >urisdiction!
a.#@ EO 5308 Ma. #98 #22#
( <ntitled F<stablishing the relationship between the ;egional $lanning and Development Board of the
+utonomous ;egional ,overnment Bof Muslim Mindanao? and the national economic and development authorit B0<D+?
boardG
( #ec! 1! &he +;, shall be guided b the snchroni*ed planning, programming and budgeting
sstem B#$$B#? namel: &he Medium C term $hilippine development plan BM&$D$?, the medium term technical
assistance program BM&&+$? and the regional development investment program B;DI$? in its planning, programming,
and budgeting activities!
( #ec! 2! &he regional planning and development board of the autonomous regional government
shall prepare: a? ;egional Development $lan B;D$? consistent with the national development policies, goals, ob>ectives
and priorities embodied in the Medium(&erm $hilippine Development $lan BM&$D$?2 and b? ;egional Development
Investment $rogram B;DI$? and regional technical assistance program which shall be included in the Medium &erm
$ublic Investment $rogram BM&$I$? and the Medium &erm &echnical +ssistance $rogram BM&&+$?!
&he ;D$, ;DI$ and supporting technical assistance programs shall be submitted directl to the
office of the president for review and evaluation of their consistenc with the M&$D$ and the M&$I$KM&&+$!
( #ec! /! &he 8ocal Development %ouncil Bprovincial, citKmunicipal? shall be maintained the
strengthened in order to ensure continuit in the development planning process! &he +;, ma choose to reorgani*e the
8D% through regional legislation!
a. )@ RA 93548 De-e!"er 28 #23)
a? ;+ =5A0, December 4, 1452
b? 8ocal $+B% Bsec! @=, 8,%? C &here shall is hereb created a local preIualification, bids and awards committee
in ever province, cit and municipalit, which shall be primaril responsible for the conduct of preIualification of
contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure pro>ects 3 3 3!
c? 8ocal #chool Boards Bsec! 4., 8,%? C %reation, composition and function! B&he 8#Bs do the following: 1?
determine, in accordance with the criteria set b the D<%#, the annual supplementar needs for the operation and
maintenance of public high schools in the 8,D concerned2 in other words, the annual school budget2 2? authori*e the 8,D
treasurer to disburse funds pursuant to budget2 @? serve as advisor committee on educational matters2 A? recommended
changer in name of public schools within its assigned territorial >urisdiction2 /? act as an consultant on appointment of
division superintendent, district supervisor, school officials, etc!?
c! 1? 8"I 1A52, Ma @1, 14./
<hP
d? 8ocal )ealth Board Bsec! 102, 8,%? C %reation and %omposition! B&he 8)B do the following: 1? %onsistent with
D") rules, propose to sanggunian concerned2 2? serve as advisor committee to sanggunian on local appropriations for
public health purposes2 @? consistent with D") standards, create committees which shall advise local health agencies on
matters such as personnel selection and promotion, etc!
d! 1? sec! 21, <"242
( <ntitled FI0#&I&D&I0, &)< F+DMI0I#&;+&IV< %"D< "' 14.=G
(#ec! 21, %hapter /, #ec! IM on )ealth basicall states that D") shall review and for the establishment,
operation and maintenance of health agencies funded b local governments!
e? 8ocal $eace and "rder %ouncils B#ection 115, 8,%? C Basicall, the local peace and order councils will have
the same composition and functions as prescribed in <" @04! <"04, on the other hand is entitled F;<";,+0I9I0, &)<
$<+%< +0D ";D<; %"D0%I8G
( #ec! 2! ;esponsibilit of the 0ational $eace and "rder %ouncil! &he peace and "rder %ouncil the national
level shall be responsible for the following functions:
a? &o prepare and recommended for the approval of the $resident, proposals, measures, thrusts and
strategies that would effectivel respond to peace and order problems!
b? &o coordinate and monitor peace and order plans, pro>ects and operation of %ivilian Volunteer #elf(
Defense "rgani*ations such as other counter(insurgenc programs and activities!
c? &o perform such other duties and functions as the $resident ma direct!
( #ec! @! Duties and 'unctions of #ub(0ational %ouncils! &he ;egional, $rovincial and %itKMunicipal $eace
and "rder %ouncil shall have the following duties and functions:
a? 'ormulate plans and recommended such measures which will improve or enhance peace and order
and public safet in their respective areas of responsibilit!
b? &o monitor the implementation of peace and order programs pro>ects at the provincial, cit or
municipal levels and the operation of %ivilian Volunteer #elf(Defense "rgani*ations and such as other
counter(insurgenc programs and activities!
c? Make periodic assessments of the prevailing peace and order situation in their respective areas of
responsibilit and submit a report thereon with recommendations to the %hairman of the 0ational $eace and
"rder %ouncil!
d? $erform all other functions assigned b law, the $resident, or the 0ational $eace and "rder %ouncil!
f? Pe'pleNs La& En*'r-e!en, B'ar(
f!1! #ection A@, ;+ 54=/ C #ome features:
( Is created onl b the sangguniang panlungsodKbaan and found onl in cities and
municipalities!
( %omposed of 1 sanggunian member Ban?, 1 baranga captain Ban?, @ respected members of the
communit, at least 1 who is member of the Bar, or if in absence thereof, an college graduate or principal of central
elementar school
( &here must be 1 $8<B for ever municipalit and 1 in ever legislative district of the cit
( $rocedure in $8<B shall be summar in nature
( $8<B decisions are final and e3ecutor
( &he 0ational $olice %ommission shall establish rules regarding the graduated penalties which ma be
imposed b the $8<B!
*.). Fian=a /. PLEB )50 SCRA #31
Fa-,s: #everal policemen filed two separate complaints against two of their superiors with the $eople-s 8aw
<nforcement Board! In the first complaint, the alleged that their transfer from the Baguio %it $olice #tation to other
stations and their being dropped from the rolls wore irregularl and illegall made! &he orders issued b #upt! %amilo #!
Dugaen, apparentl upon the direction of #upt! 'lorencio D! 'ian*a, here petitioner, were, according to respondent
policemen, instigated b or made in retaliation to the raids the conducted on >ueteng operations in Baguio! &he
policemen claim that #upt! Dugaen, their #tation %ommander, twice castigated them for conducting said raids and
ordered the release of the cash and paraphernalia sei*ed, as well as persona accosted, as a conseIuence of the raids!
In the second complaint, the respondent policemen contend that #upt! 7ul %ordovi* was guilt of grave threats
against them in connection with the issue regarding the first case, although #upt! %ordovi* was not under the command of
#upt! 'ian*a!
'ian*a contended, through counsel that cases of this nature are not within the competence and >urisdiction of
public respondent $8<B since it involves an internal organi*ational matter of the $0$!
&he respondent policemen answered, however, that although the are policemen, the do not cease to become
citi*ens of the $hilippines despite the uniform the wear! &he $8<B ruled that the have >urisdiction over the case! &he
0ational $olice %ommission affirmed the $8<B-s stand! +re the $8<B and 0+$"8%"M correctP
Hel(: 0o! 'irst, the complaint is not a citi*en-s complaint because, as defined under the $8<B rules, a citi*en-s
complaint is one filed b a private citi*en against a member of the $0$ for the redress of in>ur, damage or disturbance
cause b the latter-s illegal or irregular acts! #tatutor construction will tell ou that words of a statute are to be given their
plain, literal meaning! 6hile the policemen are indeed citi*ens, that cannot be certainl be said to be private citi*ens in
their ordinar meaning!
#econd, nowhere in the $0$-s enabling act does it grant the $8<B >urisdiction to tr an of the $0$-s members!
8astl, internal disciplinar matters within the $0$ are best solved b the members of the $0$ themselves as
the are the best position to understand the standard of conduct within its organi*ation! It is doubtful that a civilian bod
can better police the ranks of policemen!