General Powers and Attributes of LGU

Matalin Coconut Co. vs Municipal Council of Malabang, Lanao Del Sur, GR No. L-28138,
August 13, 1986

In an action for declaratory relief assailing the validity of a municipal tax ordinance, the
court, in deciding that the ordinance is void, is authorized to require a refund oftaxes paid
there under without the necessity of converting the proceeding into an ordinary action
there having been no alleged violation yet.
A fixed tax denominatd as a police inspection fee of P0.30 per sack of cassava starch
shipped out of the municipality is VOID where it is not for public purpose, just and
uniform because the police do nothing but count the number of cassava sacks shipped
out.
Inspection fee should not be excessive and confiscatory
The power to regulate as an exercise of police power does not include the power
to impose fees for revenue purposes.
Fees for purely regulatory purposes must be no more sufficient to cover the actual cost of
inspection and examination as nearly as the same can be estimated.

Magtajasvs Pryce Properties, Inc, GR No. 111097, July 20, 1994

Tests of a valid ordinance to be valid, it must conform to the following substantive

requirements
o It must not contravene the Constitution or any statute.
o It must not be unfair or oppressive.
o It must not be partial or discriminatory.
o It must not prohibit but regulate trade.
o It must not be unreasonable.
o It must be general and consistent with public policy.
o MNEMONIC: CUP PUG
The rationale of the requirement that the ordinances should not contravene a statute is
obvious as municipal governments are ONLY AGENTS of the national government and
that the delegate cannot be superior to the principal or exercise powers higher than those
of the latter.
Implied repeals it is a familiar rule that implied repeals are not lightly presumed in the
absence of a clear and unmistakable showing of such intention.
A contravention of a law is not necessarily a contravention of the constitution.

Tatelvs Municipality of Virac, GR No. 40243, March 11, 1992

Municipal corporations are agencies of the State for the promotion and maintenance of
local self-government and as such are endowed with police power in order to effectively
accomplish and carry out the declared objects of their creation.
Role of a local agency unit and tests of a valid ordinance was discussed here as well.

City of Cebu vs CA, GR No. 109173, July 5, 1996

A Local Government Unit may, through its Chief Executive and acting pursuant to an
ordinance, exercise the power of eminent domain x xx provided, however, that the power
of eminent domain may not be exercised unless a valid and efinite offer has been
previously made to the owner and as such offer was not accepted.
RA 7160, Section 19. Eminent Domain
o General Rule: Upon payment of just compensation
o Provided, however a valid and definite offer has been made previously to the
owner.
o Provided, further LGU may immediately take possession of the property upon
filing of the expropriation proceedings AND upon making a deposity with the
propert court of at least 15% of the fair market value of the property to be
expropriated.
o Provided, finally Such amount shall be determined by the proper court, based on
the fair market value at the time of the taking of the property.

DacanayvsAsistio, Jr., 208 SCRA 404

The right of the public to use the city streets may not be bargained away through a
contract.
Executive Order may not infringe upon vested right of the public to use city streets for
the purpose they were intended to serve.

Macasiano vs. Diokno, Gr No. 97764, August 10, 1992

Properties of the local government which are devoted to public service are deemed public
and are under the absolute control of Congress.
Properties of public dominion devoted to public use and made available to the public in
general are outside the commerce of men and cannot be disposed of or leased by the LGU
to private persons.
Roads and streets which are available to the public in general and ordinarily used for
vehicular traffic are still considered public property devoted to public use.

Erwin Javellanavs DILG, GR No. 102549

Court accords great respect to the decisions and/or actions of administrative authorities.
Why? Because it is presumed that they are knowledgeable and expertise in the
enforcement of laws and regulations entrusted to their jurisdiction.
It is prohibited for a government official to engage in private practice of his profession IF
such practice would represent interests adverse to the government.

Metropolitan Manila Development Authority (MMDA) vs. Bel-Air Village Association, Inc. 328
SCRA 836

Police power is an inherent attribute of sovereignty.

Police power is lodged primarily in Congress which may delegate the power to the
President and administrative boards as well as the lawmaking bodies of
municipal corporations or LGU.
Local government is a political subdivision of a nation or state which is constituted by
law and has substantial control of local affairs.
Police power is delegated to LGU. This delegation is known as the general welfare
clause.
LGUs exercise police power through their respective legislative bodies.
o SangguniangPanlalawigan -> Provincial government
o SangguniangPanlungsod -> City government
o Sangguniang Bayan -> Municipal government
o Sangguniang Barangay -> Barangay
o Above legislative bodies has the power to enact ordinances, approve resolutions
and appropriate funds for the general welfare of their jurisdiction and its
inhabitants and in the proper exercise of corporate powers of the same.
Nothing was found in RA 7924 which grants the MMDA police power, let alone
legislative power.
MMDA is not a political unit of government unlike with Metro Manila Council which
has the power to promulgate administrative rules and regulations in the implementation
of MMDAs functions.
MMDA is not a LGU or public corporation endowed with legislative power. It is not
even a special metropolitan political subdivision as contemplated in Constitution, Sec
11, Art X.
o The creation of special metropolitan political subdivision requires the approval by
a majority of the votes cast in a plebiscite in political units directly affected.
o The Chairman of MMDS is not even an official elected by the people, but
appointed by the President with rank and privileges of a cabinet member.
o Unlike MMC, MMDA has no power to enact ordinances for the welfare of the
community.

LinavsDizonPano (GR 129093) This statute remains valid today. While lotto is clearly a game
of chance, the national government deems it wise and proper to permit it. Hence,
the SangguniangPanlalawigan of Laguna, a local government unit, cannot issue a resolution or
an ordinance that would seek to prohibit permits. Stated otherwise, what the national
legislature expressly allows by law, such as lotto, a provincial board may not disallow by
ordinance or resolution.
In our system of government, the power of local government units to legislate and enact
ordinances and resolutions is merely a delegated power coming from Congress.
Chus, Sr. vsBenilda Estate Corporation A cause of action is defined as an act or omission by
which a party violates a right of another.6 The test of the sufficiency of the facts found in a
petition as constituting a cause of action is whether or not, admitting the facts alleged, the court
can render a valid judgment upon the same in accordance with the prayer thereof.7

Alvarez vsGuingona In this regard, we hold that petitioners asseverations are untenable
because Internal Revenue Allotments form part of the income of Local Government Units.
It is true that for a municipality to be converted into a component city, it must, among others,
have an average annual income of at least Twenty Million Pesos for the last two (2) consecutive
years based on 1991 constant prices.1 Such income must be duly certified by the Department of
Finance.2
Resolution of the controversy regarding compliance by the Municipality of Santiago with the
aforecited income requirement hinges on a correlative and contextual explication of the meaning
of internal revenue allotments (IRAs) vis-a-vis the notion of income of a local government unit
and the principles of local autonomy and decentralization underlying the institutionalization and
intensified empowerment of the local government system.
A LocalGovernment Unit is a political subdivision of the State which is constituted by law
and possessed of substantial control over its own affairs.3Remaining to be an intra sovereign
subdivision of one sovereign nation, but not intended, however, to be an imperium in
imperio,4 the local government unit is autonomous in the sense that it is given more powers,
authority, responsibilities and resources.5 Power which used to be highly centralized in Manila, is
thereby deconcentrated, enabling especially the peripheral local government units to develop not
only at their own pace and discretion but also with their oWn resources and assets.6
The practical side to development through a decentralized local government system certainly
concerns the matter of financial resources. With its broadened powers and increased
responsibilities, a local government unit must now operate on a much wider scale. More
extensive operations, in turn, entail more expenses. Understandably, the vesting of duty,
responsibility and accountability in every local government unit is accompanied with a provision
for reasonably adequate resources to discharge its powers and effectively carry out its
functions.7 Availment of such resources is effectuated through the vesting in every local
government unit of (1) the right to create and broaden its own source of revenue; (2) the right to
be allocated a just share in national taxes, such share being in the form of internal revenue
allotments (IRAs); and (3) the right to be given its equitable share in the proceeds of the
utilization and development of the national wealth, if any, within its territorial boundaries.8.
Cordillera Broad Coalition vs CA (GR 79956) the CAR is not a public corporation or a
territorial and political subdivision. It does not have a separate juridical personality, unlike
provinces, cities and municipalities. Neither is it vested with the powers that are normally
granted to public corporations, e.g. the power to sue and be sued, the power to own and dispose
of property, the power to create its own sources of revenue, etc. As stated earlier, the CAR was
created primarily to coordinate the planning and implementation of programs and services in the
covered areas.
It must be clarified that the constitutional guarantee of local autonomy in the Constitution [Art.
X, sec. 2] refers to the administrative autonomy of local government units or, cast in more
technical language, the decentralization of government authority

Batangas CATV Incvs CA (GR 138810) Under cover of the General Welfare Clause as
provided in this section, Local Government Units can perform just about any power that will
benefit their constituencies. Thus, local government units can exercise powers that
are: (1) expressly granted; (2) necessarily implied from the power that is expressly
granted; (3) necessary, appropriate or incidental for its efficient and effective governance;
and (4) essential to the promotion of the general welfare of their inhabitants. (Pimentel, The
Local Government Code of 1991, p. 46)
The grant of regulatory power to the NTC is easily understandable. CATV system is not a
mere local concern. The complexities that characterize this new technology demand that it be
regulated by a specialized agency. This is particularly true in the area of rate-fixing. Rate fixing
involves a series of technical operations. Consequently, on the hands of the regulatory body lies
the ample discretion in the choice of such rational processes as might be appropriate to the
solution of its highly complicated and technical problems. Considering that the CATV industry
is so technical a field, we believe that the NTC, a specialized agency, is in a better position than
the LGU, to regulate it.
Speaking for the Court in the leading case of United States vs. Abendan, Justice Moreland said:
An ordinance enacted by virtue of the general welfare clause is valid, unless it contravenes the
fundamental law of the Philippine Islands, or an Act of the Philippine Legislature, or unless it is
against public policy, or is unreasonable, oppressive, partial, discriminating, or in derogation of
common right. In De la Cruz vs. Paraz, we laid the general rule that ordinances passed by
virtue of the implied power found in the general welfare clause must be reasonable, consonant
with the general powers and purposes of the corporation, and not inconsistent with the laws or
policy of the State.
League of Cities of the Philippines vs COMELEC (GR 176951, 177499, 178056) we should
not be restricted by technical rules of procedure at the expense of the transcendental interest
of justice and equity. While it is true that litigation must end, even at the expense of errors in
judgment, it is nobler rather for this Court of last resort, as vanguard of truth, to toil in order to
dispel apprehensions and doubt, as the following pronouncement of this Court instructs:
The right and power of judicial tribunals to declare whether enactments of the legislature exceed
the constitutional limitations and are invalid has always been considered a grave responsibility,
as well as a solemn duty. The courts invariably give the most careful consideration to questions
involving the interpretation and application of the Constitution, and approach constitutional
questions with great deliberation, exercising their power in this respect with the greatest possible
caution and even reluctance; and they should never declare a statute void, unless its invalidity is,
in their judgment, beyond reasonable doubt. To justify a court in pronouncing a legislative act
unconstitutional, or a provision of a state constitution to be in contravention of the Constitution x
xx, the case must be so clear to be free from doubt, and the conflict of the statute with the
constitution must be irreconcilable, because it is but a decent respect to the wisdom, the integrity,
and the patriotism of the legislative body by which any law is passed to presume in favor of its
validity until the contrary is shown beyond reasonable doubt. Therefore, in no doubtful case will
the judiciary pronounce a legislative act to be contrary to the constitution. To doubt the
constitutionality of a law is to resolve the doubt in favor of its validity.

Municipal Liability
1. Palafoxvs Province of Ilocos Norte Municipality is not liable if it performs
governmental functions except if there is a law permitting it.
2. ToriovsFontanilla Municipality is liable if it performs in proprietary functions (i.e.
holding a town fiesta) and therefore liable to third persons under the law of contracts or
torts.
3. Province of Cebu vs IAC The doctrine of implied municipal liability has been said to
apply to all cases where money or other property of a party is received under such
circumstances that the general law, independent of express contract implies an obligation
upon the municipality to do justice with respect to the same.
4. Osmenavs COA (GR 98355) Quantum Meruit is based on justice and equity, to
compensate a property or benefit received if restitution is equitable and if such action
involves no violation, frustration or opposition to public policy.
5. Osmenavs COA (GR 110045) That the City of Cebu complied with the relevant
formalities contemplated by law can hardly be doubted. The compromise agreement
was submitted to its legislative council, the SangguniangPanlungsod, which approved it
conformably with its established rules and procedure, particularly the stipulation for the
payment of P30,000.00 to the de la Cerna family. Neither may it be disputed that since, as
a municipal corporation, Cebu City has the power to sue and be sued, 17 it has the
authority to settle or compromise suits, 18 as well as the obligation to pay just and valid
claims against it.
6. Ramos vs CA (GR 99425) Private attorneys cannot represent a province or
municipality in lawsuits. Law allows a private counsel to be hired by a municipality only
when the municipality is an adverse party in a case involving the provincial government
or another municipality or city within the province. Only accountable public officers may
act for and in behalf of public entities and that public funds should not be expanded to
hire private lawyers.

Qualifications & Election of Elective Local Officials

1. Borja Jr. vs COMELEC (GR 133495) In both the Constitution and the Local
Government Code, the three-term limitation refers to the term of office for which the
local official was elected. It made no reference to succession to an office to which he was
not elected. In the case before the Commission, respondent Capco was not elected to the
position of Mayor in the January 18, 1988 local elections. He succeeded to such office by
operation of law and served for the unexpired term of his predecessor. Consequently,
such succession into office is not counted as one (1) term for purposes of the computation
of the three-term limitation under the Constitution and the Local Government Code. The
term limit for elective local officials must be taken to refer to the right to be elected as
well as the right to serve in the same elective position. Consequently, it is not enough that
an individual has served three consecutive terms in an elective local office, he must also
have been elected to the same position for the same number of times before the
disqualification can apply.
2. Romualdezvs RTC (GR 104960) In election cases, the Court treats domicile and
residence as synonymous terms, thus: (t)he term residence as used in the election

law is synonymous with domicile, which imports not only an intention to reside in a
fixed place but also personal presence in that place, coupled with conduct indicative of
such intention.
3. Rodriguez vs COMELEC (GR 120099) Art. 73. Disqualifications. The following
persons shall be disqualified from running for any elective local position; (e) Fugitives
from justice in criminal or non-political cases here or abroad. Fugitive from justice refers
to a person who has been convicted by final judgment. (Emphasis supplied).
4. Frivaldovs COMELEC (257 SCRA 727) the Local Government Code speaks of
Qualifications of ELECTIVE OFFICIALS, not of candidates.In case of doubt in
the interpretation or application of laws, it is to be presumed that the law-making body
intended right and justice to prevail.

Vacancies and Succession

1. Farinas vsBarba (GR 116763) Where there is no political party to make a nomination,
the Sanggunian, where the vacancy occurs, must be considered the appropriate
authority for making the recommendation, by analogy to vacancies created in the
Sangguniang Barangay whose members are by law prohibited from having any party
affiliation.
2. Victoria vs COMELEC (GR 109005) The ranking in the Sanggunian shall be
determined on the basis of the proportion of the votes obtained by each winning
candidate of the total number of registered voters who actually voted. In such a case, the
Court has no recourse but to merely apply the law. The courts may not speculate as to the
probable intent of the legislature apart from the words
3. Gamboa Jr. vs Aguirre (GR 134213) Being the Acting Governor, the Vice-Governor
cannot continue to simultaneously exercise the duties of the latter office, since the
nature of the duties of the provincial Governor call for a full-time occupant to discharge
them. 19 Such is not only consistent with but also appears to be the clear rationale of the
new Code wherein the policy of performing dual functions in both offices has already
been abandoned. To repeat, the creation of a temporary vacancy in the office of the
Governor creates a corresponding temporary vacancy in the office of the Vice-Governor
whenever the latter acts as Governor by virtue of such temporary vacancy.

Local Legislation
1. Magtajasvs Pryce Properties Inc (GR 111097) The rationale of the requirement that the
ordinances should not contravene a statute is obvious. Municipal governments are
only agents of the national government. Local councils exercise only delegated legislative
powers conferred on them by Congress as the national lawmaking body. The delegate
cannot be superior to the principal or exercise powers higher than those of the latter. It is
a heresy to suggest that the local government units can undo the acts of Congress, from
which they have derived their power in the first place, and negate by mere ordinance the
mandate of the statute.
2. Modayvs CA (GR 107916) The limitations on the power of eminent domain are that
the use must be public, compensation must be made and due process of law must be
observed. 22 The Supreme Court, taking cognizance of such issues as the adequacy of

compensation, necessity of the taking and the public use character or the purpose of the
taking, 23 has ruled that the necessity of exercising eminent domain must be genuine and
of a public character. 24 Government may not capriciously choose what private property
should be taken.
3. SJS vsAtienza, Jr. (GR 156052) Ordinance No. 8027 was enacted right after the
Philippines, along with the rest of the world, witnessed the horror of the September 11,
2001 attack on the Twin Towers of the World Trade Center in New York City. The
objective of the ordinance is to protect the residents of Manila from the catastrophic
devastation that will surely occur in case of a terrorist attack on the Pandacan Terminals.
No reason exists why such a protective measure should be delayed.

Disciplinary Actions
1. Salalima et al vsGuingona (GR 11589-92) We agree with the petitioners that Governor
Salalima could no longer be held administratively liable in O.P. Case No. 5450 in
connection with the negotiated contract entered into on 6 March 1992 with RYU
Construction for additional rehabilitation work at the Tabaco Public Market. Nor could
the petitioners be held administratively liable in O.P. Case No. 5469 for the execution in
November 1989 of the retainer contract with Atty. Jesus Cornago and the Cortes and
Reyna Law Firm. This is so because public officials cannot be subject to disciplinary
action for administrative misconduct committed during a prior term. The underlying
theory is that each term is separate from other terms, and that the reelection to office
operates as a condonation of the officers previous misconduct to the extent of cutting off
the right to remove him therefor. Such a rule is not only founded on the theory that an
officials reelection expresses the sovereign will of the electorate to forgive or condone
any act or omission constituting a ground for administrative discipline which was
committed during his previous term. We may add that sound public policy dictates it. To
rule otherwise would open the floodgates to exacerbating endless partisan contests
between the reelected official and his political enemies, who may not stop to hound the
former during his new term with administrative cases for acts, alleged to have been
committed during his previous term. His second term may thus be devoted to defending
himself in the said cases to the detriment of public service. This doctrine of forgiveness
or condonation cannot, however, apply to criminal acts which the reelected official may
have committed during his previous term.
2. The City of Angeles, Hon. Antonio Abad Santos vs CA (GR 97882) But the end never
justifies the means, and however laudable the purpose of the construction in question, this
Court cannot and will not countenance an outright and continuing violation of the laws of
the land, especially when committed by public officials.I
In theory, the cost of such demolition, and the reimbursement of the public funds expended in the
construction thereof, should be borne by the officials of the City Angeles who ordered and
directed such construction. This Court has time and again ruled that public officials are not
immune from damages in their personal capacities arising from acts done in bad faith. Otherwise
stated, a public official may be liable in his personal capacity for whatever damage he may have
caused by his act done with malice and in bad faith or beyond the scope of his authority or
jurisdiction. 20 Indisputably, said public officials acted beyond the scope of their authority and

jurisdiction and with evident bad faith. However, as noted by the trial court 21, the petitioners
mayor and members of the SangguniangPanlungsod of Angeles City were sued only in
their official capacities, hence, they could not be held personally liable without first giving them
their day in court. Prevailing jurisprudence 22 holding that public officials are personally liable
for damages arising from illegal acts done in bad faith are premised on said officials having
been sued both in their official and personal capacities.

Recall
1. Angabungvs COMELEC (GR 126576) In the instant case, this court is confronted with
a procedure that is unabashedly repugnant to the applicable law and no less such to the
spirit underlying that law. Private respondent who is a lawyer, knows that Section 69 (d)
of the Local Government Code plainly provides that recall is validly initiated by a
petition of 25% of the total number of registered voters. Notwithstanding such awareness,
private respondent proceeded to file the petition for recall with only herself as the filer
and initiator. She claims in her petition that she has, together with many others in
Tumauini, Isabela, lost confidence in the leadership of petitioner. But the petition does
not bear the names of all these other citizens of Tumauini who have reportedly also
become anxious to oust petitioner from the post of mayor. There is no doubt that private
respondent is truly earnest in her cause, and the very fact that she affixed her name in the
petition shows that she claims responsibility for the seeming affront to petitioners
continuance in office. But the same cannot be said of all the other people whom private
respondent claims to have sentiments similar to hers. While the people are vested with
the power to recall their elected officials, the same power is accompanied by the
concomitant responsibility to see through all the consequences of the exercise of such
power, including rising above anonymity, confronting the official sought to be recalled,
his family, his friends, and his supporters, and seeing the recall election to its ultimate
end. The procedure of allowing just one person to file the initiatory recall petition and
then setting a date for the signing of the petition, which amounts to inviting and courting
the public which may have not, in the first place, even entertained any displeasure in the
performance of the official sought to be recalled, is not only violative of statutory law but
also tainted with an attempt to go around the law. We can not and must not, under any
and all circumstances, countenance a circumvention of the explicit 25% minimum voter
requirement in the initiation of the recall process.
2. Malonzovs COMELEC (GR 127066) The Minutes of the session of the Preparatory
Assembly indicated that there was a session held. Attendees constitute the majority of all
the members of the Preparatory Assembly, as we shall later on establish. Rules of
procedure, simple they may be were formulated. Deliberations were conducted on the
main issue, which was that of petitioners recall. The members were given the
opportunity to articulate on their resolve about the matter. More importantly, their
sentiments were expressed through their votes signified by their signatures and
thumbmarks affixed to the Resolution. No proof was adduced by Petitioner to
substantiate his claim that the signatures appearing thereon represented a cause other than
that of adopting the resolution. The law on recall did not prescribe an elaborate
proceeding. Neither did it demand a specific procedure. What is fundamental is
compliance with the provision that there should be a session called for the purpose of

initiating recall proceedings, attended by a majority of all the members of the

preparatory recall assembly, in a public place and that the resolution resulting from such
assembly be adopted by a majority of all the PRA members.

Human Resources and Development

1. Javellanavs DILG (GR 102549) In the first place, complaints against public officers
and employees relating or incidental to the performance of their duties are necessarily
impressed with public interest for by express constitutional mandate, a public office is a
public trust. The complaint for illegal dismissal filed by Javiero and Catapang against
City Engineer Divinagracia is in effect a complaint against the City Government of Bago
City, their real employer, of which petitioner Javellana is a councilman. Hence, judgment
against City Engineer Divinagracia would actually be a judgment against the City
Government. By serving as counsel for the complaining employees and assisting them to
prosecute their claims against City Engineer Divinagracia, the petitioner violated
Memorandum Circular No. 74-58 (in relation to Section 7[b-2] of RA 6713) prohibiting
a government official from engaging in the private practice of his profession, if such
practice would represent interests adverse to the government.
2. Tobias vs Hon. Benjamin Abalos (GR 114783) Anent the first issue, we agree with the
observation of the Solicitor General that the statutory conversion of Mandaluyong into a
highly urbanized city with a population of not less than two hundred fifty thousand
indubitably ordains compliance with the one city-one representative proviso in the
Constitution:
. . . Each city with a population of at least two hundred fifty thousand, or each province, shall
have at least one representative (Article VI, Section 5(3), Constitution).
Hence, it is in compliance with the aforestated constitutional mandate that the creation of a
separate congressional district for the City of Mandaluyong is decreed under Article VIII,
Section 49 of R.A. No. 7675.