1

CREATION OF LGUs i. that division shall not reduce the income,

(Sec 6-10, 385-386, 441-442, 449-450, 460-463) population, or land area of the LGU
concerned to less than the minimum reqts
CHAPTER 2. - GENERAL POWERS AND ii. Income classification of the original LGU shall
ATTRIBUTES OF LOCAL GOVERNMENT UNITS not fall below its current income classification
prior to such division.
SECTION 6. Authority to Create Local Government
Units. SECTION 9. Abolition of Local Government Units.
WHEN: income, population, or land area has been
WHAT MAY BE DONE: LGU may be: irreversibly reduced to less than the minimum
i. created, standards as certified by the national agencies
ii. divided, (Sec 17) to Congress or to the Sanggunian
iii. merged, concerned
iv. abolished, or
v. its boundaries substantially altered SECTION 10. Plebiscite Requirement.
HOW: HOW: approved by a majority of the votes cast in a
plebiscite called for the purpose in the political unit/s
i. by law enacted for province, city, directly affected.
by Congress municipality, or any WHO: conducted by COMELEC
other political WHEN: within 120 days from the date of effectivity of
subdivision the law effecting such action, unless said law fixes
ii. by ordinance For Barangay located another date.
passed by the within its territorial
Sangguniang jurisdiction, subject to BARANGAY
Panlalawigan or such limitations and SECTION. 385. Manner of Creation.
Sangguniang requirements HOW:
Panlungsod prescribed in this Code. 1. by law or by an ordinance of the
Sangguniang Panlalawigan or Sangguniang
Panlungsod
SECTION 7. Creation and Conversion. 2. subject to approval by a majority of the votes
GEN RULE: Basis of LGU creation or conversion: on cast in a plebiscite to be conducted by the
verifiable indicators of viability and projected Comelec in the LGU
capacity to provide services, to wit: 3. WHEN: period determined by the law
4. For Barangays creation by the Sangguniang
(a) Income. sufficient to provide for all essential Panlalawigan, the recommendation of the
government facilities and services commensurate Sangguniang Bayan concerned is required
with its population size; (DOF)
(b) Population. - total number of inhabitants within SECTION. 386. Requisites for Creation.
the territorial jurisdiction of the LGU (NSO) (a) On POPULATION:
(c) Land Area. GENRULE: created out of a contiguous
It must be contiguous, unless it comprises territory with population of at least 2,000
two or more islands or is separated by an LGU EXCEPTIONS: 5,000 required
independent of the others; i. in cities and municipalities within
properly identified by metes and bounds Metro Manila and
with technical descriptions; ii. other metropolitan political
and sufficient to provide for such basic subdivisions or
services and facilities to meet the iii. in highly urbanized cities
requirements of its populace. LIMITATION: shall not reduce the population
SECTION 8. Division and Merger. of the original Barangay/s to less than the
HOW: comply with the same requirements for their minimum requirement
creation:
REQT: (b) On TERRITORY:

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GEN RULE: be properly by more or less
permanent natural boundaries. It need not be
contiguous if it comprises 2 or more islands.
(c) The governor or city mayor may prepare a
consolidation plan for Barangays within his
territorial jurisdiction
MUNICIPALITY
SECTION. 441. Manner of Creation.
HOW: only by an Act of Congress and subject to the
approval by a majority of the votes cast in a plebiscite
by Comelec in the LGUs directly affected held
within120 days from the date of its effectivity.
SECTION. 442. Requisites for Creation
(a) on INCOME: as certified by the provincial
treasurer, of at least P2,500,000.00 for the last 2
consecutive years based on the 1991 constant prices;
include the income accruing to the general
fund of the municipality concerned, exclusive
of special funds, transfers and non-recurring
income.
(b) on POPULATION: at least 25,000 inhabitants as
certified by the NSO; and
(c) on TERRITORY: a contiguous territory of at least
50 sq.km as certified by LMB
The territorial jurisdiction be properly
identified by metes and bounds.
The requirement on land area shall not
apply where the municipality proposed to
be created is composed of one (1) or
more islands.
The territory need not be contiguous if it
comprises two (2) or more islands.
CITY:
SECTION. 449. Manner of Creation
HOW: only by an Act of Congress and subject to the
approval by a majority of the votes cast in a plebiscite
by Comelec in the LGUs directly affected held
within120 days from the date of its effectivity.
SECTION. 450. Requisites for Creation
(a) on INCOME: at least Php20,000,000.00 for the last
two (2) consecutive years based on 1991
constant prices, AND if it has either of the
following requisites:
i. on TERRITORY: a contiguous
territory of at least 100 sq.km.
2
The territorial jurisdiction be properly
identified by metes and bounds.
The requirement on land area shall not
apply where the municipality proposed to
be created is composed of one (1) or
more islands.
The territory need not be contiguous if it
comprises two (2) or more islands.
OR,
ii. On POPULATION: at least 150,000
inhabitants,
PROVINCES:
SECTION. 460. Manner of Creation
HOW: only by an Act of Congress and subject to the
approval by a majority of the votes cast in a plebiscite
by Comelec in the LGUs directly affected held
within120 days from the date of its effectivity.
SECTION. 461. Requisites for Creation
(a) On INCOME: at least Php20,000,000.00 based on
1991 constant prices and either of the
following requisites:
(i) On TERRITORY:
GEN RULE: a contiguous territory of at
least 2,000 sq.km.
EXCEPTIONS:
1. contiguous if it comprises two (2) or
more islands or
2. is separated by a chartered city or
cities which do not contribute to the
income of the province.
(ii) On POPULATION: at least 250,000
inhabitants
SECTION. 462. Existing Sub-Provinces. - Existing sub-
provinces are hereby converted into regular
provinces upon approval by a majority of the
votes cast in a plebiscite
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CHAPTER 1. - Settlement of Boundary Disputes
SECTION 118. Jurisdictional Responsibility for
Settlement of Boundary Dispute. - Boundary
disputes between and among local
government units shall, as much as possible,
be settled amicably. To this end:
(a) Boundary disputes involving two (2) or
more Barangays in the same city or
municipality shall be referred for
settlement to the Sangguniang
Panlungsod or Sangguniang bayan
concerned.
(b) Boundary disputes involving two (2) or
more municipalities within the same
province shall be referred for
settlement to the Sangguniang
Panlalawigan concerned.
(c) Boundary disputes involving
municipalities or component cities of
different provinces shall be jointly
referred for settlement to the
Sanggunians of the provinces
concerned.
(d) Boundary disputes involving a component
city or municipality on the one hand
and a highly urbanized city on the
other, or two (2) or more highly
urbanized cities, shall be jointly
referred for settlement to the
respective Sanggunians of the parties.
(e) In the event the Sanggunian fails to effect
an amicable settlement within sixty
(60) days from the date the dispute
was referred thereto, it shall issue a
certification to that effect. Thereafter,
the dispute shall be formally tried by
the Sanggunian concerned which shall
decide the issue within sixty (60) days
from the date of the certification
referred to above.
SECTION 119. Appeal. - Within the time and manner
prescribed by the Rules of Court, any party may
elevate the decision of the Sanggunian concerned to
the proper Regional Trial Court having jurisdiction
over the area in dispute. The Regional Trial Court
shall decide the appeal within one (1) year from the
filing thereof. Pending final resolution of the disputed
area prior to the dispute shall be maintained and
continued for all legal purposes.
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CORPORATE POWERS
SECTION 22 Corporate Powers
(a) Every local government unit, as a corporation,
shall have the following powers:
(1) To have continuous succession in its corporate
name;
continuous succession is the continuous
existence which enables a corporation to
manage its affairs and hold property without
the necessity of perpetual conveyances
Its legal entity and personality remains the
same despite frequent changes of its
members
(2) To sue and be sued;
STATE cannot be sued without its consent,
express (through general or special law) or
implied (State commences litigation and State
enters into a commercial contract)
HOWEVER, state immunity from suit usually
does not extend to municipal corporations
The Code itself expressly provides that the
LocGov may sue and be sued, even in the
performance of governmental functions
HOW SUED: as natural persons
POWER to COMPROMISE as a necessary
incident of its power to contract
(3) To have and use a corporate seal;
Registration with DTI and IPO not required
because mun. corp are not business or
enterprise
PURPOSE: to identify and authenticate
documents
(4) To acquire and convey real or personal
property;
May acquire property in governmental or
proprietary capacity
As proprietor, it can be held liable to 3rd
persons ex contact or delicto
Enjoys the attributes of ownership
Property held and devoted for governmental
purpose is public property which must be
for free and indiscriminate use by anyone
PUBLIC PROPERTY when it is for use and
benefit of the general public
GEN RULE: absolutely controlled by the
CONGRESS
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EXCEPTION: LGU can dispose of such public
property only with special authority or
charter authorityS
MACASIANO vs DIOKNO (1992)
o Properties of the local government which are
devoted to public service are deemed public and
are under the absolute control of Congress.
o 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.
o 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.
PRIVATE PROPERTY where acquired/ held
for the special benefit of the LGUs inhabitants
(5) To enter into contracts; and
Chief Executives may enter into contracts on
behalf of LGU after authorization from
Sanggunian
HOW: i. by vote upon a motion
ii. by resolution enacted like as
ordinance without the need for a 3rd reading
Contract rules be likewise applied
QUISUMBING vs GARCIA (2008)
The requirement of prior authorization of the
Sanggunian was deliberately added as a measure
of check and balance, to temper the authority
of the local chief executive, and in recognition of
the fact that the corporate powers of the LGU are
wielded as much by its chief exec as by its council.
Impt to determine the character of contracts, i.e.,
whether they were mere disbursements pursuant
to the ordinances supposedly passed by the
sanggunian or new contracts which obligate the
province without the provincial board's
authority.
An appropriation is an authorization made by
OSMENA vs COA (2011)
ordinance covering the expenditures which are to
Despite initial refusal, Sanggunian was eventually
be made by the LGU such as current operating
compelled to enact the appropriation ordinance
expenditures and capital outlays.
to satisfy the RTC judgments. Belated as it may be,
the enactment of the appropriation ordinance,
nonetheless, constitutes as sufficient compliance
with law reqts. It serves as a confirmatory act
signifying the Sanggunians ratification of all extra
work orders issued by Osmea
"no showing that Osmena was ill-motivated, or
that he had personally sought to/ profited profit
from the transactions Extra work orders were
issued for the successful hosting of the Palaro, not
for any other "nefarious endeavour.
4
(6) To exercise such other powers as are granted to
corporations, subject to the limitations in this Code
and other laws.
(b) LGUs may continue using, modify, or change
their existing corporate seals:
Provided, That beregistered with the DILG:
Provided, further, That any change be also registered
(c) Unless otherwise provided in this Code, NO
contract may be entered into by the local chief
executive in behalf of the LGU without prior
authorization by the Sanggunian concerned. A
legible copy of which be posted at a conspicuous
place in the provincial capitol or the city, municipal
or Barangay hall.
(d) LGUs shall enjoy full autonomy in their
proprietary functions and in the management of
their economic enterprises, subject to the
limitations here and other applicable laws
Statutes Granting Corporate Powers to LGUs
HOW CONSTRUED: Liberal, in favor of power grant
to LGUs (Sec 5, RA 7160)
HOW EXERCISED:
Reasonable, lawful and constitutional manner
Legislature to direct
i. In what way,
ii. Through what board of
municipal officers/ agents, or
iii. By what municipal officers the
powers given shall be
exercised
PURPOSE: public use or purpose
MUNICIPAL CORPORATIONS
DEF: agencies of the State for the promotion and
maintenance of local self-government and as such are
endowed with police powers in order to effectively
accomplish and carry out the declared objects of their
creation.
AUTHORITY: emanates from General Welfare Clause
LIABILITY FOR DAMAGES:
SECTION 22. Corporate Powers.
(a) Every local government unit, as a corporation,
shall have the following powers:
(2) To sue and be sued;
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SECTION 24. Liability for Damages. - Local
government units and their officials are not exempt
from liability for death or injury to persons or
damage to property.
NCC Art. 34. When a member of a city or municipal
police force refuses or fails to render aid or protection
to any person in case of danger to life or property, such
peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily
responsible therefor. The civil action herein
recognized shall be independent of any criminal
proceedings, and a preponderance of evidence shall
suffice to support such action.
NCC Art. 2176. Whoever by act or omission causes
damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter.
Art. 2180. The obligation imposed by Article 2176 is
demandable not only for one's own acts or omissions,
but also for those of persons for whom one is
responsible.
The State is responsible in like manner when it acts
through a special agent; but not when the damage has
been caused by the official to whom the task done
properly pertains, in which case what is provided in
Article 2176 shall be applicable.
Art. 2189. Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries suffered
by, any person by reason of the defective condition
of roads, streets, bridges, public buildings, and other
public works under their control or supervision. (n)
SUABILITY:
Whether and entity is capable of being sued
LIABILITY:
Condition of being actually or potentially
subject to an obligation
Liability is not conceded by the mere fact that the
state has allowed itself to be sued. When the state
does waive its sovereign immunity, it is only
giving the plaintiff the chance to prove, if it can,
that the defendant is liable."
RE Municipal Corporations:
5
Nevertheless, they are subject to suit even in the
performance of such functions because their
charter provided that they can sue and be sued.
GEN RULE ON SUABILITY: not liable for torts
committed by them in the discharge of governmental
functions and can be held answerable only if it can be
shown that they were acting in a proprietary
capacity.
EXCEPTION: municipal corporations are suable
because their charters grant them the competence to
sue and be sued;
They are not exempt for the negligent
performance of its corporate or proprietary or
business functions
RE Personal Liability of LGUs officer:
Mayor alone be held liable and responsible for
the miserable plight of the petitioner. His refusal,
neglect or omission in complying with the
directives Prov Budget Officer is reckless and
oppressive, hence, by way of example or
correction for the public good. He is liable
personally to the petitioner for exemplary or
corrective damages.
DUAL CAPACITY & Functions of Municipal Corps:
the right springing officers are public
from sovereignty, acts functionaries
are political and performing a public
governmental service
a private, proprietary Officers in corporate/
or corporate right, individual capacity
arising from their
existence as legal
persons and not as
public agencies.
RE Obligations of Mun. Corps:
This Court will not condone the repudiation of
just obligations contracted by municipal
corporations. On the contrary, it extend aid and
every judicial facility to any citizen in the
enforcement of just and valid claims against
abusive local government units.
GENERAL WELFARE CLAUSE
SECTION 16. General Welfare
POWERS OF LGU:
i. expressly granted,
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ii. those necessarily implied there from,
iii. as well as powers necessary, appropriate, or
incidental for its efficient and effective
governance,
iv. and those which are essential to the
promotion of the general welfare.
Within respective territorial jurisdictions LGUs shall:
i. ensure and support, among other things, the
preservation and enrichment of culture,
ii. promote health and safety,
iii. enhance the right of the people to a balanced
ecology,
iv. encourage and support the development of
appropriate and self-reliant scientific and
technological capabilities,
v. improve public morals,
vi. enhance economic prosperity and social
justice,
vii. promote full employment among their
residents,
viii. maintain peace and order, and
ix. preserve the comfort and convenience of
their inhabitants.
SECTION 16, General Welfare Clause,
encapsulates the delegated police power to local
govts. LGUs exercise police power through their
respective legislative bodies. It is unequivocal
that the municipal mayor has the power to issue
licenses and permits and suspend or revoke the
same for any violation of the conditions upon
which said licenses or permits had been issued,
pursuant to law or ordinance
SECTION. 391. Powers, Duties, and Functions. - (a)
The Sangguniang Barangay, as the legislative body of
the Barangay, shall:
(a) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon it by
law or ordinance and to promote the general
welfare of the inhabitants therein;
RE States power to promote general welfare:
(Constitutional Basis)
the right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature under the Declaration of
Principles the State Policies and not under the Bill
of Rights
right to a balanced and healthful ecology carries
with it a correlative duty to refrain from
impairing the environment
6
LGUs are vested the power, inter alia, to enact
ordinances to enhance the right of the people to a
balanced ecology.
POLICE POWER:
DEF: the power of promoting the public welfare by
restraining and regulating the use of liberty and
property
Power to prescribe regulations to promote the
health, morals, peace, education, good order or
safety and general welfare of the people.
It is the most essential, insistent, and illimitable
of powers
PURPOSE:
Securing the general welfare, comfort and
convenience of the people.
RE Police Power on Municipal Cooperation:
Police power is inherent in the state but not in
municipal corporations
Before a municipal corporation may exercise
such power, there must be a valid delegation of
such power by the legislature which is the
repository of the inherent powers of the State.
GENERAL WELFARE:
DEF: the power of promoting the public welfare by
restraining and regulating the use of liberty and
property.
GEN RULE of Municipal Cooperations Police
Power:
may exercise police powers within the fair
intent and purpose of their creation which are
reasonably proper to give effect to the powers
expressly granted, and statutes conferring
powers on public corporations have been
construed as empowering them to do the things
essential to the enjoyment of life and desirable
for the safety of the people
The care for the poor is generally recognized as a
public duty. The support for the poor has long
been an accepted exercise of police power in the
promotion of the common good
RATIO:
Founded on public necessity, to enable Mun.Corp
to perform their governmental functions
Public purpose is not unconstitutional merely
because it incidentally benefits a limited number
of persons.
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ABATEMENT OF NUISANCE
SECTION. 447. - Powers, Duties, Functions and
Compensation. Sangguniang Bayan
SECTION. 458. - Powers, Duties, Functions and
Compensation. Sangguniang Panglungsod
(a) The Sangguniang Bayan/ Panglugsod, as the
legislative body of the municipality/ province, shall
enact ordinances, approve resolutions and
appropriate funds for the general welfare of the
municipality and its inhabitants pursuant to section
16 of this Code and in the proper exercise of the
corporate powers of the municipality as provided for
under section 22 of this Code, and shall:
DUTIES OF SANGGUIANG BAYAN
1. Approve ordinances and pass resolutions necessary for
an efficient and effective municipal government, and in
this connection
2. Generate and maximize the use of resources and
revenues for the development plans, program
objectives and priorities of the municipality as provided
for under section 18 of this Code with particular
attention to agro-industrial development and
countryside growth and progress,
3. Subject to the provisions of Book II of this Code, grant
franchises, enact ordinances authorizing the issuance of
permits or licenses, or enact ordinances levying taxes,
fees and charges upon such conditions and for such
purposes intended to promote the general welfare of
the inhabitants of the municipality, and pursuant to this
legislative authority
4. Approve ordinances which shall ensure the efficient and
effective delivery of the basic services and facilities as
provided for under Section 17 of this Code,
5. Regulate activities relative to the use of land,
buildings and structures within the municipality in
order to promote the general welfare
a. Declare, prevent or abate any nuisance;
6. Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
DUTIES OF SANGGUNIANG PANGLUNGSOD
Same as above
MUNICIPAL ORDINANCE
be within the corporate powers of the
municipality to enact
be passed according to the procedure
prescribed by law, and
be in consonance with basic principles of a
substantive nature.
REQUIREMENTS FOR VALIDITY:
7
i. must not contravene the Constitution or any
statute
ii. must not be unfair or oppressive
iii. must not be partial or discriminatory
iv. must not prohibit but may regulate trade
v. must be general and consistent with public
policy, and
vi. must not be unreasonable
RE Validity:
"The municipal council shall enact such
ordinance and make such regulations, not
repugnant to law, as may be necessary to carry
into effect and discharge the powers and
duties conferred upon it by law and such as
shall seem necessary and proper to provide for
the health and safety, promote the prosperity,
improve the morals, peace, good order,
comfort and convenience of the municipality
and the inhabitants thereof, and for the
protection of property therein."
Abatement of a nuisance without judicial
proceedings is possible if it is nuisance per se.
Nuisance per se is that which is nuisance at all
times and under any circumstance, regardless of
location and surroundings.
LGC does not expressly provide for the abatement
of nuisance. And even assuming that the power to
abate nuisance is provided for by the present
code, the accused public officials were under the
facts of this case, still devoid of any power to
demolish the store.
NUISANCE
DEF: thing, condition or use of some continuity which
through offensive odor, noises, substance etc, works
hurt, annoyance, inconvenience or damage to the
public with respect to his health, comfort, repose or
safety, OR
Effects of which are unreasonably harmful or
annoying to persons of normal sensibility and
constitutes a legal wrong remediable in equity or at
law
Accdg to the New Civil Code:
NUISANCE is any act, omission, establishment,
business, condition of property which:
1) Injures or endangers health or safety of
others
2) Annoys or offends the senses
3) Shocks, defies or disregards decency or
morality
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4) Obstructs or interferes with the free passage
of any public hi-way or street, or water
5) Hinders or impairs use of property
KINDS:
A. NUISANCE PER SE a nuisance at all times
and under any circumstances, regardless of
location or surroundings
May be abated without judicial proceedings
ONLY to nuisance per se, affecting a
community or neighborhood although the
extent of annoyance, danger or damage upon
individuals be unequal, affecting immediate
safety
Determination within municipal power is
conclusive on the court
B. NUISANCE PER ACCIDENS becomes a
nuisance by reason of the locality,
surroundings, or the manner in which it is
conducted, managed, etc
May only be abated and proven in a judicial
hearing
Municipal determination of existence is pnly
persuasive and not conclusive on the courts
BASIC SERVICES AND FACILITIES
SECTION 17: Basic Services and Facilities
core of devolution of central government powers to
LGUs
Exception to Provisions:
Public works and infrastructure projects and other
facilities, programs, services
1. Funded by the national govt under GAA, other
special laws or Eos
2. Funded partially or wholly from foreign
sources
Here, LGUs are only implementing agencies
Next higher LGU or natl govt may augment basic
services if:
o Not available or
o If available, inadequate to meet the
requirements of its inhabitants
EMINENT DOMAIN
SECTION 19 Eminent Domain
8
DEF: Power to take private property for public use
by the State
NATURE: Legislative power
WHO MAY EXERCISE: may be validly delegated to
LGUs, other public entities and public utilities
REQUIREMENTS:
1. BY WHOM: Enactment of an ordinance by
the local legislative council authorizing the
local chief executive to exercise such power
ORDINANCE law with general and permanent
character; 3rd reading required
RESOLUTION mere declaration of sentiment or
opinion of lawmaking body on a specific matter;
temporary
No rights can be conferred by and be inferred from a
resolution, which is nothing but an embodiment of
what the lawmaking body has to say in the light of
attendant circumstances; up to 2nd reading only
2. PURPOSE: for public use, purpose or welfare
PUBLIC USE public advantage or benefit,
contributing to the general welfare and
prosperity of the whole community
3. Payment of just compensation
JUST COMPENSATION fair market value to be paid
at the time of taking of property determined by the
court or sum which a person, desirous but not
compelled to buy and an owner, willing but not
compelled to sell, would agree on as a price
HOW DETERMINED:
Ascertain market value/ basic value at
the time of taking
Add consequential damage
Deduct consequential benefits
Add legal interest if taking occurred
before compensation
Required to:
Pay correct amount AND
Pay at a reasonable time from taking
4. Valid and definite offer to the owner and offer
was not accepted
TAKING
DEF: owner deprived or dispossessed of ordinary and
beneficial use of his property or of its value thru
practical destruction or material impairment of
propertys value
SCOPE:
Tangible property
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 9

Rights of user and c) Unregistered or abandoned and idle lands;

Enjoyment thereof d) Those within the declared Areas for Priority
Development, Zonal Improvement Program sites, and
Slum Improvement and Resettlement Program sites
LIMITATIONS: which have not yet been acquired;
Lands within corporate limits, unless e) Bagong Lipunan Improvement of Sites and Services or
delegated by legislature BLISS sites which have not yet been acquired; and
f) Privately-owned lands.
Private property devoted to public use by
Congress not included EXCEPTION to the priorities:
NO required approval from DAR because Where open-site development is found more practicable and
although there is limited authority, no such advantageous to the beneficiaries, the priorities mentioned in
mention of this requirement this section shall not apply. LGUs shall give budgetary priority to
on-site development of government lands.

RTC has proper jurisdiction Sec. 10. Modes of Land Acquisition. The modes of acquiring
Expropriation proceedings are to be resorted lands for purposes of this Act shall include, among others,
only after other acquisition modes have been community mortgage, land swapping, land assembly or
consolidation, land banking, donation to the Government, joint-
exhausted venture agreement, negotiated purchase, and expropriation:
Principle of res judicata cannot bar the right of Provided, however,
the State or its agent to expropriate private That expropriation shall be resorted to only when other
property models of acquisition have been exhausted:
Provided, further, That where expropriation is resorted to,
Being an inherent power, its right to be exercised parcels of land owned by small property owners shall be
is absolute and unfettered exempted for purposes of this Act: Provided, finally, That
Government may immediately take possession abandoned property, as herein defined, shall be reverted and
upon: escheated to the State in a proceeding analogous to the
procedure laid down in Rule 91 of the Rules of Court.
Filing of expropriation proceedings AND
Upon deposit with proper court at least For the purpose of socialized housing, government-owned and
15% of the FMV based on propertys foreclosed properties shall be acquired by the local government
current tax declaration units, or by the National Housing Authority primary through
negotiated purchase: Provided, That qualified beneficiaries who
Re 15% DEPOSIT:
are actual occupants of the land shall be given the right of first
Deposit constitutes advance payment refusal.
only in the event the expropriation prospers.
Dual purpose: RECLASSIFICATION OF LANDS
i. as pre-payment if the expropriation succeeds
and SECTION 20. Reclassification of Lands
ii. as indemnity for damages if it is dismissed. WHAT: reclassification of agricultural lands to other
purpose
This advance payment, a prerequisite WHO MAY RECLASSIFY:
for the issuance of a writ of possession, should not be City or Municipality
confused with payment of just compensation for the
taking of property even if it could be a factor in HOW: Through an ordinance passed by the
eventually determining just compensation. If the Sanggunian after public hearings
proceedings fail, the money could be used to
WHEN:
indemnify the owner for damages. (Cisayan Refining
1) when the land ceases to be As determined
Co. vs Camus, 1919)
economically feasible and by DAR
sound for agricultural
purposes
RA 7279: Urban Devt and Housing Act of 1992
(2) where the land shall have as determined
Sec. 9. Priorities in the Acquisition of Land. Lands for substantially greater by the
socialized housing shall be acquired in the following order: economic value for Sanggunian
a) Those owned by the Government or any of its residential, commercial, or concerned
subdivisions, instrumentalities, or agencies, including
government-owned or -controlled corporations and
industrial purposes
their subsidiaries; LIMITATION:
b) Alienable lands of the public domain;

LOCAL GOVERNMENT-DELA CRUZ 2014 |


Reclassification limited to __ % of total agricultural
land area at the time of ordinance passage:
15% Highly urbanized and independent
component city
10% Component cities and 1st to 3rd class
municipalities
5% 4th to 6th class municipalities (Provided
agri lands in CAR will not be affected)
President to authorize city or municipality
WHEN: public interest so requires AND upon NEDA
recommendation
WHAT: in excess of the limits set in the preceeding
paragraph
LGUs are required to continue to prepare
comprehensive land use plans, enacted through
zoning ordinances which shall be the primary and
dominant bases for the future use of land
resources
National agency approval shall not be
unreasonably withheld
Failure to act after 3 months from receipt of
application is deemed as APPROVAL
AGRICULTURAL LAND those devoted to
agricultural activity and not classified as mineral or
forest by DENR, and not classified in town plans and
zoning ordinances as approved by the Housing and
Land Use Regulatory Board
LAND USE manner of utilization of land ie
allocation, development and management
LAND USE CONVERSION act or process of changing
the current use of an agri land into some other use as
approved by DAR
LOCAL LEGISLATION
INTERGOVERNMENTAL RELATIONS NATL
GOVT and LGUs
1987 CONSTITUTION
ARTICLE X LOCAL GOVERNMENT
Section 2. The territorial and political subdivisions shall
enjoy local autonomy.
Section 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with
10
respect to component cities and municipalities, and cities
and municipalities with respect to component barangays,
shall ensure that the acts of their component units are
within the scope of their prescribed powers and functions.
Section 25. National Supervision over Local
Government Units. -
(a) Consistent with the basic policy on local
autonomy, the President shall exercise
general supervision over local government
units to ensure that their acts are within the
scope of their prescribed powers and
functions.
The President shall exercise supervisory
authority directly over provinces, highly
urbanized cities, and independent component
cities; through the province with respect to
component cities and municipalities; and
through the city and municipality with
respect to barangays.
(b) National agencies and offices with project
implementation functions shall coordinate
with one another and with the local
government units concerned in the discharge
of these functions. They shall ensure the
participation of local government units both
in the planning and implementation of said
national projects.
CONTRO;L power of an official to alter, modify or
nullify or set aside what a subordinate officer had
done in the performance of his duties and substitute
the judgment of the former for that of the latter
SUPERVISION power of an officer to see that
subordinate officers perform their duties
It means overseeing or the power/ authority of
an officer to see that subordinate officers perform
their duties. If latter fails, former may take action
to make them perform their duties.
Re Power of the President to impose disciplinary
measures:
Since local governments remain accountable to
the national authority, the latter may, by law, and
in the manner set froth therein, impose
disciplinary actions against local officials (Ganzon
vs CA, 1991)
In cases that the Court denied the President the
power to suspend and remove, it was not because
we did not think that the President cannot
exercise it on account of his limited power, but
LOCAL GOVERNMENT-DELA CRUZ 2014 |

because the law lodged the power elsewhere ie
Herbon vs Reyes, 19)
It cannot be inferred that the power of the
supervision of the President over LGU officials
does not include the power of investigation when
in his opinion the good of the public service so
requires (Ganzon vs CA, 1991)
Supervision and investigation are not
inconsistent terms; investigation does not
signify control (supra)
Hebron vs Reyes (1958)
GEN RULE: President has no inherent power to remove
or suspend local elective officials,
and can only do so
EXCEPTIONS:
i. when the power is expressly given or
ii. arises by necessary implication under the
Consti or statutes.
Laws governing the suspension and removal of publc
officers, esp those chosen by direct votes, must be
strictly construed in their favor and when the procedure
for the suspension of officer is specified by law, such
must be mandatory absent express or clear provision to
the contrary.
Executive department in the exercise of general
supervision over locgov, may conduct investigations
only to ascertain whether the provincial governor and
board should take such action.
Authority of the President over LGUs to general
supervision applies to all powers of municipal
corporation corporate or political
Re 1935 vs 1987 Constitution
Deletion of as may be provided by law only
underscores the LocGovs autonomy from
Congress and to break Congress control over
LocGov affairs
Consti did not, however, intend, for the sake of
local autonomy, to deprive Congress of all
authority over municipal corporations
concerning discipline
Autonomy is subject to the guiding star of, though
not control of the legislature albeit the legislative
responsibility under the Consti and as the
supervision clause itself suggest - is to wean
LGUs from over dependence on the central
government
Consti did not intend to divest the legislature of
its right or the President of her prerogative as
conferred by existing legislation to provide
administrative sancitions against local officials.
The change in consti language did not exempt
11
local govts from legislative regulation
provided regulation is consistent with the
fundamental promise of autonomy.
Since LGUs remain accountable to the national
authority, the latter may, by law, and in any
manner set forth, impose disciplinary action
against local officials.
Re SCOPE of SUPERVISION:
Supervision is not incompatible with disciplinary
authority and that determination of the
constitutionality or legality of an ordinance is an
act of supervision, NOT control
Drilon vs Lim (1994)
Sec 187 of LGC authorizes the Sec of Justice to review
only the constitutionality or legality of the tax ordinance
and, if warranted, revoke it on either or both of these
grounds. When he alters, modifies, sets aside a tax
ordinance, he is not permitted to substitute his own
judgment for the judgment of the LGU that enacted the
measure. He did not pronounce the prdinance unwise or
unreasonable as a basis for annulment. All he did was
determine if petitioners were performing their
functions in accordance with law.
All he is permitted is to ascertain the constitutionality or
legality of the tax measure, without the right to declare
that, in his opinion, it is unjust, excessive, oppressive or
confiscatory.
Officer in CONTROL Supervisor
Lays down the rule He sees to it that
in doing of an act rules are followed
If not followed, he Does not lay down
may, at his rules himself
discretion order it Nor has the
undone or re-done discretion to modify
by his subordinate or replace them
or himself He has no judgment
He may prescribe on the manner but
his own manner for only to see if rules
the doing of an act are followed
RELATIONS WITH PNP
Section 28. Powers of Local Chief Executives over the
Units of the Philippine National Police. - The extent of
operational supervision and control of local chief
executives over the police force, fire protection
unit, and jail management personnel assigned in
their respective jurisdictions shall be governed by the
provisions of R.A. No. 6975, otherwise known as "The
LOCAL GOVERNMENT-DELA CRUZ 2014 |
 12

Department of the Interior and Local Government Act As deputy of the NPC, authority of the Mayor is very
of 1990", and the rules and regulations issued limited. In reality, he has no power of appointment; he
pursuant thereto. has only limited power of selecting one from among the
list of 5 eligbles . The power to appoint is actually vested
in the Regional Director.
PNP and Natl Police Commission are realigned
under DILG to bolster a system of coordination
and cooperation among citizenry, local executives Much less may the mayor require the RD to
and integrated law enforcement agencies include the name of any officer, no matter how
Police force is not part of the AFP qualified, in the list to be submitted to the mayor
Police force is a civilian agency of the government PURPOSE of LIMITATION: to enhance police
under the power of executive control professionalism and to isolate the police service
from political domination
Re Powers of the Mayor:
Governors and mayors, upon having been elected
INTER-LOCAL FOVERNMENT RELATIONS
and living qualified as such, are automatically
deputized as representatives of the National
Section 29. Provincial Relations with Component
Police Commission in their respective
Cities and Municipalities. - The province, through
jurisdiction.
the governor, shall ensure that every component city
As representative of the NPC,
and municipality within its territorial jurisdiction
"The term 'operational supervision and acts within the scope of its prescribed powers and
control' shall mean the power to direct,
functions. Highly urbanized cities and independent
superintend, and oversee the day-to-day component cities shall be independent of the
functions of police investigation of crime, crime
province.
prevention activities, and traffic control
Include the power to direct the employment (the
Governors merely have supervisory power and
utilization of units or elements of the PNP for cannot substitute the judgment of component
purposes of protection of lives and properties,
cities and municipalities with their own
enforcement of laws, maintenance of peace and
As creatures of the State, LGUs are generally
order, prevention of crimes, arrest) and
subject to the control of the State
deployment (the orderly and organized physical
movement of elements or units of the PNP within
Re State Legislation
the LGU) of units or elements of the PNP, through
Corresponding presumption that state legislation
the station commander, to ensure public safety
creating a state agency preempts locgov control
and effective maintenance of peace and order
within the locality. In the absence of contrary statutory language,
state legislature intended the state agency to be
Re Mayors Power to Recommend: absolutely immune from local restrictions merely
because the state agency is an arm of the state
Authority to choose the chief of police from a list
hence occupies a superior position within the
of 5 eligibles recommended by the Police
govtal hierarchy
Regional Director, preferably from the same
province, city or municipality
RELATIONS WITH PEOPLES AND NON-
City police is under the direct command and
GOVERNMENTAL ORGANIZATIONS
control of the PNP Regional Director
It is the prerogative of the Regional police
Section 34. Role of People's and Non-governmental
Director to name the 5 eligibles screened by Organizations. - LGUs shall promote the
Senior Officers Promition and Selection Board,
establishment and operation of people's and NGOs to
PNP become active partners in the pursuit of local
In case of disagreement bet RPD and the Mayor, autonomy.
elevate to Regional Director, NPC who shall
resolve issue within 5 working days upon receipt Section 35. Linkages with People's and Non-
governmental Organizations. - LGUs may enter into
Andaya vs RTC, Cebu City Br. 20 (1999) joint ventures and such other cooperative

LOCAL GOVERNMENT-DELA CRUZ 2014 |


arrangements with people's NGOs to engage in the
delivery of certain basic services, capability-building
and livelihood projects, and to develop local
enterprises designed to improve productivity and
income, diversity agriculture, spur rural
industrialization, promote ecological balance, and
enhance the economic and social well-being of the
people.
Encompasses any activity that promotes
development of a locality
LOCAL PREQUALIFICATION, BIDS AND AWARDS
COMMITTEE
Section 37. Local Prequalification, Bids and
Awards Committee (Local PBAC). -
(a) There is hereby created a local prequalification,
bids and awards committee in every province, city,
and municipality,
TASK: primarily responsible for the conduct of
prequalification of contractors, bidding, evaluation of
bids, and the recommendation of awards concerning
local infrastructure projects.
COMMITTEE COMPOSITION: (as amended by
GPRA):
i. One representative from the Office of the
Local Chief Executive ie:
a. Office of the Admin
b. Budget Ofice
c. Legal Office
d. Engineering Office
e. Gen Services Offices
f. End Users Office
LPBAC now Bids and Awards Committee (BAC)
under the Govt Procurement Reform Act (GPRA)
Representatives of the Commission on Audit shall
observe the proceedings of such committee and shall
certify that the rules have been complied with.
VENUE: Provincial capitol or the city/ municipal hall.
MODE OF CONTACTING make contract the
same way as other corp/ partnerships or
individuals
Presumption of validity
If legislature set out methods of making
municipal contract, it is mandatory and
jurisdictional to follow such method prescribed
13
PURPOSE of COMPETITIVE BIDDING:
To invite competition
To guard against favoritism,
improvidence, extravagance, fraud and
corruption and
To secure the best work or supplies at
lowest practicable price
San Diego vs Municipality of Naujan, Prov. of
Mindoro (1960)
PUBLIC BIDDINGS are held for the protection of the
public, and to give the public best possible
advantages by means of open competition between
the bidders. He who bids the best terms is awarded the
contact subject of the bid, and it is obvious that such
protection and best possible advantages to the public
will disappear if parties to a contract executed after
public bidding may alter or amend it without another
previous public bidding.
Re Alteration of Original Contract after Public
Bidding:
Contracts requiring public bidding affect public
interest, and to change them without complying
with that requirement would indeed be against
public policy
Statutes requiring public bidding apply to
amendments of any contract already executed in
compliance with the law where such
amendments alter original contract in some vital
and essential particular
Impairment of the obligation of contract refers
only to contracts legally executed
To apply the doctrine of estoppel against a
municipality in such case would be to enable it to
do indirectly what it cannot do directly
II. LOCAL GOVERNMENT UNITS
THE BARANGAY (Sec 384-493)
Section 389. Chief Executive: Powers, Duties, and
Functions. -
(a) The punong barangay, as the chief executive of the
barangay government
(b) For efficient, effective and economical governance, the
purpose of which is the general welfare of the barangay
and its inhabitants
POWERS:
(1) Enforce all laws and ordinances which are applicable
within the barangay;
LOCAL GOVERNMENT-DELA CRUZ 2014 |

(2) Negotiate, enter into, and sign contracts for and in
behalf of the barangay, upon authorization of the
sangguniang barangay;
(3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or municipal mayor
and the sanggunian members in the performance of
their duties and functions;
(4) Call and preside over the sessions of the
sangguniang barangay and the barangay assembly,
and vote only to break a tie;
(5) Upon approval by a majority of all the members of the
sangguniang barangay, appoint or replace the
barangay treasurer, the barangay secretary, and
other appointive barangay officials;
(6) Organize and lead an emergency group whenever
the same may be necessary
(7) In coordination with the barangay development
council, prepare the annual executive and
supplemental budgets of the barangay;
(8) Approve vouchers relating to the disbursement of
barangay funds;
(9) Enforce laws and regulations relating to pollution
control and protection of the environment;
(10) Administer the operation of the katarungang
pambarangay in accordance with the provisions of this
Code;
(11) Exercise general supervision over the activities
of the sangguniang kabataan;
(12) Ensure the delivery of basic services
(13) Conduct an annual palarong barangay
(14) Promote the general welfare of the barangay;
(15) Exercise such other powers as may be prescribed
by law or ordinance.
Re Power to Appoint, Remove and Replace (Sec
389, 394, 395)
The term replace embraces not only the
appointment of the replacement but also the
prior removal of, or the vacation by, the official
currently occupying the appointive position
To replace is to take the place of, to serve as a
substitute for or successor of, or to fill the post of
an incumbent
Alquizola vs Ocol (1999)
The Code explicitly vests on the punong barangay, upon
approval by a majority of all the members of the
sangguniang barangay, the power to appoint or
replace the barangay treasurer, the barangay secretary,
and other appointive barangay officials.
Verily, the power of appointment is to be exercised
conjointly by the punong barangay and a majority of all
the members of the sangguniang barangay. Without such
conjoint action, neither an appointment nor a
replacement can be effectual.
14
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a
lupong tagapamayapa, lupon,
COMPOSITION: Punong barangay, as chairman and
10 to 20 members.
The lupon shall be constituted every 3 years in the
manner provided herein.
MEMBERS:
Any person actually residing or working, in the
barangay, not otherwise expressly disqualified by
law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and
reputation for probity, may be appointed a
member of the lupon.
A notice to constitute the lupon, including names
of proposed members who have expressed their
willingness to serve, shall be prepared by the
punong barangay within the first 15 days from
the start of his term of office.
Such notice shall be posted in 3 conspicuous
places in the barangay continuously for minimum
3 weeks;
The punong barangay shall within 10 days
thereafter, appoint as members those whom he
determines to be suitable therefor.
Appointments shall be in writing, signed by the
punong barangay, and attested to by the
barangay secretary.
The list of appointed members shall be posted in
three (3) conspicuous places in the barangay for
the entire duration of their term of office
Sec 399 vs PD 1508
Re Scope of Authority:
Includes criminal offenses punishable by
imprisonment less than 1 year or a fine less than
P5000
Re Venue:
Where workplace or institution of the parties in
dispute is located
Re Suspension of Prescriptive Periods of
Offenses:
Shall resume From receipt by the complainant of
the certificate of repu=diation or the certification
to file action issued by the lupon/ the pangkat
secretary
Suspension shall not exceed 60 days
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Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute
brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo,
pangkat, consisting of 3 members who shall be
chosen by the parties to the dispute from the list of
members of the lupon.
AUTHORITY of the LUPON:
Section 408. Subject Matter for Amicable
Settlement; Exception Thereto. - The lupon of each
barangay shall have authority to bring together the
parties actually residing in the same city or
municipality for amicable settlement of all disputes
except:
(1) Where one party is the government, or any
subdivision or instrumentality thereof;
(2) Where one party is a public officer or employee,
and the dispute relates to the performance of his
official functions;
(3) Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);
(4) Offenses where there is no private offended
party;
(5) Any complaint against corporations, partnerships
or judicial entities (since only individuals shall be
parties)
(6) Where the dispute involves real properties
located in different cities or municipalities
unless the parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;
(7) Disputes involving parties who actually reside in
barangays of different cities or municipalities,
except where such barangay units adjoin each
other and the parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon;
(8) Such other classes of disputes which the President
may determine in the interest of Justice or upon
the recommendation of the Secretary of Justice.
(9) The court in which non-criminal cases not falling
within the authority of the lupon under this Code
are filed may, at any time before trial motu propio
refer the case to the lupon concerned for amicable
settlement.
(10) In civil case:
a. Civil status of persons
b. Validity of marriage
c. Any ground for legal separation
d. Future support
e. Jurisdiction of the court
f. Future legitime
g. Criminal liability
(11) (Sec 412 (b)) Disputes where urgent legal action
is necessary to prevent injustice from being
15
committed or further continued, specifically the
following:
a. Criminal cases where accused is under
police custody or detention (See Sec. 412
(b)(1), Revised Katarungang
Pambarangay Law);
b. Petitions for habeas corpus by a person
illegally deprived of his rightful custody
over another or a person illegally
deprived of his liberty or one acting in his
behalf;
c. Actions coupled with provisional remedies
such as preliminary injunction,
attachment, delivery of personal property
and support during the pendency of the
action; and
d. Actions which may be barred by the
Statute of Limitations.
(12) Any class of disputes which the President may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
(13) Where the dispute arises from the
Comprehensive Agrarian Reform Law (CARL)
(Secs. 46 & 47, R.A. 6657);
(14) Labor disputes or controversies arising from
employer-employee relations (Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226,)
(15) Actions to annul judgment upon a compromise,
which may be filed directly in court (See Sanchez
vs. Tupaz, 158 SCRA 459).
Re Execution of Amicable Settlement
Section 417. Execution. - The amicable settlement or
arbitration award may be enforced by execution by
the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the
settlement may be enforced by action in the
appropriate city or municipal court.
Two-tiered mode of enforcement of an amicable
settlement executed by the parties before the
Lupon:
(a) by execution of the Punong Barangay which is
quasi-judicial and summary in nature on
mere motion of the party/parties entitled
thereto; and
(b) by an action in regular form, which remedy is
judicial.
Section 417 of the LGC grants a party a period of
six months to enforce the amicable settlement
by the Lupon through the Punong Barangay
before such party may resort to filing an action
with the MTC to enforce the settlement.
RATIO for the 6 month period:
LOCAL GOVERNMENT-DELA CRUZ 2014 |

to afford the parties during the six-month time
line, a simple, speedy and less expensive
enforcement of their settlement before the
Lupon.
WHEN to EXECUTE:
Katarungang Pambarangay Implementing Rules
and Regulations, Rule VII, Section 2 provides:
SECTION 2. Modes of Execution. - The
amicable settlement or arbitration award
may be enforced by execution by the Lupon
within six [6] months from date of the
settlement or date of receipt of the award or
from the date the obligation stipulated in the
settlement or adjudged in the arbitration
award becomes due and demandable.
Re ARBITRATION AWARD:
Section 411. Form of settlement.
REQUIREMENTS
All amicable settlements shall be
in writing,
in a language or dialect known to the parties,
signed by them, and
attested to by the lupon chairman/ pangkat
chairman
Section 413. Arbitration. -
The parties may, at any stage of the proceedings,
agree in writing that they shall abide by the
arbitration award of the lupon chairman or the
pangkat.
Such agreement to arbitrate may be repudiated
within five (5) days from the date thereof for the
same grounds and in accordance with the
procedure hereinafter prescribed.
The arbitration award shall be made after the
lapse of the period for repudiation and within ten
(10) days thereafter.
FORM:
The arbitration award shall be in writing in a
language or dialect known to the parties.
Section 415. Appearance of Parties in Person.
In all KP proceedings, the parties must appear in
person without the assistance of counsel or
representative, except for minors and
incompetents who may be assisted by their next-
of-kin who are not lawyers.
In Pang-et vs Manacnes-Dao-as (2007)
16
Re Object of the Katarungang Pambarangay:
Object is the the amicable settlement of
disputes through conciliation proceedings
voluntarily and freely entered into by the
parties.
Through this mechanism, the parties are
encouraged to settle their disputes without
enduring the rigors of court litigation
Nonetheless, the disputing parties are not
compelled to settle their controversy during the
barangay proceedings before the Lupon or the
Pangkat, as they are free to instead find recourse
in the courts16 in the event that no true
compromise is reached.
KEY in ACHIEVING OBJECTIVE:
The key in achieving the objectives of an effective
amicable settlement under the Katarungang
Pambarangay Law is the free and voluntary
agreement of the parties to submit the dispute
for adjudication either by the Lupon or the
Pangkat, whose award or decision shall be
binding upon them with the force and effect of a
final judgment of a court.
Absent this voluntary submission, there cannot
be a binding settlement arrived at effectively
resolving the case
The only necessary pre-condition before any case
falling within the Lupon/Pangkat may be filed
before a court is that there has been personal
confrontation between the parties but despite
earnest efforts to conciliate, there was a failure
to amicably settle the dispute.
Section 412. Conciliation.
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office
for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement has
been reached as certified by the lupon/pangkat secretary
as attested to by the lupon/pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties
may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
LOCAL GOVERNMENT-DELA CRUZ 2014 |

attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by the
statute of limitations.
(c) Conciliation among members of indigenous cultural
communities. - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
Re CONCILIATION: Compulsory in Nature
The barangay justice system was established
primarily as a means of easing up the
congestion of cases in the judicial courts.
This could be accomplished through a proceeding
before the barangay courts which is essentially
arbitration in character; and to make it truly
effective, it should also be compulsory
EFFECT OF AMICABLE SETTLEMENT AT
BARANGAY CONCILIATION
An amicable settlement reached at the barangay
conciliation proceedings, like the Kasunduang
Pag-aayos in this case, is binding between the
contracting parties and, upon its perfection, is
immediately executory insofar as it is not
contrary to law, good morals, good customs,
public order and public policy
Being a by-product of mutual concessions and
good faith of the parties, an amicable settlement
has the force and effect of res judicata even if not
judicially approved
ACTION UPON REACHING AGREEMENT:
Thus, under Section 417 of the LGC, such amicable
settlement or arbitration award may be enforced by
EXECUTION
1. by the Barangay Lupon within six (6) months
from the date of settlement, or
2. by filing an action to enforce such settlement
in the appropriate city or municipal court, if
beyond the six-month period.
AFTER EXECUTION
EFFECT: force and effect of a final judgment of a
court upon expiration of 10 days from date thereof
EXCEPTIONS:
(1) repudiated
GROUND FOR REPUDIATION:
Consent vitiated by force, violence or
intimidation
(2) a petition to nullify the award is filled before
the proper city or municipal court
17
The repudiation of the settlement shall be
sufficient basis for the issuance of a certification
to file a complaint
PROCEDURE OF EXECUTION:
(1) Disputants may file a motion with the Punong
Barangay for the execution
(2) On the day of filing of execution, Punong
Barangay to set hearing date not later than 5
days from filing
(3) Within 5 days from hearing, P.B to determine
WON voluntary compliance can be secured
If no voluntary compliance upon lapse of 5
days, he shall issue notice of executionin the
name of Lupon Tagapamayapa
Determine method of execution (pg 409)
REMEDIES IF REPUDIATED
If the amicable settlement is repudiated by one
party, either expressly or impliedly, the other
party has two options, namely, to enforce the
compromise in accordance with the LGC or Rules
of Court as the case may be, or to consider it
rescinded and insist upon his original demand.
Miguel vs Montanez (2012)
In the instant case, the respondent did not comply with
the terms and conditions of the Kasunduang Pag-aayos.
Such non-compliance may be construed as repudiation
because it denotes that the respondent did not intend to
be bound by the terms thereof, thereby negating the very
purpose for which it was executed. Perforce, the
petitioner has the option either to enforce the
Kasunduang Pag-aayos, or to regard it as rescinded and
insist upon his original demand,
SANGGUNIANG KABATAAN
Section 423. Creation and Election. -
COMPOSITION:
a chairman, seven (7) members, a secretary,
and a treasurer.
Associated Labor Union vs Letrondo-Montejo
(1994)
The Sanguniang Kabataan (SK) is part of the local
government structure.
Hence, the election for member of the SK may properly
be considered a "local election" within the meaning of
Art. VII, sec. 3 of the CBA and the day on which it is held
to be a holiday, thereby entitling petitioner's members
Section 424. Katipunan ng Kabataan.
COMPOSITION:
LOCAL GOVERNMENT-DELA CRUZ 2014 |

all citizens of the Philippines actually residing
in the barangay for at least 6 months, who are
fifteen (15) but not more than twenty-one (21)
years of age duly registered in the list of the
sangguniang kabataan or in the official barangay list
in the custody of the barangay secretary.
SK elective official must be exactly 21 on election
day
PURPOSE OF KATIPUNAN:
sought to provide its members a medium to
express their views and opinions and participate
in issues of transcendental importance
Section 425. Meetings of the Katipunan ng
Kabataan.
WHEN: at least once every three (3) months, or at the
call of the chairman or upon written petition of at
least 1/20 of its members
PURPOSE: to decide on important issues affecting
the youth of the barangay.
Section 426. Powers and Functions of the
Sangguniang Kabataan
(a) Promulgate resolutions necessary to carry out
the objectives of the youth in the barangay
(b) Initiate programs designed to enhance the social,
political, economic, cultural, intellectual, moral,
spiritual, and physical development of the
members;
(c) Hold fund-raising activities, the proceeds of
which shall be tax-exempt and shall accrue to the
general fund of the sangguniang kabataan
(d) Create such bodies or committees as it may deem
necessary to effectively carry out its programs
and activities;
Section 427. Meetings of the Sangguniang
Kabataan
Section 428. Qualifications.
Filipino citizen,
a qualified voter of the katipunan ng
kabataan,
a resident of the barangay for at least 1 year
immediately prior to election,
at least 15 years but not more than 21
years of age on the day of his election,
able to read and write Filipino, English, or the
local dialect,
and must not have been convicted of any
crime involving moral turpitude.
18
Re AGE of KATIPUNAN MEMBER vs AGE of Elective
SK OFFICIAL:
Garvida vs Sales, Jr. (1997)
a distinction between the maximum age of a
member in the Katipunan ng Kabataan and the
maximum age of an elective SK official. Section 424
of the Code sets a member's maximum age at 21
years only. There is no further provision as to when
the member shall have turned 21 years of age. On
the other hand, Section 428 provides that the
maximum age of an elective SK official is 21 years
old "on the day of his election."
The addition of the phrase "on the day of his
election" is an additional qualification. The
member may be more than 21 years of age on
election day or on the day he registers as
member of the Katipunan ng Kabataan. The
elective official, however, must not be more
than 21 years old on the day of election
Re AGE QUALIFICATION of ELECTIVESK OFFICIAL:
GEN RULE: an elective official of the SK must not
be more than 21 years of age on the day of his
election.
EXCEPTION: when the official reaches the age of
21 years during his incumbency. Sec 423 [b] allows
him to serve the remaining portion of the term for
which he was elected.
According to Senator Pimentel, the youth leader
must have "been elected prior to his 21st
birthday.
Conversely, the SK official must not have turned
21 years old before his election.
Sec 423 [b] together with Sec 428 of the Code: the
latest date at which an SK elective official turns
21 years old is on the day of his election
The maximum age of a youth official must
therefore be exactly 21 years on election day.
Section 429. Term of Office.
3 years
HOW REMOVED:
o for cause as provided by law,
o permanently incapacitated,
o die or
o resign from office.
Section 430. Sangguniang Kabataan Chairman.
chairman shall automatically serve as an ex
officio member of the SB upon his assumption to
office.
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As such, he shall exercise the same powers,
discharge the same duties and functions, and
enjoy the same privileges as the regular
sangguniang barangay members,
and shall be the chairman of the committee on
youth and sports development in the said
sanggunian.
SK chairmans status as an ex-officio sangguniang
barangay member does not make him an elective
barangay official
WHY? Because law specifically provides who are
its elective members
Section 435. Succession and Filling of Vacancies. -
WHEN: (a) In case a sangguniang kabataan chairman:
1. refuses to assume office,
2. fails to qualify,
3. is convicted of a felony,
4. voluntarily resigns,
5. dies,
6. is permanently incapacitated,
7. is removed from office,
8. or has been absent without leave for more
than three (3) consecutive months,
9. is suspended
Eligibility means being legally qualified
Ineligibility is not one of the grounds for SK
chairman succession
Re ELIGIBILITY:
The requirement that a candidate possess the age
qualification is founded on public policy and if he
lacks the age on the day of the election, he can be
declared ineligible.
In the same vein, if the candidate is over the
maximum age limit on the day of the election, he
is ineligible.
The fact that the candidate was elected will not
make the age requirement directory, nor will it
validate his election. The will of the people as
expressed through the ballot cannot cure the
vice of ineligibility (Garvida vs Sales, Jr.)
WHO SHALL TAKE OVER:
SK member who obtained the next highest votes
in the election
In case the said member refuses to assume the
position or fails to qualify, the SK member with
next highest votes shall assume the position
19
Where 2 or more members obtained the same
next highest votes, the other SK members shall
conduct an election to choose the successor
After the vacancy shall have been filled, the SK
chairman shall call a special election to complete
the membership of said sanggunian.
Section 436. Pederasyon ng mga Kabataan. -
(a) There shall be an organization of all the
pederasyon ng mga sangguniang kabataan to be
known as follows:
in municipalities pambayang pederasyon
ng mga sangguniang
kabataan (PSK)
in cities panlungsod na PSK
in provinces panlalawigang PSK
in special metropolitan Pangmetropolitan PSK
political subdivisions
on the national level Pambansang PSK
Section 437. Constitution and By-Laws.
The term of office, manner of election, removal
and suspension of the officers of the PSK at all
levels shall be governed by the constitution and
by-laws of the pederasyon in conformity with the
provisions of this Code and national policies on
youth.
CHAPTER X: Linggo ng Kabataan
Section 439. Observance of Linggo ng Kabataan. -
(a) Every LGU shall conduct an annual activity to be
known as the Linggo ng Kabataan on such date as
shall be determined by the Office of the President.
FUNCTIONS OF NATIONAL YOUTH COMMISION
(RA 8044)
1. To establish a consultative mechanism which
shall provide a forum for continuing dialogue
between the govt and youth sector on
policies, programs and projects for the youth
2. To provide training and a national secretariat
for the SK Natl Federation
THE MUNICIPALITY
Role and Creation of the Municipality
Section 440. Role of the Municipality.
COMPOSITION: consisting of a group of barangays,
PURPOSE: for the coordination and delivery of
basic, regular and direct services and effective
governance of the inhabitants within its territorial
jurisdiction.
LOCAL GOVERNMENT-DELA CRUZ 2014 |

Municipal Officials in General
Section 443. Officials of the Municipal Government.
municipal mayor,
vice-mayor,
sangguniang bayan members,
a secretary to the sangguniang bayan,
a municipal treasurer,
assessor,
accountant,
budget officer,
planning and development coordinator,
engineer/building official,
health officer
civil registrar.
OTHER OFFICERS:
a municipal administrator, a municipal legal
officer, a municipal agriculturist, a municipal
environment and natural resources officer, a
municipal social welfare and development officer, a
municipal architect, and a municipal information
officer.
Re Appointment of Private Legal Counsel of
Municipalities:
RULE: the 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.
LIMITATIONS: When May Municipality employ a
private counsel:
(municipality's authority to employ a private
attorney is expressly limited only to situations)
i. where the provincial fiscal would be
disqualified to represent in court a particular
municipality
ii. if and when original jurisdiction of case
involving the municipality is vested in the
Supreme Court,
iii. when the municipality is a party adverse to
the provincial government or to some other
municipality in the same province, and
iv. when, in a case involving the municipality, he,
or his wife, or child, is pecuniarily involved, as
heir legatee, creditor or otherwise.
Alinsug vs RTC, San Carlos, Negros Occidental
(1993)
Sec 443 vis a viz Sec 481
20
It can happen that a government official, ostensibly
acting in his official capacity and sued in that
capacity, is later held to have exceeded his
authority. On the one hand, his defense would have
then been underwritten by the people's money
which ordinarily should have been his personal
expense. On the other hand, personal liability can
attach to him without, however, his having had the
benefit of assistance of a counsel of his own choice.
In Correa v. CFI of Bulacan, 10 the Court held that in
the discharge of governmental functions,
"municipal corporations are responsible for the
acts of its officers, except if and when, the only
to the extent that, they have acted by authority
of the law, and in conformity with the
requirements thereof."
The key then to resolving the issue of whether a
local government official may secure the services
of private counsel, in an action filed against him
in his official capacity, lies on the nature of the
action and the relief that is sought.
Re APPOINTMENTS:
Unless otherwise provided herein, heads of depts
and offices shall be appointed by the municipal
mayor with the concurrence of the majority of
all the sangguniang bayan members, subject to
civil service law, rules and regulations.
The sangguniang bayan shall act on the
appointment within fifteen (15) days from the
date of its submission; otherwise, the same shall
be deemed confirmed.
Re SALARY:
As may be determined by law or ordinance, subject to
the budgetary limitations
no increase in compensation of the mayor, vice-
mayor, and SB members shall take effect until after
the expiration of the full term of all the elective
local officials approving such increase.
The Municipal Mayor
Section 444. The Chief Executive: Powers, Duties,
Functions and Compensation. -
OBJECTIVE: For efficient, effective and economical
governance the purpose of which is the general
welfare of the municipality and its inhabitants
DUTIES of the MAYOR:
(1) Exercise general supervision and control over
all programs, projects, services, and activities of
the municipal government, and in this
connection, shall:
LOCAL GOVERNMENT-DELA CRUZ 2014 |

(2) implement all approved policies, programs,
projects, services and activities of the
municipality and, in addition to the foregoing,
shall:
(3) Initiate and maximize the generation of
resources and revenues, and apply the same to
the implementation of development plans,
program objectives and priorities particularly
those resources and revenues programmed for
gro-industrial development and country-wide
growth and progress, and relative thereto, shall:
i. Require each head of an office or department
to prepare and submit an estimate of
appropriations for the ensuing calendar
year
ii. Prepare and submit to the sanggunian for
approval the executive and supplemental
budgets of the municipality for the ensuing
calendar year
iii. Ensure that all taxes and other revenues of
the municipality are collected and that
municipal funds are applied in accordance
with law or ordinance to the payment of
expenses and settlement of obligations of the
municipality;
iv. Issue licenses and permits and suspend or
revoke the same for any violation of the
conditions
v. Issue permits, without need of approval
therefor from any national agency, for the
holding of activities for any charitable or
welfare purpose, excluding prohibited
games of chance or shows contrary to law,
public policy and public morals;
vi. Require owners of illegally constructed
houses, buildings or other structures to
obtain the necessary permit, subject to
such fines and penalties as may be imposed
by law or ordinance, or to make necessary
changes in the construction of the same
when said construction violates any law or
ordinance, or to order the demolition or
removal of said house, building or structure
within the period prescribed by law or
ordinance;
vii. Adopt adequate measures to safeguard
and conserve land, mineral, marine,
forest, and other resources of the
municipality; provide efficient and effective
property and supply management in the
municipality; and protect the funds, credits,
rights and other properties of the
municipality; and
21
viii. Institute or cause to be instituted
administrative or judicial proceedings for
violation of ordinances in the collection of
taxes, fees or charges, and for the recovery of
funds and property; and cause the
municipality to be defended against all suits
to ensure that its interests, resources and
rights shall be adequately protected;
(4) Ensure the delivery of basic services and the
provision of adequate facilities
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
Salary Grade twenty-seven (27)
The Vice Mayor
Section 445. Powers, Duties and Compensation. -
(1) Be the presiding officer of the SB and sign all
warrants drawn on the municipal treasury for all
expenditures appropriated for the operation of
the sangguniang bayan;
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the
sangguniang bayan, except those whose manner
of appointment is specifically provided in this
Code;
(3) Assume the office of the municipal mayor for the
unexpired term of the latter in the event of
permanent vacancy
(4) Exercise the powers and perform the duties and
functions of the municipal mayor in cases of
temporary vacancy and
(5) Exercise such other powers and perform other
duties as may be prescribed by law or ordinance.
Re SALARY:
Salary Grade twenty five (25) as prescribed
The Sangguniang Bayan
Section 446. Composition. -
COMPOSITION:
vice mayor as the presiding officer,
the regular sanggunian members,
the president of the municipal chapter of the
liga ng mga barangay,
the president of the pambayang pederasyon
ng mga sangguniang kabataan,
and the sectoral representatives, as members.
3 sectoral representatives: one (1) from the
women; and as shall be determined by the
sanggunian concerned within 90 days prior to the
holding of local elections, one (1) from the
agricultural or industrial workers, and one (1) from
LOCAL GOVERNMENT-DELA CRUZ 2014 |

other sectors, including the urban poor, indigenous
cultural communities, or disabled persons.
Section 447. Powers, Duties, Functions and
Compensation. -
(a) The sangguniang bayan, as the legislative body
of the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants and in
the proper exercise of the corporate powers of the
municipality
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective
municipal government,
(2) Generate and maximize the use of resources
and revenues for the development plans,
program objectives and priorities of the
municipality with particular attention to agro-
industrial development and countryside growth
and progress
(3) Grant franchises, enact ordinances
authorizing the issuance of permits or
licenses, or enact ordinances levying taxes,
fees and charges upon such conditions and for
such purposes intended to promote the general
welfare of the inhabitants of the municipality,
(4) Regulate activities relative to the use of land,
buildings and structures within the
municipality in order to promote the general
welfare and for said purpose shall:
(5) Declare, prevent or abate any nuisance;
(6) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities
(7) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
Salary Grade 24
That, in municipalities in Metropolitan Manila
Area and other metropolitan political
subdivisions, SB members are Salary grade 25.
THE CITY
Section 448. Role of the City.
COMPOSITION: consisting of more urbanized and
developed barangays
PURPOSE: as a general purpose government for the
coordination and delivery of basic, regular, and direct
services and effective governance of the inhabitants
within its territorial jurisdiction.
Section 449. Manner of Creation.
22
Section 451. Cities, Classified.
1. A component city or
Independent component cities
DEF: those whose charters prohibit their voters from
voting for provincial elective officials. They shall be
independent of the province.
2. highly urbanized
Re Classification:
Qualified voters of highy urbanized cities are
excluded from voting for elective provincial
officials
Participation of qualified voters of ind.
Component cities n provincial directors shall be
governed by their respective charters
Provincial Governor only has supervisory power
over:
o Component cities and
o Municipalities within the territorial
jurisdiction of the province
Thus, Eos of mayors of highly urbanized cities are
not reviewable by the prov. Governor
Ordinances of highly urbanized cities are not
reviewable by the sangguniang panlalawigan
Section 452. Highly Urbanized Cities. (HUC)
WHAT:
POPULATION At least 200,000
inhabitants as certified
by NSO
INCOME At least 50M based on
1991 constant prices, as
certified by the city
treasurer
Cities which do not meet above requirements
shall be considered component cities of the
province in which they are geographically
located.
If a component city is located within the
boundaries of two (2) or more provinces, such
city shall be considered a component of the
province of which it used to be a municipality.
Re Voting of Provincial Officials:
Qualified voters of HUCs shall remain excluded
from voting for elective provincial officials.
Qualified voters of independent component
cities shall be governed by their respective
charters, as amended, on the participation of
voters in provincial elections.
LOCAL GOVERNMENT-DELA CRUZ 2014 |

Qualified voters of cities who acquired the right
to vote for elective provincial officials prior to the
classification of said cities as highly-urbanized
shall continue to exercise such right.
Section 453. Duty to Declare Highly Urbanized
Status.
WHO SHALL DECLARE: duty of the President to
declare a city as highly urbanized
WHEN: within thirty (30) days
HOW:
after it shall have met the minimum
requirements prescribed,
upon proper application therefor and
ratification in a plebiscite by the qualified
voters therein.
Section 454. Officials of the City Government.
WHO:
There shall be in each city a mayor, a vice-mayor,
sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer, a city
assessor, a city accountant, a city budget officer, a city
planning and development coordinator, a city
engineer, a city health officer, a city civil registrar, a
city administrator, a city legal officer, a city
veterinarian, a city social welfare and development
officer, and a city general services officer.
WHO ELSE:
a city architect, a city information officer, a city
agriculturist, a city population officer (optional), a
city environment and natural resources officer, and a
city cooperatives officer.
WHO WILL APPOINT:
Heads of departments and offices shall be appointed
by the city mayor with the concurrence of the
majority of all the sangguniang panlungsod
members, subject to civil service law, rules and
regulations.
The CITY MAYOR
Section 455. Chief Executive; Powers, Duties and
Compensation.
(1) Exercise general supervision and control over
all programs, projects, services, and activities of
the city government.
(2) Enforce all laws and ordinances relative to the
governance of the city and in the exercise of the
appropriate corporate powers, implement all
approved policies, programs, projects, services
and activities of the city
23
(3) Initiate and maximize the generation of
resources and revenues, and apply the same to
the implementation of development plans,
program objectives and priorities, particularly
those resources and revenues programmed for
agro-industrial development and countryside
growth and progress
(4) Ensure the delivery of basic services and the
provision of adequate facilities
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
WHERE: in the city hall.
Re SALARY: Salary Grade Thirty (30)
Re MAYOR as National Police Commission
(NAPOLCOM) deputy:
(1) Formulates and implements the law and order
plan of the municipality
(2) Exercise general and operational control and
supervision over local police forces in the
municipality
a. Power to employ and deploy PNP units or
elements to ensure public safety
Power to appoint (Sec 3)
Power to contract (Sec 22)
Power to issue permits (Sec 48)
Power to review Punong Barangays
Executive Orders (Sec 30)
Power to discipline
o Not incongruent with the power of
department heads to impose
disciplinary actions over their
employees
Re Power to Issue PERMITS:
Gordon vs Veridiano II (1988)
The power to approve a license includes by
implication,. even if not expressly granted, the
power to revoke it. By extension, the power to
revoke is limited by the authority to grant the
license, from which it is derived in the first place.
Thus, if the FDA grants a license upon its finding
that the applicant drug store has complied with the
requirements of the general laws and the
implementing administrative rules and regulations,
it is only for their violation that the FDA may revoke
the said license.
Conversely, the mayor may not revoke his own
permit on the ground that the compliance with the
conditions laid down and found satisfactory by the
LOCAL GOVERNMENT-DELA CRUZ 2014 |

FDA when it issued its license is in his own view not
acceptable.
Acebedo Optical Co. vs CA (2000)
Re LICENSE NOT being a CONTRACT
a license or a permit is not a contract between
the sovereignty and the licensee or permitee,
and is not a property in the constitutional sense, as
to which the constitutional proscription against
impairment of the obligation of contracts may
extend.
A license is rather in the nature of a special
privilege, of a permission or authority to do what is
within its terms. It is not in any way vested,
permanent or absolute.
Re NATURE OF PERMITS:
The issuance of business licenses and permits
by a municipality or city is essentially
regulatory in nature. The authority, which
devolved upon local government units to issue or
grant such licenses or permits, is essentially in the
exercise of the police power of the State within the
contemplation of the general welfare clause of the
Local Government Code.
Re Jurisdiction:
Sandiganbayan has jurisdiction over criminal
actions where accused are city officials (or those
with Salary grade 27 and up)
If salary grade below, RTC, MTC jurisdiction
The CITY VICE MAYOR
Section 456. Powers, Duties and Compensation.
(1) Be the presiding officer of the sangguniang
panlungsod and sign all warrants drawn on the
city treasury for all expenditures appropriated
for the operation of the sangguniang panlungsod;
Municipal Warrant
DEF:instrument in the form of bill of exchange or
order drawn by a municipal officer upon its
treasurer, directing him to pay amount specified.
It is a non-negotiable obligation of a mun corp given
for an indebtedness created prior to its issuance
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the
sangguniang panlungsod, except those whose
manner of appointment is specifically provided in
this Code;
24
(3) Assume the office of the city mayor for the
unexpired term of the latter in the event of
permanent vacancy
(4) Exercise the powers and perform the duties and
functions of the city mayor in cases of
temporary vacancy
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
Salary Grade 28 for a highly urbanized city and
Salary Grade 26 for a component city
Section 457. The Sangguniang Panlungsod
COMPOSITION:
(a) The sangguniang panlungsod, the legislative body
of the city, shall be composed of the
city vice-mayor as presiding officer,
the regular sanggunian members,
the president of the city chapter of the liga ng
mga barangay,
the president of the panlungsod na
pederasyon ng mga sangguniang kabataan,
and the sectoral representatives, as members.
IN ADDITION:
3 sectoral representatives:
one (1) from the women; and as shall be
determined by the sanggunian concerned
within ninety (90) days prior to the holding of
the local elections,
one (1) from agricultural or industrial
workers; and
one (1) from the other sectors, including the
urban poor, indigenous cultural communities,
or disabled persons.
VICENCIO VS VILLAR (2013)
Under this provision, therefore, there is no inherent
authority on the part of the city vice-mayor to enter
into contracts on behalf of the LGU, unlike that
provided for the city mayor. Thus, the authority of
the vice-mayor to enter into contracts on behalf of
the city was strictly circumscribed by the ordinance
granting it. Ordinance No. 15-2003 specifically
authorized Vice-Mayor Yambao to enter into
contracts for consultancy services. As this is not a
power or duty given under the law to the Office of
the Vice-Mayor, Ordinance No. 15-2003 cannot be
construed as a continuing authority for any
person who enters the Office of the Vice-Mayor to
enter into subsequent, albeit similar, contracts.
LOCAL GOVERNMENT-DELA CRUZ 2014 |

SANGGUNIANG PANLUNGSOD
Section 458. Powers, Duties, Functions and
Compensation.
(a) The sangguniang panlungsod, as the legislative
body of the city, shall enact ordinances, approve
resolutions and appropriate funds for the general
welfare of the city and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of
the corporate powers of the city as provided for
under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective city
government,
(2) Generate and maximize the use of resources and
revenues for the development plans, program
objectives and priorities of the city as provided
for under Section 18 of this Code, with particular
attention to agro-industrial development and
city-wide growth and progress
(3) Subject to the provisions of Book II of this Code,
enact ordinances granting franchises and
authorizing the issuance of permits or licenses,
upon such conditions and for such purposes
intended to promote the general welfare of the
inhabitants of the city
(4) Regulate activities relative to the use of land,
buildings and structures within the city in order
to promote the general welfare
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic
services and facilities as provided for under
Section 17 of this Code,
(6) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
sangguniang panlungsod of component cities - Salary
Grade 25 and
sangguniang panlungsod of highly-urbanized cities
shall receive a minimum monthly compensation
corresponding to Salary Grade 27
THE PROVINCE
CHAPTER I
Role and Creation of the Province
Section 459. Role of the Province.
COMPOSITION: composed of cluster of
municipalities, or municipalities and component
cities
25
PURPOSE: as a political and corporate unit of
government, serves as dynamic mechanism for
developmental processes and effective governance of
LGUs within its territorial jurisdiction.
Section 460. Manner of Creation.
Section 462. Existing Sub-Provinces.
Existing sub-provinces are converted into regular
provinces upon approval by a majority in a plebiscite
The new legislative districts created as a result of
such conversion shall continue to be represented in
Congress by the duly-elected representatives of the
Provincial Officials in General
Section 463. Officials of the Provincial Government.
a governor, a vice-governor, members of the
sangguniang panlalawigan, a secretary to the
sangguniang panlalawigan, a provincial treasurer, a
provincial assessor, a provincial accountant, a
provincial engineer, a provincial budget officer, a
provincial planning and development coordinator, a
provincial legal officer, a provincial administrator, a
provincial health officer, a provincial social welfare
and development officer, a provincial general
services officer, a provincial agriculturist, and a
provincial veterinarian.
IN ADDITION:
The governor may appoint a provincial population
officer (optional), a provincial natural resources and
environment officer, a provincial cooperative officer,
a provincial architect, and a provincial information
officer.
HOW APPOINTED:
appointed by the governor with the concurrence
of the majority of all the sangguniang
panlalawigan members
The PROVINCIAL GOVERNOR
Section 465. The Chief Executive:
WHO: provincial governor, as the chief executive of
the provincial government,
POWERS and DUTIES:
(1) Exercise general supervision and control over
all programs, projects, services, and activities of
the provincial government
(2) Enforce all laws and ordinances relative to the
governance of the province and the exercise of
the appropriate corporate powers provided for
under Section 22 of this Code, implement all
approved policies, programs, projects, services
and activities of the province
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(3) Initiate and maximize the generation of
resources and revenues, and apply the same to
the implementation of development plans,
program objectives and priorities as provided for
under Section 18 of this Code, particularly those
resources and revenues programmed for agro-
industrial development and country-wide growth
and progress
(4) Ensure the delivery of basic services and the
provision of adequate facilities
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
Salary Grade 30
The VICE GOVERNOR
Section 466. Powers, Duties, and Compensation.
POWERS and DUTIES:
(1) Be the presiding officer of the sangguniang
panlalawigan and sign all warrants drawn on
the provincial treasury for all expenditures
appropriated for the operation of the
sangguniang panlalawigan;
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the
sangguniang panlalawigan, except those whose
manner of appointment is specially provided in
this Code;
(3) Assume the office of the governor for the
unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44,
Book I of this Code;
(4) Exercise the powers and perform the duties and
functions of the governor in cases of temporary
vacancy
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY:
Salary Grade 28
THE SANGGUNIANG PANLALAWIGAN
Section 467. Composition.
WHO: The sangguniang panlalawigan, the legislative
body of the province,
COMPOSITION:
provincial vice-governor as presiding officer,
the regular sanggunian members,
the president of the provincial chapter of the liga ng
mga barangay,
the president of the panlalawigang pederasyon ng
mga sangguniang kabataan,
26
the president of the provincial federation of
sanggunian members of municipalities and
component cities and the sectoral representatives, as
members.
OTHER OFFICIALS
3 sectoral representatives:
Section 468.
Powers, Duties, Functions
The sangguniang panlalawigan, as the legislative
body of the province, shall enact ordinances,
approve resolutions and appropriate funds for
the general welfare of the province and its
inhabitants pursuant in the proper exercise of the
corporate powers of the province as provided for
under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective provincial
government
(2) Generate and maximize the use of resources and
revenues for the development plans, program
objectives and priorities of the province as with
particular attention to agro-industrial
development and country-wide growth and
progress
(3) grant franchises, approve the issuance of permits
or licenses, or enact ordinances levying taxes,
fees and charges upon such conditions and for
such purposes intended to promote the general
welfare of the inhabitants of the province
(4) Approve ordinances which shall ensure the
efficient and effective delivery of basic services
and facilities
(5) Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.
Re SALARY: Salary Grade 27
LEAGUES OF LGUs
Liga ng Mga Barangay
Section 491.
WHAT: organization of all barangays to be known as
the liga ng mga barangay
Purpose of Organization.
i. determining the representation of the Liga in
the sanggunians, and
ii. for ventilating, articulating and crystallizing
issues affecting barangay government
administration and securing, through proper
and legal means, solutions thereto.
COMPOSITION:
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Chapters at the municipal, city, provincial and
metropolitan political subdivision levels.
municipal and city barangay representatives
chapters of the liga of municipal and city
barangays respectively
provincial chapter duly elected presidents of
or the metropolitan component municipal and
political subdivision city chapters.
chapter
the National Liga ng duly elected presidents of
mga Barangay. highly-urbanized cities,
provincial chapters, the
Metropolitan Manila
chapter and
metropolitan political
subdivision chapters
Q: Does the Presidents power of supervision
extend to the liga ng mga barangay which is not
an LGU?
H: YES!
National Liga ng mga Barangay vs Paredes
(2004)
The liga ng mga barangay is a government
organization, being an association, federation,
league or union created by law or by authority of
law, whose members are either appointed or
elected government officials.
The Liga is an aggroupment of barangays which
are in turn represented therein by their
respective punong barangays. The representatives
of the Liga sit in an ex officio capacity at the
municipal, city and provincial sanggunians. As
such, they enjoy all the powers and discharge all
the functions of regular municipal
councilors. Thus, the Liga is the vehicle through
which the barangay participates in the enactment
of ordinances and formulation of policies at all the
legislative local levels higher than the sangguniang
barangay, at the same time serving as the
mechanism for the bottom-to-top approach of
development.
Re Scope of DILGs (as Presidents alter-ego)
power over the LIGA:
As the entity exercising supervision over the Liga
ng mga Barangay, the DILGs authority over
the Liga is limited to seeing to it that the rules are
followed, but it cannot lay down such rules itself,
nor does it have the discretion to modify or
replace them.
27
The most that the DILG could do was review the
acts of the incumbent officers of the Liga in the
conduct of the elections to determine if they
committed any violation of the Ligas
Constitution and By-laws and its implementing
rules.
Neither had the DILG the authority to remove the
incumbent officers of the Liga and replace them,
even temporarily, with unelected Liga officers.
Section 494. Ex-Officio Membership in
Sanggunians.
The duly elected presidents of the liga at the
municipal, city and provincial levels, including the
component cities and municipalities of Metropolitan
Manila, shall serve as ex-officio members of the
sangguniang bayan, sangguniang panlungsod,
sangguniang panlalawigan, respectively.
Section 495. Powers, Functions and Duties of the
Liga ng mga Barangay.
a. Give priority to programs designed for the total
development of the barangays and in consonance
with the policies, programs and projects of the
national government;
b. Assist in the education of barangay residents for
people's participation in local government
administration in order to promote united and
concerted action to achieve country-wide
development goals;
c. Supplement the efforts of government in creating
gainful employment within the barangay;
d. Adopt measures to promote the welfare of
barangay officials;
e. Serve as a forum of the barangays in order to
forge linkages with government and non-
governmental organizations and thereby
promote the social, economic and political well-
being of the barangays; and
f. Exercise such other powers and perform such
other duties and functions which will bring about
stronger ties between barangays and promote
the welfare of the barangay inhabitants.
Section 498. Powers, Functions and Duties of the
League of Municipalities/ cities/ provinces.
a. Assist the national government in the formulation
and implementation of the policies, programs and
projects affecting municipalities as a whole;
b. Promote local autonomy at the municipal level;
c. Adopt measures for the promotion of the welfare
of all municipalities and its officials and
employees;
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 28

d. Encourage people's participation in local

government administration in order to promote
united and concerted action for the attainment of
country-wide development goals;
e. Supplement the efforts of the national
government in creating opportunities for gainful
employment within the municipalities;
f. Give priority to programs designed for the total
development of the municipalities in consonance
with the policies, programs and projects of the
national government;
g. Serve as a forum for crystallizing and expressing
ideas, seeking the necessary assistance of the
national government, and providing the private
sector avenues for cooperation in the promotion
of the welfare of the municipalities; and
h. Exercise such other powers and perform such
other duties and functions as the league may
prescribe for the welfare of the municipalities.

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