LOCAL GOVERNMENT - Ensure that laws are faithfully executed

Article X • President over LGUs

COMMON PROVISIONS • Provinces over component cities and
municipalities
1. Scope • Cities and municipalities over component
Territorial and political subdivisions (Sec. 1) barangays
- Provinces, cities, municipalities and barangays
- Local autonomy (Sec. 2) 4. Powers (Sec. 5)
• Autonomy
 subject to power of control by Congress and power of *Magtajas v. Pryce Properties (casino)
general supervision by President (Dadole-2002) *LLDA v. CA (pollution)
*San Juan v. CSC (recommendation for budget
Autonomous regions: officer)
- Muslim Mindanao and • Create own sources of revenue
- the Cordilleras • Levy taxes, fees and charges
- Subject to Congressional limitations and
guidelines but cannot be limited by
Special metropolitan subdivisions (Sec. 11) administrative order (*PPC v. Pililla)
- Created by law - Consistent with policy of local
- Subject to a plebiscite autonomy
- Components retain basic autonomy 5. Rights
- Jurisdiction limited to basic services requiring • Just share in national taxes (Sec. 6)
coordination - Automatically released
- As determined by law
 MMDA’s function are administrative in nature; it does *Pimentel v. Aguirre – AO 372/IRA
not possess police power (*MMDA v. Bel Air) • Equitable share in proceeds of the utilization
and development of the national wealth
• LGU voluntary groupings (Sec. 13) within their respective areas (Sec. 7)
- consolidate efforts for purposes commonly - In the manner provided by law
beneficial
• Regional Development Councils (Sec. 14) • Non-alteration of political units (Sec. 10)
- Created by President - Creation, merger, abolishment or
- Strengthen autonomy boundary substantially altered
- Accelerate economic and social growth - In accordance with criteria established in LGC
- Subject to approval in a plebiscite in the political
units directly affected

2. Implementing Legislation  all political units affected should participate in the

• Local Government Code (Sec. 3) plebiscite (*Tan v. Comelec)
- responsive and accountable local
government 6. LGU Officials
- decentralized structure  Term (Sec. 8)
- 3 years
 decentralization of administration v. decentralization - Not more than 3 consecutive terms
of power
- Effective mechanism of recall, initiative and  elected and served three consecutive terms (*Borja v.
referendum Comelec)
- Allocate among LGUs their powers, - voluntary renunciation
responsibilities and resources
- provide for qualifications, election, appointment • Sectoral Representation (Sec. 9)
and
removal, term, salaries, powers and functions, and 7. Cities
duties of local • Highly urbanized, as determined by law
officials • Component cities whose charters prohibit
- other matters relating to the organization and their voters from voting for provincial
operation of LGUs officials
- RA 7160 - Independent of province
3. Supervisory Authority (Sec. 4) - Residents cannot run for a provincial
• Difference with control elective office (*Abella v. Comelec)
- Ensure that acts are within scope of powers and
functions
 • Component cities whose charters contain no
prohibition
•
AUTONOMOUS REGIONS
1. Scope
• Muslim Minadanao and the Codilleras
- Provinces, cities, municipalities and
geographical areas
- Sharing common characteristics
 It is possible for a cluster of barangays within one
province to belong to an autonomous
region
 One province cannot constitute an autonomous region
*Ordillo v. Comelec (Ifugao)

2. Organic Act (Sec. 18)

• Congress with assistance from regional
consultative commission
• Within 18 months (Sec. 19)
• Basic structure of government
- consistent with Constitution and national laws
• Creation of autonomous region effective
when approved in plebiscite

3. Powers
• limited authority - conferred by Congress
(Sec. 17)
• legislative powers over economic and social
issues (Sec. 20)
• peace and order responsibility of local police
agencies in accordance with law (Sec. 21)
• Defense and security, foreign relations, foreign
trade, currency and banking responsibility of
National Government
• President exercises general supervision
(Sec. 16)
- Ensure that laws are faithfully executed

ACCOUNTABILITY OF PUBLIC OFFICERS
ARTICLE XI
1. Rationale: Public office is a public trust (Sec. 1)
 Accountable
 Serve with responsibility,
integrity, loyalty and efficiency,
patriotism and justice
 Lead modest lives
2. Removal
 For cause
 Career service or coterminous
serve with responsibility, integrity, loyalty and
efficiency, patriotism and justice
3. Impeachment
 Impeachable officers (Sec. 2)
- President and Vice President
- Members of Supreme Court
- Members of Constitutional Commissions
- Ombudsman
• Impeachable offenses (Sec. 2)
- Culpable violation of the Constitution
- Treason
- Bribery
- Graft and corruption
- Other high crimes
- Betrayal of public trust
4. Impeachment Process
 Complaint filed by Representative or by
any citizen upon a resolution of
endorsement by any Representative
(House has exclusive power to initiate
cases of impeachment)
 Complaint filed by 1/3 of House
constitutes Articles of Impeachment
 Can the complaint be amended?
 Creeping impeachment
 Included in Order of Business within 10
session days and referred to proper
Committee within 3 session days
 Referral ministerial?
• Committee conducts hearing and by
majority vote submits its report to the
House within 60 session days with
resolution
Form
Substance
Probable cause
Calendared for consideration by House within 10 session
days
1/3 of all Representatives needed to affirm
or override Committee resolution
Senate tries and decides cases of
impeachment
Presiding officer
- Senate President
- Chief Justice
• Conviction requires concurrence of 2/3 of
all Senators
• Purpose of impeachment is not to punish
but only to remove
5. Impeachment Safeguards
 Vote of each Representative recorded
 Senators shall be on oath or affirmation
 No impeachment proceedings initiated
against the same official more than once
within a period of 1 year
(*Francisco v. House of Representatives)
 Judgment in case of impeachment shall not
extend further than removal and
disqualification to hold other office but
party convicted shall still be subject to
prosecution and punishment
 Congress to promulgate rules on
impeachment
6. Sandiganbayan
 a statutory not a constitutional court
 Jurisdiction includes such other offenses
committed by public officers and employees
in relation to their office as may be
determined by law
(*Lecaroz v. Sandiganbayan)
 Private person may be charged in the
Sandiganbayan if he is a co-principal,
accomplice or accessory of a public officer
(*Azarcon v. Sandiganbayan)
7. Office of the Ombudsman
 Officials
- Ombudsman or Tanodbayan
- overall Deputy
- Deputy for Luzon, Visayas, Mindanao and the
Military
- Special Prosecutor
 Special prosecutor may investigate and
file cases only when so authorized by the
Ombudsman
(*Zaldivar v. Sandiganbayan)
 Qualifications (Sec. 8)
- Natural born citizen
- 40
- Recognized probity and independence
- Member of the Philippine Bar who has been a
judge or in the practice of law for 10 years
- Not a candidate in the immediately preceding
election
  Disqualifications (Sec. 8)  Independence of Office
- Not hold any other office or employment - fiscal autonomy
- Not engage in the practice of any profession - appropriations automatically and regularly
- Not engage in the active management or control released (Sec. 14)
of any business which may be affected by the
functions of his office 7. Prohibitions on Impeachable Officers
- Not be financially interested, directly or  no loan, guaranty or other form
indirectly, in any Government contract, franchise of financial accommodation,
or privilege directly or indirectly granted by
- Not run in election immediately succeeding government financial institution
cessation from office (Sec. 11) (Sec. 16)
 change citizenship or acquire
status of an immigrant
 Term (Sec. 11) - shall be dealt with by law (Sec. 18) refers to
7 years without reappointment incumbents (*Caasi v. CA)
8. Statement of Assets and Liabilities (Sec.
 Privileges (Sec. 10) 17)
- Rank of Chairman and Members of Constitutional  Public officer or employee
Commissions  Public officials of higher rank
- Same salary as Con Com which shall not be decreased - disclosed to the public
during term

 Powers and Duties

- Act promptly on complaints filed against public officials
and shall, in appropriate cases, notify
complainants of action taken (Sec. 12)
- Investigate on its own or on complaint any act or
omission by a public official which appears to be
illegal, unjust, improper or inefficient

 Even if the offense committed by the official is

not related to the performance of his function
(*Deloso v. Domingo)

 Claim of confidentiality cannot bar the

Ombudsman’s power to investigate unless
grounded on military, diplomatic or other
national security concerns
(Almonte v. Vasquez)

- Direct on its own or on complaint any public official to

perform and expedite any act or duty required by law
or to stop, prevent and correct any abuse or impropriety
in the performance of duties
- Direct officer concerned to take appropriate action
against a public official at
fault and recommend punishment thereof and
ensure compliance therewith
- direct officer concerned to furnish it with copies
of documents relating to disbursement
of public funds and report any irregularity to COA for
appropriate action
- request any government agency for assistance
and information necessary
- publicize matters covered by its investigation
- determine the causes of inefficiency, red tape,
mismanagement, fraud and
corruption in government and make
recommendations
- promulgate rules of procedure (Sec. 13)
-