II.

General Powers and Attributes of LGU

A. Sources of Power of Municipal Corporation

(87-SCAD)
1. 1987 Constitution
2. Statutes
i. General Acts: Applicable to a particular municipal corporation or to the class which the particular municipal
corporation municipal corporation belongs (e.g. RA 7160)
ii. Special Acts: Applicable to a particular municipal corporation
3. Charter creating such municipal corporation
4. All existing laws, acts, decrees, EO, not inconsistent with the 1897 constitution
5. Doctrine of Inherent right to self-government in some states which adhere to it with respect to certain municipal matters
B. Governmental Powers
1. Police Power (General Welfare Clause)

“Section 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure
and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their inhabitants.

i. General Welfare Clause:

Every local government unit shall exercise the following powers

 Those expressly granted,

 Those necessarily implied therefrom
 Powers necessary, appropriate, or incidental for its efficient and effective governance, and
 Those which are essential to the promotion of the general welfare.
ii. Two Branches of General Welfare Clause

General Legislative Power: Authorize the particular Sanggunian to enact such ordinances as may be necessary to CARRY INTO EFFECT
and DISCHARGE the responsibilities upon it BY LAW

Police Power: Authorize the particular Sanggunian to enact such ordinances as may be necessary to PROMOTE health and safety,
ENHANCE prosperity and general welfare, IMPROVE morals, MAINTAIN peace and order, etc.

iii. Limitations (M-E-T-E-D)

Must not be contrary to law

Express grant by law

Territoriality

Equal Protection Clause

Due Process Clause

iv. Test to Determine Validity

 The SUBJECT MATTER of the law must be LAWFUL.
 MEANS employed to attain the purpose of the law must be REASONABLY NECESSARY.
 It must NOT be UNDULY OPPRESSIVE.
v. Case Doctrines:

Case Valid Exercise? Ratio

Dela Cruz v. NO It cannot be said that such a sweeping exercise of a lawmaking power by Bocaue could qualify
Paras under the term reasonable. The objective of fostering public morals, a worthy and desirable end
can be attained by a measure that does not encompass too wide a field. Certainly the ordinance
on its face is characterized by overbreadth. The purpose sought to be achieved could have been
attained by reasonable restrictions rather than by an absolute prohibition. Pursuant to the title
of the Ordinance, Bocaue should and can only regulate not prohibit the business of cabarets.
Binay v. Domingo YES “Burial Assistance”
-It is valid exercise of police power
-There is no violation of the equal protection clause. Paupers may be reasonably classified.
Different groups may receive varying treatment.
Tano v. Socrates YES “Banning Shipmen of Live fish and lobsters out of Puerto Princesa”
The general welfare clause of the local government code mandates for the liberal interpretation
in giving the LGUs more power to accelerate economic development and to upgrade the life of
the people in the community. The LGUs are endowed with the power to enact fishery laws in its
municipal waters which necessarily includes the enactment of ordinances in order to effectively
carry out the enforcement of fishery laws in their local community.
White Light Corp. NO “Ordinance Prohibiting Short-Time Admission, Short-Time Admission Rates, and Wash-Up Rate
v. City of Manila Schemes in Hotels, Motels, Inns, Lodging Houses, Pension Houses, and Similar Establishments in
the City of Manila”
An ordinance which prevents the lawful uses of a wash rate depriving patrons of a product and
the petitioners of lucrative business ties in with another constitutional requisite for the
legitimacy of the ordinance as a police power measure. It must appear that the interests of the
public generally, as distinguished from those of a particular class, require an interference with
private rights and the means must be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive of private rights. It must also be evident that no other
alternative for the accomplishment of the purpose less intrusive of private rights can work.
More importantly, a reasonable relation must exist between the purposes of the measure and
the means employed for its accomplishment, for even under the guise of protecting the public
interest, personal rights and those pertaining to private property will not be permitted to be
arbitrarily invaded.
Lacking a concurrence of these requisites, the police measure shall be struck down as an
arbitrary intrusion into private rights.
Social Justice NO An ordinance enacted by a local government unit reclassifying portions of its territory from
Society v. Atienza industrial to commercial, directing owners and operators of businesses to cease and desist from
operation despite the huge loss of profits of the latter is valid. When the state or the LGU’s
exercise of Police Power clashes with few individual’s right to property, the former should
prevail.

2. Power of Taxation
i. Constitutional Basis (Article X, Section 5)

“Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject
to such guidelines and limitations as the congress may provide, consistent with the basic police of local autonomy. Such taxes, fees
and charges shall accrue exclusively to the local governments”

ii. Statutory Basis (Section 18 of the RA 7160)

Section 18. Power to Generate and Apply Resources. - Local government units shall have the power and authority to establish an
organization that shall be responsible for the efficient and effective implementation of their development plans, program objectives
and priorities; to create their own sources of revenues and to levy taxes, fees, and charges which shall accrue exclusively for their use
and disposition and which shall be retained by them; to have a just share in national taxes which shall be automatically and directly
released to them without need of any further action; to have an equitable share in the proceeds from the utilization and development
of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitants by
way of direct benefits; to acquire, develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them
in their proprietary capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the exercise
or furtherance of their governmental or proprietary powers and functions and thereby ensure their development into self-reliant
communities and active participants in the attainment of national goals.
 iii. Fundamental Principles (PB-CUE)
 Progressive System of Taxation
 Shall inure to the Benefit of and be subject to disposition by the LGU unless specifically provided herein
 Collection and other impositions shall in case be left to any private person
 Uniform in each LGU
 Equitable and based as far as practicable on the taxpayer’s ability to pay; be levied and collected only for public purposes;
not be unjust, excessive, oppressive, or confiscatory; not be contrary to law, public policy, national economic policy, or in the
restraint of trade; (Section 130, LGC)
iv. Case Doctrines

Case Ratio
MIAA v. CA
City of Quezon v. Bayan Telecom
Drilon v. Lim
Batangas City v. Pilipinas Shell
Petroleum Corp
City of Lapu-Lapu v. PEZA
Basco v. PAGCOR
Icard v. City Council of Baguio
Philippine Petroleum Corp v.
Municipality of Pililla
Pimentel v. Aguirre
John Hay People’s Alternative
Coalition v. Lim
Smart Communications v. City of
Davao

3. Eminent Domain
4. Reclassification of Lands
5. Closure and Opening of Roads
6. Legislative Power
i. Requisites of a valid ordinance

For an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and pass
according to the procedure prescribed by law, it must also conform to the following substantive requirements:

(1) Must not contravene the Constitution or any statute;

(2) Must not be unfair or oppressive;

(3) Must not be partial or discriminatory;

(4) Must not prohibit but may regulate trade;

(5) Must be general and consistent with public policy; and

(6) Must not be unreasonable.

Case Doctrines:

City of Manila v. Laguio The tests of a valid ordinance are well established. A long line of
decisions has held that for an ordinance to be valid, it must not only be
within the corporate powers of the local government unit to enact and
must be passed according to the procedure prescribed by law, it must
also conform to the following substantive requirements: (1) must not
contravene the Constitution or any statute; (2) must not be unfair or
oppressive; (3) must not be partial or discriminatory; (4) must not
prohibit but may regulate trade; (5) must be general and consistent with
public policy; and (6) must not be unreasonable.
 Anent the first criterion, ordinances shall only be valid when they are
not contrary to the Constitution and to the laws. The Ordinance must
satisfy two requirements: it must pass muster under the test of
constitutionality and the test of consistency with the prevailing laws.
That ordinances should be constitutional uphold the principle of the
supremacy of the Constitution. The requirement that the enactment
must not violate existing law gives stress to the precept that local
government units are able to legislate only by virtue of their derivative
legislative power, a delegation of legislative power from the national
legislature. The delegate cannot be superior to the principal or exercise
powers higher than those of the latter.

This relationship between the national legislature and the local

government units has not been enfeebled by the new provisions in the
Constitution strengthening the policy of local autonomy. The national
legislature is still the principal of the local government units, which
cannot defy its will or modify or violate it.
Social Justice Society v. Atienza
Samahan ng Mga Progresibong Kabataan v. Quezon City

ii. Local Initiative and Referendum

7. Authority over Police Units

Constitutional Basis:

Article XVI, Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered and controlled by a national police commission. The authority of local executives over the police units
in their jurisdiction shall be provided by law.

RA 6975 aka DILG Act of 1990

Section 51. Powers of Local Government Officials Over the PNP Units or Forces. – Governors and mayors shall be deputized as
representatives of the Commission in their respective territorial jurisdiction. As such, the local executives shall discharge the following
functions:

(a) Provincial Governor – (1) Power to Choose the Provincial Director. – The provincial governor shall choose the provincial director
from a list of three (3) eligible recommended by the PNP regional director.

(2) Overseeing the Provincial Public Safety Plan Implementation. – The governor, as chairman of the provincial peace and order council,
shall oversee the implementation of the provincial public safety plan, which is prepared taking into consideration the integrated
community safety plans, as provided under paragraph (b) (2) of this section.

(b) City and Municipal Mayors – (1) Operational Supervision and Control. The city and municipal mayors shall exercise operational
supervision and control over PNP units in their respective jurisdiction except during the thirty (30) day period immediately preceding
and the thirty (30) days following any national, local and barangay elections. During the said period, the local police forces shall be
under the supervision and control of the Commission on Elections.

The term "operational supervision and control" shall mean the power to direct, superintend, oversee and inspect the police units and
forces.

It shall include the power to employ and deploy units or elements of the PNP, through the station commander, to ensure public safety
and effective maintenance of peace and order within the locality. For this purpose, the term "employ" and "deploy" shall mean as
follows:

"Employ" refers to utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws,
maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring
public safety, particularly in the suppression of disorders, riots, lawless violence, rebellious seditious conspiracy, insurgency,
subversion or other related activities.
"Deploy" shall mean the orderly organized physical movement of elements or units of the PNP within the province, city or municipality
for purposes of employment as herein defined.

(2) Integrated Community Safety Plans. – The municipal/city mayor shall, in coordination with the local peace and order council of
which he is the chairman pursuant to Executive Order No. 309, as amended, develop and establish an integrated area/community
public safety plan embracing priorities of action and program thrusts for implementation by the local PNP stations.

It shall, likewise, be the duty of the city or municipal mayor to sponsor periodic seminars for members of the PNP assigned or detailed
in his city or municipality in order to update them regarding local ordinances and legislations.

(3) Administrative Disciplinary Powers. – In the areas of discipline, city and municipal mayors shall have the powers to impose, after
due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their
respective jurisdictions, as provided in Section 41 of this Act.

(4) Other Powers. – In addition to the aforementioned powers, city and municipal mayors shall have the following authority over the
PNP units in their respective jurisdictions:

(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably
from the same province, city or municipality.

(ii) Authority to recommend the transfer, reassignment or detail of PNP members outside of their respective city or town residences;
and

(iii) Authority to recommend, from a list of eligibles previously screened by the peace and order council, the appointment of new
members of the PNP to be assigned to their respective cities or municipalities without which no such appointment shall be attested.

Section 52. Suspension of Operational Supervision and Control. – The President may, upon consultation with the provincial governor
and congressman concerned, suspend the power of operational supervision and control of any local executive over police units
assigned or stationed in his jurisdiction for any of the following grounds:

(a) Frequent unauthorized absences;

(b) Abuse of authority;

(c) Providing material support to criminal elements; or

(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign.

Upon good cause shown, the President may, motu propio or upon the recommendation of the National Police Commission, restore
such power withdrawn from any local executive.