PubCorp 3

Atty. Moreno

The LGC allocated to the different levels of LGUs their respective powers. And normally the powers are
found in the powers of their respective Sanggunians (dating Council) because the power to regulate is
always Legislative (The powers of the LGU are more of legislative – the power to regulate tricycle
operations) in nature and the Mayor is there only to execute laws and ordinances. The Mayor, the
Governor has no power to make laws. Just like the President who does not have the power to make law
but he can issue Executive Orders (purpose – to implement laws).

Gov-Vice Gov-Sanguniang Panlalawigan

Mayor-Vice Mayor-Sanguinang Panglungsod/Bayan

It is the Congress who makes the law. Pag naglabas ang Congress ng “enrolled bill,” it will be brought to
the President for approval.

How enrolled bill becomes a law? It becomes a law if (1) the President signs it, (2) if the period is lapsed,
it is deemed approved, and (3) if the President vetoes (refused to approve). In case of veto, the Congress
may vote (2/3) for the implementation.

In the local level, ganyan din ang way ng pag-gawa ng ordinance.

Sangguniang Panlalawigan/Panlungsod/Bayan will come up with an “enacted ordinance” (it is not yet
called an approved ordinance. It has already been approved at the Sanggunian level). The enacted
ordinance is brought to the Chief Executive for approval. (Sec.54) (Same as the Congress) (the period to
lapse is 15days). The Presiding Officer of the Sangguniang is the Vice Mayor or Vice Governor.

Police power – exercised for the common good. And it is always legislative, in national or local level.

The Mayors, Governors will issue Executive orders not to come up with ordinances but to implement a
law or ordinance.

Product of Congress – law Product of LGU – ordinance (a law, local in application)

Once an ordinance is approved, it is now the duty of the Chief Executive to implement. (EOs)

During the time of Cory Aquino – the act of the President is the act of the Congress (EO has a character
of a law)

Sangguinang Barangay – in the barangay level, the Punong Barangay is the Chief Executive and at the
same time the Presiding Officer of the Sangguniang Pangbarangay. (can be equated to a Parliamentary
system) Is there a requirement that the Punong Barangay approves an enacted ordinance in the
Barangay? No more. The approval is not anymore needed because the Punong Barangay is the Presiding
Officer of the Sanggunian and he is bound by the majority decision of the entire Sanggunian.
Sa lumang batas, same lang lahat ng LGUs. From the enactment of the LGC, iba na. Yung sa barangay
lang ang na maintain.

Members of Sangguniang Barangay – 7 Kagawads, 1 SK, Punong Barangay

Allocation of Powers of the LGUs – Ordinance making (Legislative)

Ordinance is a law, local in application. Resolution is not a law. It is the form by which Sanggunians will
express their views and opinions. It is the product of both NG and LG.

Pagnakita kayo ng “as provided for by law” then local government units cannot act. Pagsinabing “as
provided for by law or ordinance” then local government units can act by coming up by an ordinance.

Secs. 6-8. Creation/Merger/Division

6 – As may be created by law or by ordinance, subject to the limitations

Provinces – Section 460. Manner of creating provinces

Cities – Section 449. Manner of creating cities

Municipalities – Section 441. Manner of creating municipalities

Verifiable indicators to create province, city, and municipality

1. Population
2. Land Area
3. Income

They are all to be created by law. In the old case of Auditor vs. Pelaez, where the LGUs were created by
Executive Order and the SC said Executive Order cannot create a local government unit because it is
created by law. EO is not a law; hence all the LGUs created under the EO are all declared by the SC to be
invalidly created. But there is a cut-off. LGC said that all Local Government Units which were created by
Executive Order and still exist as of the approval of the Local Code are now considered validly created.
They are all ratified by the Local Code.

Barangay – Section 385. Manner of creating barangays

Barangay to Municipality – 2000

Barangay to City – 5000

Verifiable indicator to create barangay

1. Population

On the other hand, it is created by ordinance. How are barangays created if they are located in a
municipality? It is created by an ordinance passed by province upon the recommendation of the
Sangguniang Bayan. (The power to create is in the Province. But the province cannot create through the
Sangguniang Panlalawigan without recommendation from the Sangguniang Bayan)

If the barangay is located in a city, who has the power to create the barangay? It is the Sangguniang
Panglungsod (City Council)

There is however barangays or communities that are located sa bundok. Mga Minorities or Lumads. The
Congress by law may create a barangay from out of tribal communities and not subject to/even without
complying with population requirements. It is sufficient that they are created by law.

Cities – barometers to determine if it is a CC or ICC – it depends sa law (Charter). What if the Charter is
silent? No prohibition/allowance to vote for provincial elective provincial? In the SC ruling, it held that
this enfranchisement is look upon with this favor. Pag walang sinabi, it is a Component City. It may be
subject to “Gerrymandering.” Sec. 452 – conversion to Highly Urbanized City (no need to go back to
Congress to secure a law. It may be done by a Presidential proclamation). Plebiscite is still required in all
conversion.

Sec.450 however was recently amended by RA9009.

Under the Constitution, LGUs are entitled to Internal Revenue Allotment (IRA – is also based on
population and land area). It is taken from the collection of national taxes. 60% - NG 40% - LG

X% - Province – 79 X/No. of Provinces = Share of Provinces sa IRA

Y% - City – 146 Y/No. of Cities = Share of Cities sa IRA

Z% - Municipality – 1500 Z/No. of Municipalities = Share of Cities sa IRA

What are the components of Income at the Local Government unit? In the case of Alvarez vs. Guingona
(the issue here is whether or not IRA is part of the regular income. The SC said, IRA is part of the regular
income. 1998 case)

1. IRA
2. Local Revenues
3. Share in utilization of natural wealth

RA 9009 (2001) – amendment in the conversion of municipality to city

For purposes of conversion – 100M annual income requirement (IRA should be excluded). But with
respect to population or land area, isa lang pwede na. Income and population or income and land area is
enough to comply with the requirements for conversion as long as the income is constant.

Plebiscite in creation – Novaliches case – COMELEC said, the whole Quezon City must vote.
Umali vs. COMELEC –the issue here is with respect to Cabanatuan to be converted to a HUC. The
question here is should only the voters in Cabanatuan participate in the plebiscite or the entire province
of Nueva Ecija should participate in the plebiscite. The SC said that the entire province of Nueva Ecija
should participate in the plebiscite.

Effect of HUC – BP 55 – prohibition to vote in provincial elective position

President – exercises supervision over Provinces, HUC and ICC

Province – exercises supervision over component cities and municipalities

Sec.32 – cities and municipalities exercises supervision over component barangay

Supervision vs. Control (Sec.25 –Supervisory powers of the President)

Barangay sabi ni Kapitan, meron tayong pondo. Magtayo tayo ng basketball court dahil ayun ang gusto
ng mga kabataan. Nalaman ni PRD, Kap wag kang kumontra you construct a badminton court instead
basketball court. Hindi sumunod si Kapitan. Malacanang filed an administrative against the Punong
Barangay for insubordination. Will the case for insubordination prosper against the Punong Barangay?
No because the President only have a supervisory power over local government units.

Control – is the power of the superior to reverse, alter, and revise the action of the subordinate. (Let
them perform in accordance with the superior’s judgment. Can order the work redone or undone in
accordance with the superior’s judgment)

Supervision – is the power of the superior to oversee that subordinates perform his duties in accordance
of what the law says. (Let them perform in accordance with what the law says)

Under the Admin Code (1987, Sec. 38), the definition of supervision is to oversee that laws are faithfully
complied by subordinates. In one SC ruling, the SC held that supervision is to oversee that laws are
properly complied with and let the subordinates perform in accordance on what the law says. In the
more recent case of Drilon vs. Lim, the SC expanded the meaning of supervision by saying that if the
rules were not followed, then the superior can order the work redone or undone but in accordance with
what the law says.

Paghalimbawa, merong breakdown in peace and order sa isang LGU, sinong may kasalanan? Chief of
Police or the Mayor? Mayor.

RA6975 –The DILG Reorganization Act

RA 8551 – The PNP Act

In both laws it says that the Mayor and the Governor shall automatically, upon proclamation, be
Deputies of NAPOLCOM at the local government unit.

The law defines the extent of the authority of the Governor once become Deputy and the Mayor once
he becomes a Deputy.
Governor, when become the Deputy, exercises Performance Audit (it can report to the DILG or the Chief
PNP that the Provincial Director is not functioning) over Provincial PNP. On the other hand, the Mayor
once proclaimed as Deputy has the authority to exercise Operational Control over local PNP.

Sino ba ang nageexercise ng Administrative Control (sila ang naglalagay ng criteria as to hiring,
promotion) and Operational Supervision over the PNP? NAPOLCOM exercise such powers over PNP.

In the Local level, the Mayor exercises Operational Control and Administrative Supervision.

In the case of Pinatubo (exam matter)

Pag sabog ng Pinatubo ang lahar bumagsak sa mga kabarangayan. Nung bumagsak sa barangay, hindi na
sya habitable sa tao. So ang ginawa ng mga tao lumipat sa ibang barangay. Question: dahil lubog na sa
lahar ang mga barangay, were the barangays automatically abolished? No. Remember the basic
principle that what has been created by law or ordinance, can only be abolished by another law or by
another ordinance. Therefore the lahar can just be a ground for abolition.

There is no automatic abolition, but the situation can give ground for the abolition. Because walang
nang nakatira hindi na sya compliant to the population requirement. The mere fact na nawala ang
population or naalter ang territory will not result to automatic abolition but the reduction can be a
ground to abolish.

The law will not require the impossible.

Ang pera ng barangay A, sa barangay A lang talaga gagamitin. Ang pera ng barangay B, dun lang din
gagamitin. So kung ang pera ng barangay B gagamitin sa barangay A, malversation of public funds
because the money shall only be utilized in its territorial jurisdiction of the LGU.

In the case of Pinatubo, yung mga tao sa barangay A lumipat sa barangay B sa evacuation center. Yung
IRA sa barangay dahil hindi pa dissolved, nirelease sa barangay A but the problem is how they can use it
in barangay B? For a temporary period the DILG, DBM, COA came up with a joint circular authorizing the
utilization of the funds in the evacuation center only in that situation. (pro hac viche)