III. CREATION, CONVERSION, DIVISION, MERGER AND CONSOLIDATION, AND ABOLITION OF LGUs A.

Creation of LGUs: A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered by law enacted by Congress in the case of a province, city, municipality, or other political subdivisions , or by Sanggunian Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay . (Sec.6) NOTE: nature of the power to create: LEGISLATIVE 1. While the power to create barangays has been delegated to Sanggunian Panlalawigan and Sangguniang Panlungsod, Congress, in order to enhance the delivery of basic services in indigenous cultural communities, may create barangays in such communities notwithstanding the requirements set forth by law. (Sec.385a, LGC) 2. The creation or conversion of a local government unit to another level shall be based on the following verifiable indicators of viability and projected capacity to provide services: a. Sufficient income and b. Population and/or c. Land area NOTE: Compliance with the above-cited indicators shall be attested by the Department of Finance, the National Statistics Office and the Land Management Bureau of the DENR, respectively 3. Necessity of Fixing Corporate Limits: As a matter of general rule, municipal corporations cannot, without legal authorization, exercise its powers beyond its own corporate limits. It is necessary that it must have its boundaries fixed, definite and certain, in order that may be identified and that all may know the exact scope or section of territory or geographical division embraced within the corporate limits and over which the municipal corporation has jurisdiction. A description of the boundaries of a municipal corporation is said to be an essential part of its charter and necessary to corporate existence. An incorporation is void where the boundaries of the municipal corporation are not described with certainty.

CREATION, CONVERSION, DIVISION, MERGER AND CONSOLIDATION, AND ABOLITION OF LGUs

A. Creation of LGUs: A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered by law enacted by Congress in the case of a province, city, municipality, or other political subdi Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay . (Sec.6) NOTE: nature of the power to create: LEGISLATIVE

1. While the power to create barangays has been delegated to Sanggunian Panlalawigan and Sangguniang Panlungsod, Congress, in order to enhance the delivery of basic services in indigenous cultural comm such communities notwithstanding the requirements set forth by law. (Sec.385a, LGC) 2. The creation or conversion of a local government unit to another level shall be based on the following verifiable indicators of viability and projected capacity to provide services: a. Sufficient income and b. Population and/or c. Land area NOTE: Compliance with the above-cited indicators shall be attested by the Department of Finance, the National Statistics Office and the Land Management Bureau of the DENR, respectively

3. Necessity of Fixing Corporate Limits: As a matter of general rule, municipal corporations cannot, without legal authorization, exercise its powers beyond its own corporate limits. It is necessary that it must have its boundaries fixed, definite and identified and that all may know the exact scope or section of territory or geographical division embraced within the corporate limits and over which the municipal corporation has jurisdiction. A description of the corporation is said to be an essential part of its charter and necessary to corporate existence. An incorporation is void where the boundaries of the municipal corporation are not described with certainty. Sec. 388. Persons in Authority

For the purpose of the RPC, the punong baranay, sangguniang barangay member, and member of the lupong tagapamayapa in each barangay shall deemed as persons in authority in their officials and charged with the maintenance of a desirable and balanced environmemt, and any barangay member who comes to the aid of persond in authority, shall be deemed agents of pe

The Chief Executive, Powers, Duties, and Functions

Baranggay

Municipal

Chief Executive

Punong baranggay -Enforce all laws and ordinance which are applicable within barangay -Negotiate, enter into a, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay. -Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break the tie -Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other

Municipal Mayor -general supervsion and control over all programs, projects, services, and activities of the municipal government Same as barangay upon the authorization of sangguniang bayan - Solemnize marriage - Issue license and permits and suspend or revoked the same for any violation of the conditions - Issue permits, without need of approval therefore from any national agency

Duties and responsibilities

-in coordination with the barabggay develop council, prepare the annual executive and supplemental budgets of the barangay Vice None Composition: Sangguniang Barangay - legislative body of the barangay Punong barangay - presiding officer - as members 7 regular sangguniang baranggay member elected at large sangguniang kabataan -Enact tax and revenue ordinances, subject to the limitations imposed inn this code

Sanngunian

Same Vice Mayor - presideing officer Assume the office of the mayor incase pf permanent vacancy Composition: - Vice mayor - presiding officer - Members: 1. Sangguniang members, president of the municipal chapters of the liga ng barangay, president of the brgy pederasyon ng mga sangguniang kabataan, and sectoral representatives Additional three sectoral rep.from: 1. women ; 2. agricultural or industrial workers; and ICC or diabled

Duties and responsibilities

-Enact annual and suplemantal budgets in accordance with the provisions of this code. same -Authorize the punong barnagay to enter into contracts in behalf of the barangay, subject to the provision of this code. same

-reclassify land within the jurisdiction of the municipality '- enact zoning ordinances in cononance woth the approved comprehensive land use plan - with the concurremce of 2/3 pf all the members of the SB, grant tax exemptions, incentives or reliefs to a. Assist the punong baranggay in the discharge of his entities engaged in community growth-inducing duties and funtions industries -Fix and impose reasonable fees and charges for all Additonal Duties services rendered by the unicipal gov't to private and resposibilities b. Act as peace officer in the maintenance of public order and safety persons or entites. -Provide for the administrative need of the lupong tagapamayapa and the pangkat tagapagkasundo c. Perform such other duties and functions as the punong barangay may delegate -grants franchise upon the approval of the majority vote of all the member of SB Grade 27 as prescribed under R.A. No. 6758 - for mayor Grade 25 - vice mayor

Salary Grade

Appointment -- need concurrence of all the sanggunian Sanggunian bayan/ panglungsod/panlalawigan may:

a. Maintain existing offices not mentioned in subsectuons (a) and (b) here of ( Sec 443 - Municipal) b. Create such other offices as may be necessary to carry out the purpose of the municipal or city or provincial government as the case may be. d. Consolidate the fubctions of any office with those of another in the interest of efficiency and economy. Barangay Composition basic political unit Local Government Unites Municipalities Cities Consisting of more urbanized and developed group of barangays barangays General Purpose Government General Purpose Government

a. Role

Serves as the primary unit og government policies, plans, programs, projects and activities in the For the coordination and delivery of basic, regular and For the coordination and delivery of basic, regular and community, and as a forum wherein collective views of direct services and effective governance of the direct services and effective governance of the people may be expressed, crystallized and considered, inhabitants within its teritorrial jurisdiction inhabitants within its territorial jurisdiction. and where disputes may be amicablu settled. By law By an ordinance of the sanggunian panlalawigan or panlungsod, subject to the approval by the majority of the votes cast in the plebescite Note: in the case of creation of barangays by the sangguniang panlalawigan, the recommendation of the sanggunian bayan concerned shall be necessary 1. Population - at least 2000 inhabitants Except in cities and municipalities within Metro Manila or in highly urbanized citiesmust be at least 5000 inhabitants 2. Income - no minimum income requirement

B. Manner of creation ( created , divided, merge, abolished, or its boundary substancially alltered)

only by an act of Congress

only by an act of Congress

1.

Population - at least 25,000 inhabitants

1.

Population - at least 150,000 inhabitants

2. Income - average annual income of at least 2. Income - at least P100 million for the last two P2.5 million for the last two consecutive years based consecutive years on the 1991 constant prices.

3. Land Area - no minimum requirement, but it must 3. Land Area - a contiguous territory of 50 square 3. Land Area - contiguous territory of at least 100 be contiguous but it need not be contiguous if the kilometers. square kilometers barangay is comprised with two or more islands.

c. Substantive Requisites:

c. Substantive Requisites:

Note: The creation of the new barangay shall not however reduce the population of the original barangay to less than the minimum requirement prescribed in the Code. (Sec.386, LGC)

NOTE: The Internal Revenue Allotments shall be included in the computation of the average annual income of the municipality for purposes of determining whether the municipality may be validly converted into a city. Income is defined in the LGC to be all revenues and receipts collected or received forming the gross accretions of funds of the local government unit. The IRAs are regular and recurring income and not merely special funds or transfers and/or budgetary aids from the national government or non-recurring income. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit (Alvarez vs. Guingona, 252 SCRA 695) .

4. Conversion of a Component City into a Highly Urbanized City

a. If a component city shall have met the minimum requirements for a highly urbanized city, it shall be the duty of the President to declare the city as highly urbanized city upon: (1) proper application and ( the majority of registered voters therein.

b. Substantive Requisites: 1. Population- at least 200,000 inhabitants 2. Income- at least P50 million 6. Status of Sub-provinces Existing sub-provinces are converted into regular provinces upon the approval by a majority votes cast in a plebiscite to be held in the said sub-province and the original province directly affected. (Sec.462, L 7. Autonomous Regions

The Philippine Constitution mandates the creation of autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing co cultural heritage, and economic and social cultures. (Sec.15, Art.10, PC)

NOTE: RA 6734, the organic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid by the Supreme Court. (Datu Firdausi Abbas vs. COMELEC, 179 SCRA 287). However, t the plebiscite, alone voted in favor of RA 6766, cannot validly constitute the Autonomous Region of the Cordilleras. (Ordillo vs. COMELEC, 192 SCRA 100) 8. Special Metropolitan Political Subdivisions

The Congress may, by law, create special metropolitan political subdivisions, but the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executiv jurisdiction of the metropolitan authority that will be thereby created shall be limited to basic services requiring coordination. (Sec. 11, Art. X, PC) NOTE:

With the passage of RA 7924, Metropolitan Manila was declared as a special development and administrative region and the administration of metrowide basic services affecting the region was plac referred to as the Metropolitan Manila Development Authority (MMDA), whose functions were without prejudice to the autonomy of the affected local government units. The law does not grant police nor leg Metro Manila Council, the governing board of the MMDA, has not been delegated any legislative power. Clearly, MMDA is not a political unit. There is no grant of authority to enact ordinances and regula inhabitants of the metropolis. MMDA cannot open for public use a private road in a private subdivision (MMDA vs. Bel-Air Village Association, Inc., G.R. No. 135962, March 27, 2000).

9. Attack against invalidity of incorporation No collateral attack shall lie; an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or other direct proceeding. But this ru corporation is, at least, a de facto municipal corporation.

10. PLEBISCITE REQUIREMENT: Who shall participate Sec. 10 of the LGC provides that the creation, division and merger, abolition or substantial alteration of the boundaries of local government units must be approved by a majority of votes cast in a p directly affected. Such plebiscite shall be conducted by the COMELEC within 120 days from the date of the effectivity of the law. The completion of the publication of the law should be the reckoning point in de which to conduct the plebiscite, not from the date of its approval when the law had not yet been published. Since publication is indispensable for the effectivity of a law, a plebiscite can be scheduled only afte (Cawaling vs. COMELEC, Oct. 26, 2002) The plebiscite for the creation of a new province or municipality shall include the participation of the residents of the mother province or mother municipality in order to conform to the constitutional req 214 SCRA 735) In the conversion of a municipality into a component city, however, only the registered voters of the municipality sought to be converted into a component city, shall participate in the plebiscite. Summary of Substantive Requirements in the Creation of LGUs LGU Created Income Barangay Municipality Component City Highly Urbanized City Province No minimum requirement P2.5 million P100 million P50 million P20 million Population 2,000 but 5,000 for Metro Manila and highly urbanized cities 25,000, and 150,000 or 200,000 250,000 or Land area No minimum requirement 50 sq.km 100 sq.km. No minimum requirement 2,000 sq.km.

Reclassification of lands (20, RA 7160) A city or municipality may, through an ordinance passed after conducting public hearings for the purpose, may authorize the reclassification of agricultural lands and provide for the manner of their utilization o i. When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture; ii. Where the land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the sanggunian; provided that such reclassification sh for highly urbanized cities and independent component cities: 15% for component cities and 1st to 3rd class municipalities: 10% for 4th and 6th class municipalities: 5% Provided that agricultural land distributed to land reform beneficiaries shall not be affected by such reclassification. . LOCAL GOVERNMENT UNITS A. The Barangay 1. Chief Officials and Offices a.

b. c.

There shall be in each barangay a punong baranagy, seven (7) sangguniang barangay members, the sangguniang kabataan chairman, a barangay secretary and a barangay treasurer. The lupong tagapamayapa. The sangguniang barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the b For purposes of the Revised Penal Code, the punong barangay, sangguniang barangay members, and the members of the lupong tagapamayapa in each barangay shall be deemed as pers while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the balanced environment, and any barangay member who comes to the aid of persons in authority, shall be deemed as agents of persons in authority.

389 (b)5), R.A. 7160, provides that the punong barangay shall, upon approval by a majority of all the members of the Sangguniang Barangay, appoint or replace the barangay treasurer, th appointive local officials.

2. The Barangay Assembly

There shall be a barangay assembly composed of all persons who are actual residents of the barangay for at least 6 months, 15 years of age or over, citizens of the Philippines, and duly reg assembly members. It shall meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and finances, as well as problems affec a. Powers of the Barangay Assembly: i. Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned;

ii. Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact or amend any ordinance; and iii. Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances.

3. Katarungang Pambarangay a. Lupong Tagapamayapa There is hereby created in each barangay a lupong tagapamayapa, composed of the punong barangay as chairman and 10 to 20 members. The Lupon shall be constituted every 3 years. b. Powers of the Lupon: i. Exercise administrative supervision over the conciliation panels; ii. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public of matters relevant to the amicable settlement of disputes, and to enable various conciliation panel me their observations and experiences in effecting speedy resolution of disputes; and iii. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. c. Pangkat ng Tagapagkasundo There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, consisting of 3 members who shall be chosen by the parties to the dispu lupon. Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. d. Subject matter of amicable settlement: 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; i. Where one party is the government or any subdivision or instrumentality thereof; ii. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; iii. Offenses punishable by imprisonment exceeding one (1) year or a fine of P5,000.00. iv. Offenses where there is no private offended party; v. 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; vi. 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 appropriate lupon; vii. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice.

Venue for Amicable Settlement : a. Disputes between persons actually residing in the same barangay shall be bought for amicable settlement before the lupon of said barangay b. Those involving actual residents of different barangay within the same city or municipality shall be brought in the barangay where the respondent or any of the respondent actually resides, at the election of the c. All disputes invoving real property or any interest therein shall be bought in the barangay where the real property or the larger portion there of is situated. d. Those arising at the workplace where the contening parties are employed or at the institution where such parties are enrolled for study shall be bought in the barangay where such workplace or instituion is situ Instances where the parties can go directly to court a. Where the accused is under detention b. Where a person has otherwise been deprived of person liberty calling fo habeas corpus c. Where actions is coupled with provisional remedies such as preliminary injunction, attachemennt, delivery or personal propert a, and support pendente lite d. Where the action may otherwise be barred by the statute of limitations Note: Concillation among the members of indiginous cultural communities -- the customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural c Arbitration a. The parties may, at any stage of the proceeding. Agree in writing that they shall abide by arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may be repudiated within 5 days f grounds and in accordance with the procedure hereinafter rescribed. the arbitration award shall be made after the lapse of the period for repudiation and within the 10 days thereafter. b. The arbitration award shall be in writing in a language or dialect known to the parties. When he parties tothe disputes do not use the same language or dialect, the award shall be writing in the language or dia

4. Sangguniang Kabataan:

a. Creation; composition: There shall be in every barangay a sangguniang kabataan to be composed of a chairman, seven members, a secretary and a treasurer. An official who, during his term of office, shall be allowed to serve the remaining portion of the term for which he was elected.

b. Katipunan ng Kabataan: Shall be compsed of all citizens of the Philippines actually residing in the barangay for at least 6 months, who are 15 but not more than 21 years of age, who are duly registered in kabataan or in the official list in the custody of the barangay secretary. It shall meet once every 3 months, or at the call of the sanggunian kabataan chairman, or upon written petition of at least 1/20 of its membe c. Pederasyon ng mga sangguniang kabataan : There shall be an organization of all the pederasyon ng mga sangguniang kabataan: i. In municipalities, the pambayang pederasyon; ii. In cities, panlungsod na pederasyon; iii. In provinces, panlalawigang pederasyon; iv. In special metropolitan political subdivisions, pangmetropolitang pederasyon; v. On the national level, pambansang pederasyon. B. C. D. E.

The Municipality The City The Province Leagues of Local Government Units/Officials: 1. Liga ng mga Barangay- Organization of all barangays for the primary purpose of determining the representation of the Liga in the sanggunians, and for ventilating, articulating and crystallizing issues aff administration and securing, through proper and legal means, solutions thereto. Case:

Where the Supreme Court held that Sec. 493, R.A. 7160, which empowers the Liga to "create such other positions as may be deemed necessary", is valid, and does not constitute an irregu

2. League of Municipalities- Organized for the primary purpose of ventilating, articulating and crystallizing issues affecting municipal governments administration, and securing, through proper and legal me

ABATEMENT OF NUISANCE LGC sec. 447 and 458. Sangguniang Bayan and Sangguniang Panlungsod have:

Estate of Francisco v. CA (1991): Respondents cannot seek cover under the general welfare clause authorizing the abatement of nuisances without judicial proceedings. That tenet applies to a nuisance per se, safety of persons and property and may be summarily abated under the undefined law of necessity (Monteverde v. Generoso). NOTES: holds that LGUs can abate extrajudicially only nuisances per se.

, or other political subdivisions , or by Sanggunian

n indigenous cultural communities, may create barangays in

ctively

undaries fixed, definite and certain, in order that may be ction. A description of the boundaries of a municipal bed with certainty.

ersons in authority in their jurisdiction, while other barangay all be deemed agents of persons in authority.

Province Composed of a cluster of municipalities, or municipalities and component cities political and corporate unit of government It serves as a dynamic mechanism for development processes and effective governance of local government units within its territorial jurisdiction.

only by an act of Congress

1.

Population - not less than 250,000 inhabitants

2. Income - average annual income of at least P20 million 3. Land Area - a contiguous territory of at least 2000 square kilometers

NOTE: BP 885, which created the Province of Negros del Norte was declared unconstitutional because it did not comply with the land area criterion prescribed under the LGC. The use of the word territory in Sec. 17 of the LGC refers only to the physical mass of land area, not to the waters comprising a political entity. It excludes the waters over which the political unit exercises control (Tan vs. Comelec, 142 SCRA 727

1) proper application and (2) upon ratification in a plebiscite by

ectly affected. (Sec.462, LGC)

raphical areas sharing common and distinctive historical and

9 SCRA 287). However, the sole Province of Ifugao which, in

to their own local executives and legislative assemblies. The

ecting the region was placed under a development authority s not grant police nor legislative powers to MMDA. Even the act ordinances and regulations for the general welfare of the 0).

ect proceeding. But this rule applies only when the municipal

ajority of votes cast in a plebiscite in the political unit or units e the reckoning point in determining the 120-day period within an be scheduled only after the law creating a city took effect.

rm to the constitutional requirement. (Padilla vs. COMELEC,

in the plebiscite.

manner of their utilization or their disposition:

at such reclassification shall be limited to the following

a barangay treasurer. There shall also be in every barangay a y out the purposes of the barangay government. y shall be deemed as persons in authority in their jurisdiction, of life and property, or the maintenance of a desirable and

he barangay treasurer, the barangay secretary, and other

e Philippines, and duly registered in the list of barangay as well as problems affecting the barangay.

ars.

rious conciliation panel members to share with one another

by the parties to the dispute from the list of members of the

iate lupon; submit their differences to amicable settlement by an

sides, at the election of the complainant.

orkplace or instituion is situated.

members of the cultural communities repudiated within 5 days from the date rthereof for the same

riting in the language or dialect known to them.

o, during his term of office, shall have passed the age of 21 who are duly registered in the list of the sangguniang at least 1/20 of its members.

and crystallizing issues affecting barangay government

es not constitute an irregular delegation of power (Viola vs.

rough proper and legal means, solutions thereto.

plies to a nuisance per se, or one which affects the immediate