Professional Documents
Culture Documents
GENERAL PRINCIPLES
A. Administrative Law.
1. Defined. That branch of public law which fixes the organization
and determines the competence of administrative authorities and
indicates to the individual remedies for the violation of his rights.
2. Kinds:
a) Statutes setting up administrative authorities.
b) Rules, regulations or orders of such administrative authorities
promulgated pursuant to the purposes for which they were
created.
c) Determinations, decisions and orders of such administrative
authorities made in the settlement of controversies arising in their
particular fields.
d) Body of doctrines and decisions dealing with the creation,
operation and effect of determinations and regulations of such
administrative authorities.
3. Administration.
a) Meaning. Understood in two different senses:
i) As a function: the execution, in non-judicial matters, of
the law or will of the State as expressed by competent
authority.
ii) As an organization: that group or aggregate of
persons in whose hands the reins of government are for
the time being.
b) Distinguished from government.
c) Kinds:
i) Internal: legal side of public administration, e.g.,
matters concerning personnel, fiscal and planning
activities.
ii) External: deals with problems of government
regulations, e.g., regulation of lawful calling or
profession, industries or businesses
B. Administrative Bodies or Agencies
1. Defined. Organ of government, other than a court and other
than a legislature, which affects the rights of private parties either
through adjudication or rule-making.
2. Creation. They are created either by:
a) Constitutional provision;
b) Legislative enactment; or
c) Authority of law.
3. Criterion: A body or agency is administrative where its function
is primarily regulatory even if it conducts hearings and determines
controversies to carry out its regulatory duty. On its rule-making
authority, it is administrative when it does not have discretion to
determine what the law shall be but merely prescribes details for
the enforcement of the law.
4. Types:
a) Bodies set up to function in situations where the
government is offering some gratuity, grant or special privilege,
e.g., Bureau of Lands.
b) Bodies set up to function in situations wherein the
government is seeking to carry on certain of the actual business of
government, e.g., BIR.
c) Bodies set up to function in situations wherein the
government is performing some business service for the public,
e.g., MWSS.
d) Bodies set up to function in situations wherein the
government is seeking to regulate business affected with public
interest, e.g., LTFRB.
e) Bodies set up to function in situations wherein the
government is seeking under the police power to regulate private
business and individuals, e.g., SEC.
f) Bodies set up to function in situations wherein the
government is seeking to adjust individual controversies because
of a strong social policy involved, e.g., ECC.
g) Bodies set up to make the government a private
party, e.g., GSIS.
II. POWERS OF ADMINISTRATIVE BODIES
A. Powers of Administrative Bodies.
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
B. Quasi-legislative power.
1. Nature. This is the exercise of delegated legislative power,
involving no discretion as to what the law shall be, but merely the
authority to fix the details in the execution or enforcement of a
policy set out in the law itself. In Holy Spirit Homeowners
Association v. Secretary Defensor, G.R. No. 163980, August 3,
2006, the Supreme Court said that quasi-legislative power is the
power to make rules and regulations which results in delegated
legislation that is within the confines of the granting statute and
the doctrine of non-delegability and separation of powers.
a) Rules and regulations issued by administrative authorities
pursuant to the powers delegated to them have the force and
effect of law; they are binding on all persons subject to them, and
the courts will take judicial notice of them.
b) Both Letters of Instruction and Executive Orders are
presidential issuances; one may repeal or otherwise alter, modify
or amend the other, depending on which comes later [Philippine
Association of Service Exporters v. Torres, 225 SCRA 417].
c) It may be stressed that the function of promulgating rules and
regulations may be legitimately exercised only for the purpose of
carrying out the provisions of the law into effect. Thus,
administrative regulations cannot extend the law or amend a
legislative enactment, for settled is the rule that administrative
regulations must be in harmony with the provisions of the law
[Land Bank v. Court of Appeals, 249 SCRA 149]. Indeed,
administrative issuances must not override, but must remain
consistent with the law they seek to apply and implement. They
are intended to carry out, not to supplant nor to modify, the law
[Commissioner of Internal Revenue v. Court of Appeals,
240 SCRA 368].
e) An administrative order is an ordinance issued by the President
which relates to specific aspects in the administrative operation of
Government.
2. Kinds of Administrative Rules or Regulations
a) Supplementary or detailed legislation. They are rules and
regulations to fix the details in the execution and enforcement
of a policy set out in the law, e.g., Rules and Regulations
Implementing the Labor Code.
b) Interpretative legislation. They are rules and regulations
construing or interpreting the provisions of a statute to be
enforced and they are binding on all concerned until they are
changed, e.g., BIR Circulars, CB circulars, etc.. They have the
effect of law and are entitled to great respect; they have in their
favor the presumption of legality [Gonzalez v. Land Bank, 183
SCRA 520]. The erroneous application of the law by public
officers does not bar a subsequent correct application of the law
[Manila Jockey Club v. Court of Appeals, G.R. No. 103533,
December 15, 1998].
c) Contingent legislation. They are rules and regulations made by
an administrative authority on the existence of certain facts or
things upon which the enforcement of the law depends. See: Cruz
v. Youngberg, 56 Phil 234.
3. Requisites for validity:
a) Issued under authority of law. See: Olsen v. Aldanese, 43
Phil 64..
b) Within the scope and purview of the law.'
i) The power of administrative officials to promulgate
rules in the implementation of a statute is necessarily
limited to what is provided for in the legislative
enactment. The implementing rules and regulations of a
law cannot extend the law or expand its coverage, as the
power to amend or repeal a statute is vested in the
legislature. However, administrative bodies are allowed,
under their power of subordinate legislation, to
implement the broad policies laid down in the statute by
filling in the details. All that is required is that the
regulation be germane to the objectives and purposes of
the law; that the regulation does not contradict but
conforms with the standards prescribed by law [Public
Schools District Supervisors Association v. Hon.
Edilberto de Jesus, G.R. No. 157299, June 19,
2006].
Administrative issuances must not override, supplant or modify
the law.
2. The authority can be exercised only during the term when the
public officer is, by law, invested with the rights and duties of the
office.
B. Ministerial and discretionary powers.
1. Ministerial: one the discharge of which by the officer concerned
is imperative and requires neither judgment nor discretion. The
exercise of ministerial powers may be compelled. The Sheriffs
role in the execution of judgment is purely ministerial; he has no
discretion whether to execute a judgment or not.
2. Discretionary: one imposed by law upon a public officer wherein
the officer has the right to decide how and when the duty shall be
performed.
a)
b)
c)
2. Specific cases:
a) The Solicitor Generals duty to represent the government, its
offices and instrumentalities and its officials and agents except
in criminal cases or civil cases for damages arising from felony
is mandatory. Although he has discretion in choosing whether or
not to prosecute a case or even withdraw therefrom, such
discretion must be exercised within the parameters set by law and
with the best interest of the State as the ultimate goal [Gonzales
v. Chavez, 205 SCRA 817].
b) The government is not estopped from questioning the acts of
its officials, more so if they are erroneous or irregular [Sharp
International Marketing v.
Court of Appeals, 154 SCRA 88],
D. Prohibitions.
1. Partisan political activity. No officer or employee of the civil
service shall engage, directly or indirectly, in any electioneering or
partisan political campaign
The Civil Service Law prohibits
engaging directly or indirectly in any partisan political activity or
taking part in any election except to vote; or use official authority
or influence to coerce the political activity of any person or body.
Statutory Liability
Right to Office
Right to Salary
Right to Preference in Promotion
Right to Vacation and Sick Leave
Right to Maternity Leave
Right to Retirement Pay
Right to reimbursement for expenses incurred in due
performance of duty
Right to be indemnified against any liability
Right to longevity pay
Right to Salary
Right to Office
5.
6.
7.
8.
9.
10.
11.
12.
Removal
Abandonment
Acceptance of an Incompatible Office
Abolition of Office
Prescription of the Right to Office
Impeachment
Death
Failure to Assume Elective Office w/in 6 months from
proclamation
13. Conviction of a Crime
14. Filing of Certificate of Candidacy
Expiration of term or tenure
Courtesy
resignation
during
the
EDSA
Revolution expiration of term; entitled to
retirement benefits
Termination
presupposes
an
overt
act
committed by a superior officer
Purpose
of
verifying
the
authenticity and genuineness of
the
petition
and
required
percentage of voters
4. Lapse of the period, COMELEC or its duly
authorized representative, shall announce
the acceptance of candidates to the
position and prepare list of candidates,
including the name of the official sought to
be recalled.
Election on Recall
governor,
vicegovernor, mayor and vice-mayor f
highly
urbanized
cities
and
independent component cities
2. Governor municipal mayors and
vice-mayors, city mayors and vicemayors of component cities
3. Sanggunian sanggunian members
4. City or municipal mayor barangay
officials
Resignation deemed accepted if not acted
upon w/in 15 days from receipt
Resignation by Sanggunian members shall be
deemed accepted upon:
1. presentation before an open session of the
sanggunian concerned
2. duly entered in its record
3. EXCEPT where sanggunian members are
subject to recall elections or to cases
where existing laws prescribe the manner
of acting upon such resignation
If the law is silent on who shall accept:
1. appointive officer resigns appointing
authority
2. elective
officer
resigns
officer
authorized by law to call an election in
order to fill the vacancy
President and VP Congress
Members of Congress respective Houses
in
the
presence
of
a
representative of the petitioner
Removal
The
proper
disciplining
authority
may
preventively suspend any subordinate officer or
employee under his authority pending an
investigation if the charge against such officer
or employee involves 1) dishonesty, 2)
oppression or grave misconduct or 3) neglect
in the performance of duty or 4) if there is
reason to believe that the respondent is guilty
of charges which would warrant his removal
from the service.
Not a penalty. Enable authorities to investigate.
If the investigation is not finished and a
decision is not rendered within a period of 90
days, the suspension will be lifted and the
respondent will automatically be reinstated.
If after investigation, he is innocent of the
charges and is exonerated, he should be
reinstated.
Preventive suspension can be ordered even
without a hearing.
Authority to preventively suspend: exercised
concurrently by the Ombudsman
RA 6770: 6 months
Court may validly order the preventive
suspension of officer (since removal of office is
within the power of the Courts)
Back salary is not warranted when the
immediate execution of the order of dismissal
is justified.
Appeal
Summary Dismissal
RA 6654
Removal of Administrative Penalties or Disabilities
President
may
commute
or
remove
administrative penalties or disabilities imposed
upon officers or employees in disciplinary
cases
Species of resignation
Non-performance
does
not
constitute
abandonment when:
(1) Temporary disability
(2) Involuntary failure to perform
Test of Incompatibility
Certificate of Candidacy
Any person holding a public appointive office or position,
Including active members of the AFP
And officers and employees in GOCCs
Shall be considered ipso facto RESIGNED upon filing of
certificate of candidacy.
Applies even to employees of GOCCs without an original
charter
AND
ATTRIBUTES
OF
LOCAL
A. Powers in general.
1. Sources:
a) Sec. 25, Art. II; Secs. 5, 6 & 7, Art. X, Philippine Constitution
b) Statutes, e.g., R. A. 7160
c) Charter [particularly of cities]
d) Doctrine of the right of self-government, but applies only in
States which adhere to the doctrine.
2. Classification:
a) express, implied, inherent (powers necessary and proper for
governance, e.g., to promote health and safety, enhance
prosperity, improve morals of inhabitants)
b) public or governmental, private or proprietary
c) intramural, extramural
d) mandatory, directory: ministerial, discretionary
3. Execution of powers.
a) Where statute prescribes the manner of exercise, the procedure
must be followed.
b) Where the statute is silent, local government units have
discretion to select reasonable means and methods of exercise.
B. Governmental Powers,
1. General Welfare (RA 7160, Section 16)
2. Basic Services and Facilities (RA 7160, 17)
3. Power to Generate and Apply Resources
4. Eminent Domain (RA 7160, 19)
5. Reclassification of Lands (RA 7160, 20)
6. Closure and Opening of Roads (RA 7160, 21)
7. Local Legislative Power (RA 7160, 48-59)
8. Authority over Police Units (See Article XVI Section 6;
PNP Act)
1. General Welfare [Sec. 16, R.A. 7160]: 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 selfreliant scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice, promote
full employment among its residents, maintain peace and order,
and preserve the comfort and convenience of their inhabitants.
a) The general welfare clause is the statutory grant of police
power to local government units.
b) Limitations on the exercise of powers under this clause:
i) Exercisable only within territorial limits of the local
government unit, except for protection of water supply.
ii) Equal protection clause. (The interests of the public in
general, as distinguished from those of a particular class,
require the exercise of the power.)
iii) Due process clause. (The means employed are
reasonably necessary for the accomplishment of the
purpose and not unduly oppressive on individuals.)
iv) Must not be contrary to the Constitution and the laws.
Prohibited activities may not be legalized in the guise of
by
law
cannot
be
2. Basic services and facilities [Sec. 17, R.A. 7160]. [a] Local
government units shall endeavor to be self-reliant and shall
continue exercising the powers and discharging the duties and
functions
currently
also
discharge
the
functions
and
responsibilities of national agencies and offices devolved to them
pursuant to this Code [within six months after the effectivity of
this Code], They shall likewise exercise such other powers and
discharge such other functions as are necessary, appropriate, or
incidental to efficient and effective provision of the basic services
and facilities enumerated herein.
a) Read the enumeration of basic services and facilities in Sec. 17.
Local government units shall endeavor to be self-reliant and shall
continue exercising the powers and discharging the duties and
functions currently vested upon them. They shall also discharge
the functions and responsibilities of national agencies and offices
devolved to them pursuant to this Code (within 6 months after the
effectivity of this Code) They shall likewise exercise such other
powers and discharge such other functions as are necessary,
appropriate, or incidental to efficient an effective provision of the
basic services and facilities enumerated herein.
Note that public works and infrastructure projects and
other facilities, programs and services funded by the national
government under the General Appropriations Act and other laws,
are not covered under this section, except where the local
government unit is duly designated as the implementing agency
for such projects, facilities, programs and services.126
Devolution. Devolution refers to the act by which the
national government confers power and authority upon the
various local government units to perform specific functions and
responsibilities. This includes the transfer to the local government
units of the records, equipment and other assets and personnel of
national agencies and offices. Regional offices of national agencies
shall be phased out within one year form the approval of this
Code. Career regional directors who cannot be absorbed by the
local government unit shall be retained by the national
government, without diminution in rank, salary or tenure.
3. Power to Generate and Apply Resources [Sec. 18, R.A. 7160],
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 revenue
and to levy taxes, fees and charges which shall accrue exclusively
to their use and disposition and which shall be retained by them;
to have a just share in the 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 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.
a) This provision restates and implements Secs. 5, 6 & 7, Art. X,
Constitution. But this power is always subject to the limitations
which Congress may provide by law [Basco v. Pagcor, 197 SCRA
52]. Thus, it was held that local government units have no power
to tax instrumentalities of the National Government, such as
PAGCOR.
b) Detailed provisions are found in Secs. 128 to 383, Book II, R. A.
7160
[Local Taxation and Fiscal Matters].
c) Fundamental principles governing the exercise of the taxing and
other revenue-raising powers of local government units [Sec. 130,
R.A. 7160].
i) Taxation shall be uniform in each local government
unit;
ii) Taxes, fees, charges and other impositions shall be
equitable and based as far as practicable on the
taxpayers ability to pay; levied and collected only for
public purposes; not unjust, excessive, oppressive or
confiscatory; and not contrary to law, public policy,
national economic policy, or in restraint of trade;
5.
6.
Reclassification of Lands
City/municipality through ordinance passed after
conducting public hearings
Authorize reclassification of agricultural lands
And provide for the manner of their utilization/disposition
Grounds:
1. land ceases to be economically feasible and
sound for agricultural purposes as determined
by Department of Agriculture
2. land shall have substantially greater economic
value for residential, commercial or industrial
purposes, as determined by the sanggunian
Reclassification shall be limited to the following
percentage of the total agricultural land area at the time
of the passage of the ordinance:
1. highly urbanized cities and independent component
cities: 15%
2. component cities and 1 st to 3rd class municipalities:
10%
3. 4th to 6th class of municipalities: 5% Provided that
agricultural land distributed to land reform
beneficiaries shall not be affected by such
reclassification.
Closure and Opening of Roads
Pursuant to an ordinance
Permanently or temporarily close or open any road,
alley, park or square falling within its jurisdiction
Provided, in case of permanent closure, ordinance must
be approved by at least 2/3 of all members of the
sanggunian and when necessary, an adequate substitute
for the public facility shall be provided.
Additional limitations:
1. adequate provision for the maintenance of
public safety
2. property may be used or conveyed for any
purpose for which other real property may be
lawfully used or conveyed but no freedom
parks shall be closed permanently without
provision for its transfer or relocation to a new
site.
3. temporary closure may be made during an
actual emergency, fiesta celebration, public
rallies, etc.
Municipality has the authority to:
1. prepare and adopt a land use map
2. promulgate zoning ordinance
3. close any municipal road
provincial roads and city streets are property for public
use and under absolute control of Congress; they are
outside commerce of man and cannot be disposed to
private persons
Power to vacate is discretionary on the Sanggunian
When properties are no longer intended for public use,
the same may be used or conveyed for any lawful
purpose and may even become patrimonial and subject
to common contract.
City Council has the authority to determine whether or
not a certain street is still necessary for public use.
Local Legislative Power
Requisites:
1. not contravene the Constitution or statute
2. must not be unfair or oppressive
3. must not be partial or discriminatory
4. must not prohibit but regulate trade
passed
by
SANGGUNIANG
PANLALAWIGAN,
SANGGUNIANG PANLUNGSOD, SANGGUNIANG
BAYAN shall be approved by:
1. the local chief executive, affixing his
signature on each and every page
2. local chief executive vetoes the same and
the veto is overridden by 2/3 vote of all
the members of the sanggunian.
Grounds:
1. ultra vires
2. prejudicial to the
public welfare
w/in 15 days
in case of a
province
w/in 10 days
in case of a
municipality
recommendations
to
the
sangguniang
barangay
for
adjustment,
amendment
or
modification.
3. The effectivity of the ordinance is
suspended.
4. If no action is taken by the
reviewing sangguinan within 30
days, the ordinance is deemed
approved.
Enforcement
of
Disapproved
Ordinance/Resolutions
1. Attempt to enforce an ordinance or
resolution approving the local
development plan and public
investment
program,
after
disapproval, shall be sufficient
ground for the suspension or
dismissal
of
the
official
or
employee concerned.
Effectivity
PUBLISHED
in
a
newspaper of general
circulation within the
province where the
local legislative body
belongs;
o
absence of newspaper
of general circulation,
POSTING shall be made
in all municipalities and
cities of the province
where the sanggunian
of origin is situated.
o
In
highly
urbanized
and
independent component cities,
the main features of the
ordinance or resolution duly
enacted shall,
POSTED,
o
PUBLISHED once in a
local
newspaper
of
general
circulation
within the city;
o
if there is no such
newspaper within the
city, then PUBLICATION
shall be made in any
newspaper of general
circulation.
Authority over Police Units
Ratification
of
defective
municipal
contracts is possible only when there is
non-compliance with the 2nd and/or 4th
requisite.
3.
4.
Practice of Profession
1. GOVERNORS, CITY and MUNICIPAL MAYORS are
prohibited from practicing their profession or
engaging in any occupation other than the exercise
of their function.
A. SANGGUNIAN MEMBERS may practice their
profession, engage in any occupation, or teach
in schools EXCEPT during session hours.
B.
3.
1.
2.
5.
6.
Date of Election
Every 3 years
Term of Office
Disqualifications
1. sentenced by final judgment for an
offense involving moral turpitude or for an
offense punishable by 1 year or more of
imprisonment within 2 years after serving
sentence
2. removed from office as a result of
administrative case
3. convicted by final judgment for violating
the oath of allegiance to the Republic
4. dual citizenship
5. fugitives from justice in criminal or nonpolitical cases here or abroad
6. permanent residents in a foreign country
or those who have acquired the right to
reside abroad and continue to avail of the
same right after the effectivity of the Code
7. insane or feebele-minded
Rules on Succession
Permanent vacancies:
1. fills a higher vacant office
2. refuses to assume office
3. fails to qualify
4. dies
5. removed from office
6. voluntarily resigns
7. permanently incapacitated
functions
a.
b.
Manner of Election
1. Governor, Vice-Governor, City or Municipal
Mayor, City or Municipal Vice-Mayor and
Punong Barangay elected at large
2. Sangguniang Kabataan Chairman elected by
registered voters of the katipunan ng kabataan
3. Regular
Members
of
the
Sangguniang
Panlalawigan, Panlungsod and Bayan elected
by district.
4. Presidents of the leagues of Sangguinang
Members
of
component
cities
and
municipalities serve as ex-officio members
of the sangguniang panlalawigan
c.
d.
to
discharge
the
Governor/Mayor Vice-Governor/Vice-Mayor
Vice-Governor/Vice-Mayor highest ranking sanggunian member
OR 2nd highest ranking, and subsequent vacancies shall be filled
automatically by the other sanggunian members according to
their ranking
2.
3.
apponted by GOVERNOR
sangguniang panlungsod of component cities and
the sangguniang bayan
appointed
by
CITY
or
MUNICIPAL MAYOR sangguniang barangay upon
recommendation of the sangguniang barangay
concerned
Reason:
to
maintain
party
representation
fails to qualify
convicted of a crime
voluntarily resigns
dies
permanently incapacitated
1.
2.
3.
power to appoint
power to suspend
power to dismiss
Compensation
Resignation
deemed effective upon acceptance by the ff:
1. President governor/vice-gov/mayor/vice-mayor of
highly urbanized cities and independent component
cities
2. Governor municipal mayors/vice-mayors/city
mayors/vice-mayors of component cities
3. Sanggunian concerned sanggunian members
4. city or municipal mayor barangay officials
-
If local chief executive traveling within the country but outside his
territorial jurisdiction for a period not exceeding 3 consecutive
days, he may designate in writing the officer-in-charge of the
office.
Such shall specify the powers and functions
Grievance Procedure
Local chief executive shall establish procedure
Discipline
Grounds
1.
2.
3.
4.
5.
6.
7.
8.
-
disciplined/suspended/removed
Disloyalty to the Philippines
Culpable violation of the Constitution
Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty
Acts of lasciviousness cannot be
considered misconduct; to constitute
a ground for disciplinary action,
official charged with the offense must
be convicted in the criminal action
Commission of any offense involving moral
turpitude or an offense punishable by at least
prision mayor
abuse of authority
unauthorized absence of 15 consecutive
working days except in the case of members of
the sangguniang panlalawigan, panlungsod,
bayan and barangay
application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country
other grounds as may be provided in this code
and other laws
2.
3.
On appeal
from
decision of the Sanggunian
Panlalawigan, the President may stay execution of
appealed decision
Decision of Sanggunian Panlalwigan must be:
1. in writing
2. state clearly and distinctly the facts and the
reasons for the decisions
3. signed by the requisite majority of the
sanggunian
Penalty
-
2.
to all Municipalities/Cities/Provinces
Secretary to the Sanggunian
Treasurer
Assessor
Accountant
Budget Officer
Planning
and
Development
Coordinator
Engineer
Health Officer
Civil Registrar
Administrator
Legal Officer
Agriculturist
Social Welfare and Development
Officer
Environment and Natural Resources
Officer
Architect
Information Officer
Cooperatives Officer
Population Officer
Veterinarian
General Services Officer
-
2.
3.
demotion in rank
suspension for not more than 1 year without
pay
4. fine in an amount not exceeding 6 months
salary
5. reprimand
If penalty is suspension without pay for not more than 30
days, decision shall be final.
If heavier, appealable to CSC which shall decide the
appeal within 30 days from receipt.
Disciplinary authority over City Revenue Officer City
Treasure NOT Mayor.
V. INTER-GOVERNMENTAL RELATIONS
National Government
Power of General Supervision
President over LGUs
Supervisory authority directly over provinces, highly
urbanized cities and independent component cities.
Through the Province with respect to component cities
and municipalities
Through City and Municipality with respect to barangays
Coordination with National Agencies
National
agencies
and
offices
with
project
implementation functions shall coordinate with one
another and with the LGU
Ensure participation of LGU in planning and
implementation of national projects.
Consultation
Before project or program shall be implemented:
1. consultation
2. prior approval of sanggunian
Provided, occupants in areas where such projects are to
be implemented shall not be evicted unless appropriate
relocation sites have been provided.
Philippine National Police
Operational supervision of local chief executive police
force, fire protection unit and jail management personnel
Inter-Local Government Relations
Province through Governor
Local
Local
Local
Local
School Board
Health Board
Development Council
Peace and Order Council
Settled amicably
Rules
a. Involving 2 or more barangays in the same
city/municipality referred to Sangguniang
Panlungsod or Sangguniang Bayan
b. Incolving 2 or more municipalities in the same
province
referred
to
Sangguniang
Panlalawigan
c.
Involving municipalities or component cities in
different provinces jointly referred to the
sanggunians of the provinces
d. Involving a component city or municipality on
the one hand and a highly urbanized city on
the other, or 2 or more highly urbanized cities
jointly referred to the respective sanggunians
of the parties
2.
3.
4.
5.
6.
and