Professional Documents
Culture Documents
ACADEMICS COMMITTEE
I. Nature and Status
Kristine Bongcaron
Michelle Dy A. Definition
Patrich Leccio
Editors-in-Chief A Local Government Unit (LGU) is a political
subdivision of the State which is constituted by
PRINTING & DISTRIBUTION law and possessed of substantial control over its
Kae Guerrero own affairs. Remaining to be an intra sovereign
DESIGN & LAYOUT
subdivision of a sovereign nation, but not 258
intended to be an imperium in imperio, the LGU
Dahlia Salamat
B. Dual Nature
LOGISTICS
Sec. 15, LGC. Every LGU created or recognized
Charisse Mendoza under this Code is a body politic and
corporate endowed with powers to be exercised
SECRETARIAT COMMITTEE
by it in conformity with law. As such, it shall
Jill Hernandez exercise powers as a political subdivision of the
Head national government and as a corporate entity
Loraine Mendoza Faye Celso representing the inhabitants of its territory.
Mary Mendoza Joie Bajo
Members
The obligations of the old City of Manila
survives the cession of the Phil. to the U.S.
because of the corporate nature of the city.
[Villas vs Manila (1921)]
B. Scope
RA 7160 (LGC), Sec. 4
The LGC shall apply to:
provinces
cities
municipalities
barangays
other political subdivisions as may be
created by law; and
to the extent herein provided, to officials,
offices, or agencies of the national
government.
C. Rules of Interpretation
LGC, Sec. 5
Sec. 5. Rules of Interpretation. - In the
interpretation of the provisions of this Code, the
following rules shall apply:
warranto or any other direct proceeding. acceptable standards, to provide for all
Collateral attacks shall not lie. essential government facilities and services
Proceeding must be: (RST) and special functions commensurate with
1. Brought in the name of the the size of its population.
Republic of the Philippines 2. Population. - total number of inhabitants
2. Commenced by the Sol Gen or the within the territorial jurisdiction of the local
fiscal when directed by the president government unit cozncerned.
3. Timely raised [Municipality of San 3. Land Area. - must be:
Narciso v Mendez (1994)] Contiguous
The municipality can still be considered to o unless it comprises two or more
have attained at least a status closely islands or is separated by a LGU
approximating that of a de facto corporation independent of the others;
despite the invalidity of the EO creating it. Properly identified by metes and bounds
This is because the State itself recognized with technical descriptions; and
the continued existence of San Andres when Sufficient to provide for such basic
th
it classified it as a 5 class municipality. services and facilities to meet the
And, more importantly, Sec.442(d) of the requirements of its populace.
LGC cured whatever defect there was in its Compliance attested to by:
creation. [Municipality of San Narciso v.
Department of Finance (DOF)
Mendez]
National Statistics Office (NSO)
Municipal Corporation by Prescription Lands Management Bureau (LMB) of 263
the Department of Environment and
to the general fund of the LGU and are used economically dislocated by the
to finance its operations subject to specified separation of a portion thereof have the
modes of spending the same as provided for right to vote in said plebiscite. What is
in the LGC and its implementing rules and contemplated by the phrase “political units
regulations. directly affected” is the plurality of political
units which would participate in the
As such, for purposes of budget preparation, plebiscite. [Padilla v. COMELEC (1992)]
which budget should reflect the estimates of
the income of the LGU, among others, the The downgrading of Santiago City from an
IRAs and the share in the national wealth ICC to a component city falls within the
utilization proceeds are considered items of meaning of creation, division, merger,
income. [Alvarez v. Guingona (1996)] abolition, or substantial alteration of
boundaries; hence, ratification in a plebiscite
NOTES: is necessary. There is material change in
For provinces and cities, the income the political and economic rights of the
requirement must be satisfied; and EITHER LGUs directly affected as well as the budget
population OR territory. preparation, which budget should reflect the
estimates of people therein. It is therefore
In the creation of barangays, there is no but reasonable to require the consent of the
minimum requirement for area and income. people to be affected.
As to the income requirement, average
annual income shall include the income
Effects of downgrading: (ART) 264
(a) the city mayor will be placed under the
3
For creation of specific LGUs, please check LGC 385-386, 441-442, 449-450, 460-461
POLITICAL LAW REVIEWER Chapter II. CREATION and DISSOLUTION of LGUs
III. Settlement of Boundary Disputes appeal within one (1) year from the filing
thereof. Pending final resolution of the
(asked in 2005)
disputed area prior to the dispute shall be
LGC, Sec. 118-119 maintained and continued for all legal
Boundary dispute—when a portion or the purposes.
whole of the territorial area of an LGU is
claimed by two or more LGUs. C. Maintenance of the Status Quo
Policy: Boundary disputes between or
among LGUs shall, as much as possible, be IRR of LGC, Sec. 18
settled amicably. Pending final resolution of the dispute: status of
the affected area prior to the dispute shall be
maintained and continued for all purposes.
A. Jurisdictional Responsibility for
Settlement of Boundary Dispute The power of provincial boards to settle
boundary disputes is limited to implementing
LGC, Sec. 118
the law creating a municipality. Thus,
If the LGUs involved Boundary disputes provincial boards do not have the authority
are: shall be referred for to approve agreements which in effect
settlement to: amend the boundary stated in the creating
two (2) or more sangguniang statute [Municipality of Jimenez v. Baz
barangays in the same panlungsod or (1996)]
city or municipality sangguniang bayan
concerned.
The conduct of plebiscites, to determine 267
whether or not a barangay is to be created,
B. Appeal
LGC, Sec. 119.
Within the time and manner prescribed by
the Rules of Court, any party may elevate
the decision of the sanggunian concerned to
the proper Regional Trial Court having
jurisdiction over the area in dispute.
The Regional Trial Court shall decide the
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
The provincial council has the authority to 4. The revenue shall inure solely to the
determine whether or not a certain property benefit of, and be subject to disposition
(in this case a provincial road) is still by, the LGU, unless otherwise specifically
necessary for public use [Cabrera vs CA provided herein; and
(1991)] 5. Each LGU shall, as far as practicable,
The power of the LGU to enact zoning evolve a progressive system of taxation.
ordinances for the general welfare prevails
over the deed of restrictions. [Sangalang vs Common Limitations on the Taxing Powers of
IAC(1989)] LGUs Sec 133. LGC
The closure of roads under police power is 1. Income tax (except when levied on banks
not eminent domain. No grant of damages and financial institutions)
are awarded. [Cabrera vs CA (1991)] 2. Documentary stamp tax
Effect: The determination of the location of 3. Estate tax
the camino vecinal through an ordinance will 4. Customs duties, registration fees of vessels
defeat the testimonies of witnesses as to the and all other kinds of customs fees and
location of said passageway. [Pilapil vs CA charges
(1992)] 5. Taxes, fees and charges and other
The MMDA does not have police power, but impositions upon goods carried in or out of,
the LGUs do. There should have been an or passing through, the territorial jurisdiction
ordinance by the LGU to effect an opening of local government units in the guise of
of roads. [MMDA vs Bel Air (2000)] charges for wharfage, tolls for bridges or
otherwise, or other taxes, fees or charges in 272
any form whatsoever upon such goods or
Fundamental principles governing the financial RPT exemption granted under its charter is
affairs, transactions and operations of LGUs withdrawn [MCIAA vs Marcos (1997)]
LGC sec 305 Tax exemption of property owned by the
1. No money shall be paid out of the local Republic refers to properties owned by the
treasury except in pursuance of an Government and by its agencies which do
appropriations ordinance or law; not have separate and distinct personalities
2. Local government funds and monies shall (unincorporated entities). The properties of
be spent solely for public purposes; NDC belong to the Government. [NDC vs
3. Local revenue is generated only from Cebu, (1992)]
sources expressly authorized by law or LGUs, in addition to administrative
ordinance, and collection thereof shall at all autonomy, also enjoy fiscal autonomy. LGUs
times be acknowledged properly; have the power to create their own sources
4. All monies officially received by a local and revenue, in addition to their equitable
government officer in any capacity or on any share in the national taxes as well as the
occasion shall be accounted for as local power to allocate resources in accordance
funds, unless otherwise provided by law; with their own priorities. A basic feature of
5. Trust funds in the local treasury shall not be local fiscal autonomy is the automatic
paid out except in fulfillment of the purpose release of the shares of the LGUs in the
for which the trust was created or the funds national internal revenue. This is mandated
received; by no less than the constitution. Any
6. Every officer of the LGU whose duties retention is prohibited. [Pimentel v Aguirre
permit or require the possession or custody (2000)] 273
of local funds shall be properly bonded, and
If the owner’s accept the offer in its entirety, complaint Although the general rule in
a contract of sale shall be executed and determining just compensation in eminent
payment made domain is the value of the property as of the
If the owner/s are willing to sell their property date of filing of the complaint, the rule
but at a price higher than that offered to admits of an exception: where the SC fixed
them, the local chief executive shall call the value of the property as of the date it
them to a conference for the purpose of was taken and not at the date of the
reaching an agreement on the selling price. commencement of the expropriation
The chairman of the appropriation or finance proceedings. Finally, while sec.4, Rule 67 of
committee of the Sanggunian, or in his the Rules of Court provides that just
absence, any member of the Sanggunian compensation shall be determined at the
duly chosen as its representative, shall time of the filing of the complaint for
participate in the conference. When an expropriation, such law cannot prevail over
agreement is reached by the parties, a the Local Government Code, which is
contract of sale shall be drawn and substantive law. [Cebu vs Apolonio (2002)]
executed. It is possible that the purpose for
The contract of sale shall be supported by expropriation is changed after such is
the following documents: granted. [Republic vs CA (2002)]
Resolution of the Sanggunian
authorizing the local chief executive to Immediate Entry by the LGU
enter into a contract of sale. The
resolution shall specify the terms and Requisites for immediate entry of LGU: 274
conditions to be embodied in the 1. Filing of complaint for expropriation sufficient
privately owned properties ranked last. Also, socialized housing. It exempted “small
the said act provides that expropriation property owners”. The elements of small
should be the last alternative, giving way to property owners are: 1. Those owners of
other modes of acquisition like community real property which consists of residential
mortgage and swapping. Otherwise it would lands with an area of not more than 300
be deprivation of property. [Filstream sq.meters in highly urbanized cities (800 in
International Inc v CA (1998)] other urban cities); 2. They do not own real
property other than the same. [City of
The UDHA introduced a limitation on the Manadaluyong v Aguilar (2001)]
size of the land sought to be expropriated for
By the President
276
E. Reclassification of Lands
When public interest so requires
majority of all its members, be signed by o No action for 30 days from receipt:
the punong barangay ordinance shall be deemed
Review by Sangguniang Panglungsod approved
or Bayan o Finding: inconsistent with law or city
o Within 10 days after its enactment, or municipal ordinances—the
the sangguniang barangay shall sanggunian shall, within 30 days
furnish copies to from receipt, return the same with its
o The sangguniang panglungsod or comments and recommendations to
sangguniang bayan concerned for the sangguniang barangay for
review as to whether the ordinance adjustment, amendment, or
is consistent with law and city or modification
municipal ordinances Effectivity: suspended until such time as
the revision called for is effected
Summary of Review of Ordinances
Period to examine 30 days after receipt of copies, after 30 days after receipt of copies,
documents which the ordinance or resolution is after which ordinance is
presumed valid if no action is taken. presumed valid if no action is
Within 30 days, it may also be taken
transmitted to the provincial attorney or
prosecutor for examination; said atty. or
prosecutor shall give his written
recommendations within 10 days from
receipt of document
Ground to invalidate Ordinance or resolution is beyond the Ordinance is inconsistent with
ordinance or resolution power conferred upon the Sanggunian law and city or municipal
concerned ordinances
In such case, the sangguniang
barangay may adjust, amend or
modify the ordinance within 30
days from receipt from the
sangguniang panglungsod or
sangguninang bayan
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
o When a person steps on a rusted nail in o The Mayor pays for the back salaries of
a flooded public market [Jimenez vs an illegally dismissed employee
Manila (150 S 510)] [Nemenzo vs Sabillano (25 S 1)]
o When accidents are caused by defective o The Governor pays for moral damages
roads even if the road does not belong for refusing the reinstatement of an
to the LGU as long as it exercises employee [San Luis vs CA (1989]
control or supervision over said road
[Guilatco vs Dagupan (171 S 382)] A public officer, whether judicial, quasi-
o Damages suffered through accidents in judicial or executive, is not personally liable
national roads under the control and to one injured in consequence of an act
supervision of an LGU (cause is unsafe performed within the scope of his official
road conditions, especially when there is authority, and in line of his official duty.
gross negligence [Municipality of San [Tuzon v. CA (1992)]
Juan v. CA (2005)]
o Also exemplary damages may be The holding of a town fiesta is a proprietary
granted when public officials acted with function, though not for profit, for which a
gross negligence [Quezon City v municipality is liable for damages to 3rd
Dacana (2005)] persons ex contractu or ex delicto.;
Article 2180, CC o that under the principle of respondeat
o When the State acts through a special superior the principal is liable for the
agent [Merritt vs Government (34 P negligence of its agents acting within the
311)] scope of their assigned tasks; and 286
o that the municipal councilors have a
Illustrations
Mayor exceeding authority in vetoing a
resolution passed by the Sanggunian [Pilar v
Sangguniang Bayan ng Dasol (1984)]
o [Note that under CC27, a public servant
is personally liable for damages for his
refusal or neglect to perform his official
duty]
Chapter VI. Intergovernmental Relations The DILG Sec may not be appointed as
– National Government and LGUs interim caretaker to manage and administer
the affairs of the Liga. Such is tantamount to
I. EXECUTIVE SUPERVISION control [National Liga ng mga Barangay vs
II. CONSULTATIONS Paredes (2004)]
III. RELATIONS WITH PNP
IV. OTHER RELATIONS
B. Administrative Code of 1987, Title XII
I. Executive Supervision Chapter I
A. 1987 Constitution, Art. X, Sec. 2 and 4 (as amended by RA 6975)
peace and order council the cities and independent cities shall be
appointment of new members of the independent of the province.
PNP to be assigned to their respective The city or municipality, through the city or
cities or municipalities without which no municipal mayor, shall exercise general
such appointments shall be attested supervision over component barangays
Review of Executive Orders:
Control and supervision of anti-gambling o Governor—for E.O.s of component
operations shall be within the jurisdiction of cities and municipal mayors
local government executives o City or Municipal Mayor—for E.O.s
of punong barangays.
Governors and mayors, upon having been o Task of reviewing executive: ensure
elected and qualified as such, are that the E.O.s are within the powers
automatically deputized as representatives granted by law and in conformity
of the National Police Commission in their with provincial, city or municipal
respective jurisdiction ordinances
As deputized agents of the Commission, The LGU may secure the opinion of the ff (in
local government executives can inspect proper order):
police forces and units, conduct audit, 1. municipal legal officer,
and exercise other functions as may be 2. provincial legal officer,
duly authorized by the Commission 3. provincial prosecutor
LGUs may consolidate their efforts, services
Grounds for suspension or withdrawal of and resources for their common benefit 290
deputation: 1. Requisite: proper ordinance,
Sec 5. Civil and Political Rights and Liabilities: Fugitive from justice:
(1) Those seeking elective public office in the Intent to evade must be the compelling
factor which animates one’s flight from
Philippines shall meet the qualification for
a particular jurisdiction. There is intent if
holding such public office as required by the
there is knowledge by the fleeing subject
Constitution and existing laws and, at the of an already instituted indictment or of a
time of the filing of the certificate of promulgated judgment of conviction.
candidacy, make a personal and sworn [Rodriguez v. COMELEC (1996)]
renunciation of any and all foreign
citizenship before any public officer “Green Card” holder:
authorized to administer and oath. (asked in 1993, 1994)
(2) Those appointed to any public office shall As provided in Caasi v. Court of Appeals,
subscribe and swear to an oath of allegiance a Filipino citizen’s acquisition of a
to the Republic of the Philippines and its permanent resident status abroad
duly constituted authorities prior to constitutes an abandonment of his
assumption of office. Provided, that they domicile and residence in the
renounce their oath of allegiance to the Philippines. Ugdoracion’s acquisition of a
country where they took that oath; lawful permanent resident status in the
(3) That right to vote or be elected or appointed United States amounted to an
to any public office in the Philippines cannot abandonment and renunciation of his 293
status as a resident of the Philippines; it
be exercised by, or extended to, those who
2. Permanent vacancies in the sanggunian. 3. Temporary vacancy in the office of the local
Sec. 45, LGC (Asked in 1996, 2002) chief executive.
Sec. 46, LGC.
If automatic succession as provided in S44 (Asked in 2002)
does not apply, vacancy is to be filled in by
appointment made as follows: Examples of local chief executive’s
temporary incapacity to perform duties for
Office where Permanent Who Succeeds into physical/legal reasons:
Vacancy Occurs Office
leave of absence;
Member of Sanggunian Person appointed by the
Panlalawigan or President, through the travel abroad;
Sangguniang Panlungsod Executive Secretary suspension from office.
of highly urbanized cities
and independent General rule: Vice-governor, city/ municipal
component cities vice-mayor, or the highest ranking
Member of Sangguniang Person appointed by the sangguniang barangay member shall
Panlungsod of component governor automatically exercise the powers and
cities and the perform the duties and functions of the local
Sangguniang Bayan chief executive.
Member of the Person appointed by the Exception: The power to
Sangguniang Barangay mayor, upon
appoint/suspend/dismiss employees can
recommendation of the
Sangguniang Barangay be exercised only if the period of
concerned temporary incapacity exceeds 30 297
Representation of the Official next in rank of working days.
law to ensure that LGUs act within their 4. May be imposed at any time after the
prescribed powers and functions issues are joined (after respondent has
answered the complaint)
Elective Official against Where to File
whom Administrative Complaint 5. No preventive suspension shall be
Complaint is Filed imposed within 90 days immediately
Provincial or city official Office of the President prior to any local election. If the
Municipal official Sangguniang preventive suspension has been
Panlalawigan imposed prior to the 90-day period
Barangay official Sangguniang immediately preceding a local election, it
Panlungsod or shall be deemed automatically lifted
Sangguniang Bayan
upon the start of the period
Cases Grounds for Preventive Suspension:
Supervision and discipline. The President is when the evidence of guilt is strong
not devoid of disciplinary powers because and,
he merely has supervisory powers under the given the gravity of the offense,
Constitution. Supervision is not incompatible there is a great probability that the
with disciplining authority. [Ganzon vs CA continuance in office of the
(1991)] respondent could influence the
Valid delegation. Under AO 23, the witnesses or pose a threat to the
delegation of the power to investigate to the safety and integrity of the records
Sec of Interior is valid. What cannot be and other evidence 301
delegated is the power to discipline. [Joson Period: Any single preventive
time after the issues have been joined and any Due process. The petitioner has the right to
of the following grounds were shown to exist: a formal investigation under AO 23. Where
o When there is reasonable ground to believe the Sec denied the motion for a formal
that the respondent has committed the act investigation and decided the case on the
or acts complained of basis of position papers, the right of the
o When the evidence of culpability is strong petitioner was violated. [Joson vs Torres
o When the gravity of the offense so warrants (290 S 279)]
o When the continuance in office of the
respondent could influence the witnesses or Form and Notice of Decision
pose a threat to the safety and integrity of Shall be terminated within 90 days from
the records and other evidence. start thereof.
There is nothing improper in suspending an Office of the President or Sanggunian
officer before the charges are heard and before concerned to render decision
he is given an opportunity to prove his Within 30 days from end of
innocence. Preventive suspension is allowed so investigation
that respondent may not hamper the normal In writing
course of the investigation through the use of his Stating clearly facts and reasons
influence and authority over possible witnesses. Furnish copies to respondent and
When a local government official believes that interested parties. (sec. 66 a)
he has been wrongfully suspended, the proper
procedure is to exhaust administrative remedies, NOTE: Any abuse of the exercise of the power
i.e. seek relief from the DILG Secretary, and not of preventive suspension shall be penalized as 302
to file a case in court. [Espiritu v. Melgar (1992)] abuse of authority (Nachura).
designation of elective officials to other The fact that Section 14 and Section 16
government posts. Appointive officials may refer only to appointments within the
be allowed by law or by the primary Executive Department renders conclusive
functions of his position to hold multiple that Section 15 also applies only to the
offices whereas elective officials are not Executive Department. This conclusion is
allowed, except as otherwise recognized in consistent with the rule that every part of the
the Constitution. The provision also statute must be interpreted with reference to
encroaches on executive power to appoint. the context, i.e. that every part must be
(Asked in 1995, 2003) [Flores v. Drilon considered together with the other parts,
(1993)] and kept subservient to the general intent of
the whole enactment. It is absurd to assume
CSC’s Role in Appointments that the framers deliberately situated Section
15 between Section 14 and Section 16, if
It cannot appoint but it can say if a person is they intended Section 15 to cover all kinds
qualified or unqualified. If unqualified, it can of presidential appointments. [De Castro v.
remove the person from office (basis is the JBC (2010)]
Omnibus Implementing Rules of RAC).
Grounds for RECALL of appointment Once an appointment has been made and
(NO-VP) accepted, the appointee acquires a legal
1. Non-compliance with procedure or criteria right to the position--the appointing authority
provided in the agency’s merit promotion cannot unilaterally revoke it without cause,
notice and hearing. But the CSC may do so 305
plan
if it decides that the requirements were not
Without a valid appointment, Montuerlo complaint with the treasurer’s office or with the
acquired no legal title to the Office of DOF. [Garcia v. Pajaro (2002)]
Municipal Budget Officer, even if she had
served as such for ten years. [Montuerlo v. [Sangguniang Bayan of San Andres v. CA
Ty (2008)] (1998)]:
Doctors of Medicine may practice their in place of the provincial fiscal who has
profession even during official hours of work declined to handle and prosecute its case in
o only on occasions of emergency court. [Pillilla v. CA (1994)]
Provided, that the officials
concerned do not derive monetary In resolving whether a local government
compensation therefrom. official may secure the services of a private
counsel in an action filed against him in his
Private Counsel/Lawyers for Elective Local official capacity, the nature of the action and
Officials the relief sought are to be considered. In
General Rule: A Legal Officer, one of the view of the damages sought, which if
appointive local officals common to LGUs, is granted, could result in personal liability,
tasked to represent the LGU in all civil respondents could not be deemed to have
actions and special proceedings wherein the been improperly represented by a private
LGU or any official thereof, in his official counsel. [Mancenido v. CA (2000)]
capacity, is a party. (sec. 481) NOTES:
By appearing as counsel for dismissed Instances when a private lawyer can
employees, the city counsellor violated the represent a LGU
prohibition against engaging in practice if such When the municipality is an adverse
practice represents interests adverse to the party in a case involving the provincial
government. [Javellana vs DILG (212 S 475)] government or another municipality or
city within the province 308
A municipality cannot hire private counsel to file Where original jurisdiction is vested with
Cases
The Special Education Fund covers the
salary and benefits of extension classes
teachers but not college scholarship funds.
[COA Cebu Province v. Province of Cebu
(2001)]
The requirement that DECS shall consult the
local school board in Sec 99, LGC applies to
appointments made by DECS, not to
appointments made by the Pres. [Osea vs
Malaya (2002)]
the mediation,
Chapter VIII. Local Government Units conciliation or arbitration
process
A. THE BARANGAY
1. KATARUNGANG PAMBARANGAY Quick Facts about Katarungang Pambarangay
2. SANGGUNIANG KABATAAN - nature of proceedings is contractual
B. THE MUNICIPALITY
C. THE CITY 1) Subject Matter for Amicable Settlement:
D. THE PROVINCE All cases EXCEPT those listed under Sec.
408:
EXCLUSIONS:
A. The Barangay a. One party is the government or any
LGC Sec. 384-439 subdivision or instrumentality thereof
b. One party is a public officer or employee,
The barangay is the basic political unit. Its roles and the dispute relates to the performance
are: of his official functions
1. Primary planning and implementing unit of c. Offenses punishable by imprisonment
government policies, plans, programs, exceeding 1 yr or a fine exceeding
projects and activities in the community; P5,000.
2. Forum wherein the collective views may be d. Offenses where there is no private
expressed, crystallized and considered; and offended party
3. Where disputes may be amicably settled. e. Dispute involves real properties located in
different cities or municipalities (UNLESS
(Sec 384, LGC)
they submit their dispute to KP) 310
f. Dispute where parties who actually reside
d. Creation must not reduce land area, DBM cannot control amount a city wants to
population or income of original municipality at give its judges as allowance, as long as city
the time of said creation to less than minimum has money to do so. [Dadole v. COA (2002)]
requirements prescribed therein.
Licenses and Permits
A permit issued by the mayor to a drugstore
The municipal mayor has the authority to not previously cleared with and licensed by the
issue permits and licenses for the holding of FDA will be a nullity. However, the issuance of
activities for any charitable or welfare a mayor’s permit is not mandatory once it is
purpose [LGC444(b)(3)]. [Olivarez v. shown that the FDA has licensed the operation
Sandiganbayan (1995)] of the applicant. The city mayor may only
The municipal mayor does not have the revoke the permits issued for violation of the
power to issue warrants of arrest. The power local requirements imposed, not with the
vested by the previous LGC was repealed requirements of general laws and
by the Consti. [Munez vs Arino (1995)] implementing administrative rules. [Gordon v.
The Sangguniang Bayan has the power to Veridiano II (1988)]
provide for the establishment and Distinction must be made between the grant of
maintenance of public markets in the a license or permit to do business and the
municipality. Here, the SB merely mentioned issuance of a license to engage in the practice
the plan to acquire the lot for expansion of of a particular profession. A business permit
the public market adjacent thereto. Until cannot, by the imposition of conditions, be
there is proper expropriation, the landowner used to regulate the practice of a profession.
cannot be deprived of his right over the land.
[Acebedo Optical v. CA (2000)] 312
[Greater Balanga vs Mun of Balanga (1994)]
317