LOCAL GOVERNMENT - Congress canno validly delegate power to
 Sec. 25, Art. II- The state shall ensure the autonomy
of local governments.
 Sec. 2, Art. X- the territorial and political and political
subdivisions shall enjoy local autonomy.
 PRINCIPLE OF LOCAL AUTONOMY- decentralization
 Limbonas v. Mangelin- Autonomy is either
decentralization of administration or
decentralization of power.
 Lina v. Pano- any form of autonomy granted to local
governments will necessarily be limited and confined
within the extent allowed by central authority
subject to the power of control by Congress and
power of general supervision by the President
 CORPORATION- an artificial being created by
operation of law, having the right of succession and
the powers, attributes and properties expressly
authorized by law or incident to its existence
 Classifications of corps accd to purpose:
1. Public- organized for the government of a
portion of State
2. Private- formed for some private purpose
3. Quasi-public- private corp that renders public
service
 CRITERION: If created by State as its own agency to
help the state in carrying out its governmental
functions, then public; otherwise, it is private
 Classes of pubcorp:
a. Quasi-corp- created by State for narrow or
limited purpose
b. Municipal corp- body politic and corporate
constituted by the incorporation of inhabitants
for the purpose of local government
 Elements of Municipal Corps:
a. Legal creation or incorporation- law creating
municipal corp
b. Corporate name
- May change name by Sangguniang
Panlalawigan through ratification in
plebiscite
c. Inhabitants- people residing
d. Territory- land mass where inhabitants reside
 Dual Nature and Functions of LGU
a. Government or public- acts as agent of State
b. Proprietary or private- acts as agent of
community in administration of local afairs
 Municipal corps in PH:
1. Province
2. City
3. Municipality
4. Barangay
5. Autonomous regions in Muslim Mindanao and
Cordilleras
6. Special metropolitan political Subdivisions
 LGU may be created, divided, merged, abolished, or
altered either by law enacted by Congress in case of
PCMA or by ordinance passed by SP in case of
barangay located within its territory
create legislative districts for HR
 Limitations on Creations:
1. Sec. 10, Art. X- Plebiscite requirement
- Comelec shall held it within 120 days from
date of effectivity of law
- Should include participation of residents of
mother province
2. Sec. 7, RA 7160- Based on verifiable indicators of
viability and projected capacity to provide
services
- Income:
a. Municipality- 2.5M
b. City- 100M
c. Highly urbanized city- 50M
d. Province- 20M
- Population:
a. Barangay- 2k xcp Cities 5k
b. Municipality- 25k
c. City- 150k
d. Highly urbanized city- 200k
e. Province- 250k
- Land area
a. Municipality- 50sqkm
b. City- 100sqkm
c. Province- 2000sqkm
3. Bill of rights
 Beginning of corporate existence- upon election and
qualification of chief executive and majority of
sanggunian
 Division and merger of LGUs shall comply with sme
requirements
 LGU may be abolished when its income, population
or land area has been irreversibly reduced to less
than minimum standards prescribed
 De Facto Municipal Corps requisites:
a. Valid law authorizing incorporation
b. Attempt in good faith to organize under it
c. Colorable compliance with law
d. Assumption of corporate powers
- Municipalites created by EOs cannot be
claim to be a de facto municipal corp
 Attack against invalidity of incorporation is reserved
to the State in a proceeding quo warranto
- No collateral attack
- If made for a considerable long time,
considered already a de jure
 LGU- 1/1/1992
 Rules of interpretation:
1. Provision on power of LGU shall be liberally
interpreted in its favor
2. Tax ordinance shall be construed strictly against
LGU and liberally in favor of taxpayer
3. Tax exemption shall be construed strictly against
person claiming it
4. General welfare provisions shall be liberally
interpreted to give more powers to LGU
5. Rights and obligations existing shall be governed
by law in force at time such rights were vested
 6. In resolution of controversies, resort may be had
to customs and traditions in place where
controversies take place

POWERS AND ATTRIBUTES OF LGU

 Sources:
a. Sec. 25, Art. II; Sec. 5-7, Art. X
b. Statutes
c. Charter
d. Doctrine of right of self-government
 Classifications
a. Express, implied, inherent
b. Public or governmental, private or proprietary
c. Intramural, extramural
d. Mandatory, directory: ministerial, discretionary
 Governmental Powers:
a. General Welfare- LGUS shall exercise the powers
expressly granted, those necessarily implied
therefrom, as well as powers necessary for its
efficient and effective governance, and those
which are essential to promotion of general
welfare
- Limitations:
1. Exercisable only within territorial limits
of LGU
2. Equal protection clause
3. Due process clause
4. Must not be contrary to Constitution
and laws
