Professional Documents
Culture Documents
WHAT IS A CORPORATION?
A corporation is an artificial being created by operation of law, having the right of succession and
the powers, attributes, and properties expressly authorized by or incident to its existence.
A legal institution devised to confer upon individuals of which it is composed of powers. Privileges,
and immunities which they would not otherwise possess.
An artificial being, invisible, intangible and existing, in contemplation of law.
CLASSIFICATION OF CORPORATIONS
• Public = organized for government of a portion of a state. created for gov't use
quasi- corporation
municipal corporation
• Quasi-Public = a private corporation that renders public service, it has both elements of a public
and private corporation. They are compelled by law to render public service.
• de facto corporation = the consent of the state is implies even though the conditions of
incorporation are not substantially complied with; they acted in good faith and the court treats
the defective corporation as if it was properly incorporated under special circumstances.
• corporation by prescription = under the principle of common law, a body of men, without formal
incorporation, has claimed to be one , exercising corporate powers for a long period of time with
the tolerance of the state.
• corporation by estoppel = it is not recognized by the state. The parties in a given transaction are
estopped to deny corporate existence to protect the rights of innocent third persons.
PUBLIC CORPORATIONS AND PRIVATE CORPORATIONS, DISTINGUISHED
As to their purpose
Established for the purposes connected with the Created for the private aim, gain, or benefits of
administration of civil and local governments its members
As to their creation
Creations of the State either by general or special Created by the will of the incorporators with the
act recognizance of the State
As to their effect from creation
Voluntary agreement by and among the
involuntary consequence of legislation
members thereof
Test in determining the classification of corporation
Primary : if created as an agent of the State to
carry out governmental functions
Secondary: if created by the State as its own
agency or instrumentality in carrying out
governmental function
ELEMENTS OF MUNICIPAL CORPORATIONS – formulated by Lord Coke of England, adopted by the States
and in the PH
Legal creation/incorporation
o The law/statute creating the LGUs
o In the case of barangays = ordinance of a province or a highly urbanized city, although a
barangay may be created through a statute
Corporate name
o The name of the municipal corporation by which it is incorporated and known and in
which all corporate acts are done (ex: City of Cagayan de Oro)
o Under §13 of the LGC, the Sangguniang Panlalawigan may, in consultation with the
Philippine Historical Institute, CHANGE the name of component cities and municipalities,
upon the recommendation of the Sanggunian concerned.
It shall be effective only if ratified in a plebiscite conducted for the purpose in the
political unit concerned
o A change of name will not destroy nor dissolve the identity of the municipal corporation
nor affect its rights, privileges, or liabilities
o Prohibited to use the names of living persons EXCEPT for justifiable reasons, such as the
use of the family name in a particular community whose members significantly
contributed to the welfare of the Filipino people
Inhabitants
o Refers to the natural persons, the constituents who compose the municipal corporation
o No inhabitants = no municipal corporation
o A municipal corporation is created for the civil govt of the inhabitants and the regulation
& administration of their local affairs
o Under the LGC, there is a certain number of inhabitants required for the creation of an
LGU
Territory
o The land mass where the inhabitants reside, together with the waters, and the air space
above land and water
o Refers to the jurisdiction of a municipal corporation in the discharge of its powers and
functions, subject to constitutional and statutory limitations.
o Territorial boundaries of municipal corporations must be definite, fixed, or certain.
o An incorporation is void where the boundaries of the municipal corporation are not
described with certainty
1.) The liability of municipalities for their acts and those of their officers; and
2.) The extent of legislative control over the same.
CLASSIFICATION OF POWERS
-END OF CHAPTER 2-
CHAPTER 3 – THE CONCEPTS OF LOCAL AUTONOMY, DECENTRALIZATION, DEVOLUTION AND
DECONCENTRATION
LOCAL AUTONOMY
CASES
1. Limbona vs Mangelin
170 SCRA 794-795 (1989)
FISCAL AUTONOMY
- the LGUs have the power to create their own sources of revenue in addition to their equitable
share in national taxes, and also allocate the same in accordance with their own priorities.
- LGUs prepare the budget and must work within the constraints thereof.
- Not formulated at the national level and not imposed on local government.
Section 3. Operative Principles of Decentralization. - The formulation and implementation of policies and
measures on local autonomy shall be guided by the following operative principles:
(a) There shall be an effective allocation among the different local government units of their
respective powers, functions, responsibilities, and resources;
(b) There shall be established in every local government unit an accountable, efficient, and
dynamic organizational structure and operating mechanism that will meet the priority needs and
service requirements of its communities;
(c) Subject to civil service law, rules and regulations, local officials and employees paid wholly or
mainly from local funds shall be appointed or removed, according to merit and fitness, by the
appropriate appointing authority;
(d) The vesting of duty, responsibility, and accountability in local government units shall be
accompanied with provision for reasonably adequate resources to discharge their powers and
effectively carry out their functions: hence, they shall have the power to create and broaden their
own sources of revenue and the right to a just share in national taxes and an equitable share in
the proceeds of the utilization and development of the national wealth within their respective
areas;
(e) Provinces with respect to component cities and municipalities, and cities and municipalities
with respect to component barangays, shall ensure that the acts of their component units are
within the scope of their prescribed powers and functions;
(f) Local government units may group themselves, consolidate or coordinate their efforts, services,
and resources commonly beneficial to them;
(g) The capabilities of local government units, especially the municipalities and barangays, shall
be enhanced by providing them with opportunities to participate actively in the implementation
of national programs and projects;
(h) There shall be a continuing mechanism to enhance local autonomy not only by legislative
enabling acts but also by administrative and organizational reforms;
(i) Local government units shall share with the national government the responsibility in the
management and maintenance of ecological balance within their territorial jurisdiction, subject
to the provisions of this Code and national policies;
(j) Effective mechanisms for ensuring the accountability of local government units to their
respective constituents shall be strengthened in order to upgrade continually the quality of local
leadership;
(k) The realization of local autonomy shall be facilitated through improved coordination of
national government policies and programs an extension of adequate technical and material
assistance to less developed and deserving local government units;
(l) The participation of the private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy
for sustainable development; and
(m) The national government shall ensure that decentralization contributes to the continuing
improvement of the performance of local government units and the quality of community life.
DEVOLUTION
- The act by which the National Government confers power and authority upon the various LGUs
to perform specific functions and responsibilities
- LGUs shall exercise these powers and discharge such functions and responsibilities that are
necessary, appropriate, or incidental to efficient provision of the basic services and facilities
enumerated in the LGC
- Public works and infrastructures are not included in the devolution of powers unless the LGU
concerned is duly designated as the implementing agency for such projects, facilities, programs,
and services.
- However, devolution does prohibit the National Government or the next higher of local gov’t from
providing basic services and facilities assigned to a lower level of LGU when the same are not
available or if available, the resources are inadequate to meet the requirements
DECONCENTRATION
- The transfer of authority and power to the appropriate regional offices whose major functions
are not devolved to LGUs
- The National Gov’t is mandated to effect deconcentration within six months from the effectivity
of the LGC
SUMMARY
Local autonomy refers to the degree of self–determination exercised by the LGU vis-à-vis the
central gov’t
A system of decentralization is a PRE-REQUISITE to achieve local autonomy
To effect the decentralization, we use the process of devolution
If the process involves the transfer of functions from the national office to the regional & local
office involving administrative functions but not to LGUs, then it is properly called
deconcentration