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Preliminary notes The exam would be 100 points + 10pt bonus. He asks essay questions just for 5 points! Nevertheless, answer as comprehensively as you can to get the full points. He also said that he wont ask you to memorize, BUT you should know general concepts and issues. TOPICS most likely to be included: *national-local powers *qualifications for elections *disciplinary actions *CDMASAB (creation, division, merger, abolition and substantial alteration of boundaries) *corporate vs. governmental functions *General supervision powers who exercises supervision over who? *general welfare clause (police powers) questions *federalism: test limits of local governance *autonomy, decentralization and devolution *recall elections as effective check *term-limits CONSTI PROVS on LG: ARTICLE X Section 1: Territorial and Political Subdivisions (PCMBA): 1. provinces 2. cities 3. municipalities 4. barangays 5. autonomous regions *Pimentel: list exclusive! LGU Defined Basco v. PAGCOR: Local Government has been described as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra sovereign subdivision of one sovereign nation, it cannot be an imperium in imperio. Local government in such a system can only mean a measure of decentralization of the function of government. Section 2: territorial and political subdivisions enjoy LOCAL AUTONOMY Limbona v. Mangelin: decentralization of administration - when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments "more responsive and accountable Page 1 of 1
decentralization of power - involves an abdication of political power in the favor of local governments units declare to be autonomous . The autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities. *Under LGC, only decentralization of administration! Decentralization vs Federalism Decentralization: decision by the central government authorizing its subordinates, whether geographically or functionally defined, to exercise authority in certain areas. It involves decision-making by sub-national units. It is typically delegated power, wherein a larger government chooses to delegate certain authority to more local governments Federalism: implies some measure of decentralization, but unitary systems may also decentralize. The sub-units that have been authorized to act do not possess any claim of rights against the central government. Section 3: Congress ENACT LGC! (then outline more or less ng LGC) Section 4: GENERAL SUPERVISION CLAUSE President exercise general supervision over local governments Provinces: component cities and municipalities Cities and municipalities: component barangays *ensure acts of their component units are w/n the scope of their prescribed powers and functions GENERAL SUPERVISION: ensure that local affairs are administered according to law. No control over acts in the sense that he can substitute their judgments with his own. Power of supervision means overseeing or authority of an officer to see that the subordinate officers perform their duties. -includes power of the president to discipline elective officials. Also includes power to investigate. (Joson v. Executive Secretary) *see Section 25, LGC Section 5: ECON POWERS Each LGU shall have power to: 1. create own sources of revenues 2. levy TFC subject to such guidelines and limitations as the Congress may provide (power of taxation delegated by Congress to LGUs) consistent with local autonomy TFC accrue exclusively to LGUs *see Section 18, LGC Section 6: IRA provision -just share in the national taxes -automatically released to them Cha Mendoza
Municipalit y
Only by law
And (all 3)
Barangay
Tan v. COMELEC: Territory reflected only territory with reference to mass of land area and excluded the waters over which the political unit exercised control. Section 8. Division and Merger. -same requirements as Creation and Conversion (INCOME, POPULATION, LAND AREA - IPL) -no reduction of IPL of LGUs concerned to less than min standards, and w/re: INCOME, not below what was standard before Section 9: ABOLITION of LGUs -there should be a law/ordinance -IPL irreversibly reduced to less than the minimum -the law/ordinance should include where the LGU would be incorporated/merged PIMENTEL: Congress retained power to create brgys in Metropolitan Manila so they can abolish it too. SECTION 10: Plebiscite Requirement -mandatory -approval of majority of the votes cast in a plebiscite called for the purpose in the political unit/units DIRECTLY AFFECTED -conducted by COMELEC w/n 120d from effectivity of law/ordinance (unless law/ordinance fix date) Tan v. COMELEC: in the creation of a new LGU, those to be included in such plebiscite would be the people living in the area of the proposed new province and those living in the parent province. Page 5 of 5
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ROLE
Sec384: a. basic politic al unit b. prima ry planni ng and imple menti ng unit c. forum
Sec 440: general purpose government for coordination and delivery of basic, regular and direct services and effective governance of the inhabitants w/n its territorial jurisdiction See earlier table
Dynamic mechanism for development al processes and effective governance of LGUs w/n its territorial jurisdiction
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Chief Executi ve Powers BARANGAY Sangguniang Kabataan 423: Creation and Election -Composition: 1. SK Chair (elected)
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On Budget Officer Lira v. CSC, Jaranilla, 144 SCRA 541 (1986) -PD 1375 transferred the local budget administration from the Ministry of Finance to the Ministry of Budget. Liras position as part of the Office of the Mayor is but a budget policy-determining arm of the local chief executive, otherwise it would be performing same functions as the Local Budget Staff of the City Treasurers Office. PD 1375 created the new position of City Budget Officer as a result of the transfer and since its a new position, its open to ALL QUALIFIED! -QUALIFICATIONS: 3yr experience in treasury service or equivalent in budgeting or in any related field + minimum qualification requirements, subject to Civil Service Law and approval of Commissioner of Budget. Local Chief Executives discretion and prerogative in his choice of appointee to a new office is limited: should consider only those who are qualified and eligible. -Liras appointment was not done pursuant to Local Budget Circular No. 8 which requires that if a Local Budget Officer be appointed before June 19, 1980, the said officer should be issued a new appointment to the position. Lira was not issued a new appointment, nor was her appointment approved by the Minister of Budget. -Jaranilla has more experience: 6 years budgeting work vs. 2 years in Liras case. Court, CSC found her more qualified than Lira On Engineer Genoblazo v. CA, 174 SCRA 124 (1989) Manila City Engineer was authorized to issue a demolition order on his finding that the disputed structures are dangerous and structures within the meaning of the National Building Code (dangerous or ruinous). Patagoc v. CSC, 185 SCRA 411 (1990) -CSC cannot disapprove the appointment made by the City Mayor when the appointed official is qualified. The power of appointment is essentially discretionary and the Commission cannot substitute its judgment for that of the appointment power. CSC under PD 807 may only approve or disapprove the appointment after determining WON the appointee possesses the appropriate civil service eligibility or the required qualifications. It cannot order or direct the appointment of a successful protestant. -Both Patagoc and the Incumbent Asst. City Engineer were qualified.
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-2 classes: 1. Referendum on statutes: petition to approve or reject an act/law, or part thereof, passed by Congress 2. Referendum on local law: petition to approve or reject a law/resolution/ordinance enacted by regional assemblies and local legislative bodies -the lawmaking body submits to the registered voters of its territorial jurisdiction, for approval or rejection, any ordinance or resolution which is duly enacted or approved by such lawmaking authority
PEOPLE AND STRUCTURES IN THE LOCAL GOVERNMENT ELECTIVE OFFICIALS Qualifications and Election Section 39. Qualifications General Requirements (a) citizen of the Philippines (regardless if natural born or naturalized CO v ELECTORAL TRIBUNAL OF THE HOUSE) (b) registered voter in the LGU (if exec) or district (if Sanggunian) (c) resident therein for at least 1 yr immediately preceding the day of the election ABELLA V. COMELEC, SUPRA:difference between place of work vs. place of domicile: domicile (where the person ultimately wants to reside, intent to return) vs. place of work; residence = domicile` - IMPORTANT UNG ANIMUS REVERTENDI DUMPIT-MICHELENA V. BOADO: to successfully effect a change of domicile, there must be a clear and positive proof of concurrence of the Cha Mendoza
Panlungsod
and
Section 57: Review of Brgy Ordinances by the Sangguniang Panlungsod or Bayan Section 58: Enforcement of Disapproved Ordinances/Resolution -sufficient ground for SUSPENSION/DISMISSAL OF THE OFFICIAL OR EMPLOYEE CONCERNED Section 59: Effectivity of Ordinances/Resolutions GR: 10d after copy is posted in bulletin board + at least 2 other conspicuous places X: ORDINANCE/RESOLUTION PROVIDES OTHERWISE Disciplinary Actions * Maraming Bar Exam Questions dito! Also in PubOff so the grounds will not be discussed really * What applies to appointive local officials? Civil Service Law, Code of Anti-Graft and Corrupt Practices Act *Elective officials usually rely on subordinates. Is it a ground for disciplinary action? [Arias v Sandiganbayan ] SECTION 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed (DSR) from office on any of the following grounds: (a) Disloyalty to the Republic of the Philippines; (b) Culpable violation of the Constitution; (c) Dishonesty, Oppression misconduct in office gross negligence dereliction of duty; (d) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor (6Y,1D TO 12Y); (e) Abuse of authority; (f) Unauthorized absence for fifteen (15) consecutive working days, Cha Mendoza
shall be commenced by: >petition of a registered voter in the local government unit concerned >supported by the registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected subject to the following percentage requirements: 1. At least 25%: voting population of not more 20,000; 2. At least 20%: voting population of at least 20,000 but not more than seventy-five thousand (75,000): Provided, That in no case shall the required petitioners be less than 5,000; 3. At least 15%: voting population of at least 75,000 but not more than 300,000: Provided, however, That in no case shall the required number of petitioners be less than 15,000; and 4. At least 10%: a voting population of over 300,000 Provided, however, That in no case shall the required petitioners be less than forty-five thousand (45,000). b. PROCEDURE: 1. A written petition for recall duly signed by the representatives of the petitioners before the election registrar or his representative, shall be filed with the Comelec through its office in the local government unit concerned. 2. CONTENTS: a. The names and addresses of the petitioners written in legible form and their signatures; b. The barangay, city or municipality, local legislative district and the province to which the petitioners belong; c. The name of the official sought to be recalled; and d. A brief narration of the reasons and justifications therefore. 2. COMELEC certify sufficiency of number required 3. if sufficient in form: COMELEC provides official sought to be recalled a copy of the petition .publish it and post it Purpose: allow interested parties to examine and verify the validity of the petition and the authenticity of the signatures contained therein. Cha Mendoza
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